Article 39 of Judicial Organisation Law

The imprisonment of a judge or member of the Public Prosecution pursuant to an order or judgment shall necessarily entail his suspension from performing the duties of his office throughout his imprisonment. The Supreme Judicial Council may order the suspension of a judge or member of the Public Prosecution from performing the duties of his office during investigation proceedings concerning a crime committed by him, on its own initiative, at the request of the Public Prosecutor or the president of the court to which he belongs, or pursuant to a decision of its general assembly. The Minister of Justice shall be notified thereof. Suspension shall not entail depriving the judge or member of the Prosecution of his salary during the suspension. Article 40 (3) The discipline of judges of all grades falls within the jurisdiction of a Disciplinary Council constituted of three counsellors of the Court of Cassation and two counsellors of the Court of Appeal, provided that neither the president nor members of the Supreme Judicial Council are among them. The most senior counsellor shall preside over the Council. The general assembly of each of the two courts shall annually select the counsellors necessary to constitute the Disciplinary Council and an equal number as alternates. The Disciplinary Council shall convene at the seat of the Court of Cassation. The head of Judicial Inspection, or whoever he assigns thereto, shall represent the prosecution before it. Article 41 (4) Disciplinary proceedings shall be instituted by the head of Judicial Inspection at the request of the Minister of Justice (1) The Article was amended by Law No. 10 of 1996 (2) The Article was amended by Law No. 10 of 1996 (3) The Article was amended by Law No. 10 of 1996 (4) The Article was amended by Law No. 10 of 1996 Law Index 711 Home Page Judicial Organization Law Decree-Law No. 23 of 1990 concerning Judicial Organization or at the request of the president of the court to which the judge belongs, or the Public Prosecutor, as the case may be. Proceedings shall also be instituted against a judge or member of the Public Prosecution if he loses trust and esteem or loses fitness for reasons other than health, on the basis of a complaint submitted in that regard, and he shall be referred to the Disciplinary Council to consider his dismissal from service. Proceedings shall not be instituted except after a criminal or administrative investigation conducted by Judicial Inspection, or by whomever the Supreme Judicial Council delegates for that purpose if the person under investigation is senior to the head of Judicial Inspection. The head of Judicial Inspection shall institute proceedings within thirty days from the date of the request.