Important jurisprudential change: The attendance list kept by the employer does not constitute an official act

Important jurisprudential change: The attendance list kept by the employer does not constitute an official act

In decision no.

The court specifies that an attendance list, as a document that is drawn up and administered by the employer's own structure, remains a unilateral act.

Consequently, this document is simply categorized as a simple document (private document) in accordance with Article 258 of the CPC.

The principle of Hitting without Falsehood

The Civil College of the Supreme Court has formulated this clear procedural standard:

"As a simple document according to Article 258 of the CPC, it is not necessary that in every case the attendance list be struck for falsity. To relativize or reduce its probative power, it is enough for the litigant (the other party) to simply dispute the content of this document when it is presented at the trial."

This interpretation avoids complicated and lengthy impeachment proceedings, turning the debate over attendance lists into a simple debate over the veracity of the facts.

Claim of Employers

Official Document

It was often claimed that internal attendance records constituted absolute official evidence that required criminal proceedings or civil forgery suits to be overturned.

The standard of KCGJL

Simple Private Letter

Probative power is entirely relativistic.

Full Supreme Court Decision

Download the official Word document (DOC) of decision no.

Download DOC "Barazia procedurale kërkon që asnjë dokument i krijuar në mënyrë të njëanshme nga punëdhënësi të mos konsiderohet i vërtetë a priori pa u ballafaquar me të vërtetën faktike."