Act of the Czech National Council No. 118 / 1975 Coll.
Act of the Czech National Council on Advocacy
Valid
Effective from 01.01.1976
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
ČÁST DRUHÁ
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
ČÁST TŘETÍ
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST ČTVRTÁ
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
ČÁST PÁTÁ
§ 56
§ 57
§ 58
§ 59
§ 60
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118
THE LAW
Czech National Council
of 29 October 1975
o Advocate
The Czech National Council decided on this law:
TASKS OF ADVOCATION AND IMPLEMENTATION
Tasks of the Advocate General
Advocacy helps safeguard the constitutional right of citizens to defend and protect the other rights and legitimate interests of citizens, institutions and organisations in accordance with the rule of law, socialist legal knowledge and the interests of socialist society. It contributes to the consolidation of socialist lawfulness in society's life and works to ensure that there are no infringements.
Rights and obligations of lawyers
(1) Lawyers' tasks are performed by lawyers by providing legal assistance, in particular by defending citizens in criminal proceedings, representing citizens, authorities and organisations in legal proceedings, in civil proceedings before other state and other authorities, drawing up documents, giving legal advice and carrying out legal analyses. In carrying out these tasks, lawyers shall be bound only by the law and within its limits by the orders of the represented.
(2) In providing legal aid, lawyers lead citizens to fulfil their obligations towards the state and society, to respect for law and their fellow citizens, thereby increasing their socialist legal consciousness; lawyers also contribute to the promotion of the rule of law and to compliance with the rules of socialist cohabitation.
Advocates are entitled and obliged to defend the rights and legitimate interests of the represented conscientiously and consistently, using all legal means and applying everything they consider to be beneficial in their conviction and order; are required to discuss the material facts and their legal relevance with the represented, to proceed effectively and without undue delay; the nature of the case, according to the nature of the case, to draw attention to the rights and legitimate interests of the defendant and, where the nature of the case so permits, to attempt an amicable settlement.
Lawyers are obliged to ensure that legal aid is provided efficiently and economically.
Lawyers may not obtain for themselves or for any other unjustified benefit in connection with the provision of legal aid.
(1) Lawyers may not engage in other gainful activities other than those of the publicist, literary, scientific, artistic and other activities which, for their short-term or one-off nature, cannot jeopardise the performance of their tasks. Exemptions for serious reasons shall be authorised by the Minister of Justice; if they are a university teacher, in agreement with the Minister for Education.
(2) Decisions to authorise exemptions from the prohibition on the pursuit of other gainful activities shall not be subject to general administrative rules.
(1) The lawyer is obliged to remain silent about all the facts which he has learned in connection with the provision of legal aid if the person to whom legal aid is granted does not discharge him.
(2) The obligation of confidentiality may also be waived by the Committee of the Centre of the Czech Advocacy, if it is in the interest of the State to declare such matters before a court, state or other authority.
(3) Non-disclosure obligations cannot be reached if there is a legal obligation to prevent the commission of a criminal offence. 1)
(4) The obligation of confidentiality shall continue to apply to the lawyer after his membership of the Regional (City) Association of Advocates has ceased.
(5) The same obligation to remain silent is also for other lawyers.
(1) The lawyer may be chosen by a citizen, body or organisation. The lawyer is obliged to provide legal assistance.
(2) The lawyer is entitled to refuse legal aid only for serious reasons suggesting that he would not be able to provide it properly, in particular if the workload prevented him from doing so, unless he was appointed to provide legal assistance by the law firm.
(3) The lawyer is obliged to refuse legal aid,
(a) request that he exercise interests which are manifestly contrary to the rule of law;
(b) has participated in the hearing of the person represented with whom the lawyer is related;
(c) provide legal assistance to a citizen, body or organisation whose interests are contrary to the interests of the person requesting legal assistance.
(4) The lawyer is entitled to denounce the power of attorney,
(a) if there is a breach of the necessary trust between the represented and the lawyer,
(b) if the represented does not provide the necessary synergies or does not lodge a reasonable advance on the remuneration for legal aid without a serious reason.
(5) The lawyer shall denounce the power of attorney if the circumstances referred to in paragraph 3 are subsequently ascertained.
The lawyer shall be entitled to entrust the execution of individual legal aid operations to another lawyer or barrister.
(1) The lawyer - member of the Regional (City) Association of Lawyers in the Czech Socialist Republic is entitled to provide legal assistance throughout the territory of the Czech Socialist Republic.
(2) A lawyer who is a member of the Regional Association of Lawyers in the Slovak Socialist Republic has the same authority.
Remuneration
(1) Legal aid shall be granted in respect of a remuneration the amount of which is set by the tariff chart. The plant is issued by the Ministry of Justice in agreement with the competent central authorities. The remuneration belongs to the regional (municipal) association of lawyers of which the lawyer is a member.
(2) Legal aid shall be granted for reduced remuneration or free of charge, where justified by the personal, property and earnings situation of the citizen or by other reasons of particular concern. The legal organisation shall decide whether those reasons are given, except where a representative has been appointed under the civil Code of Procedure.
Liability for damage
The damage caused by the lawyer in the provision of legal aid is the responsibility of the regional (city) association of lawyers of which the lawyer is a member.
ORGANISATION OF ADVICE
The construction of advocacy bodies and the methods of their activities are governed by the principles of democratic centralism.
(1) The legal authorities are elected. They shall be responsible for their activities to the authorities which elected them.
(2) The resolutions and measures taken by higher authorities are less binding on the authorities.
(1) The lawyer has the right to vote and to be elected to the Bar. It shall have the right to attend member meetings of lawyers, to comment on the issues under discussion and to make proposals.
(2) The lawyer has the right to take part in the proceedings of any legal authority.
(3) The lawyer is obliged to comply with the orders and measures of the legal authorities.
(1) The basic legal organisations are the regional association of lawyers, in the capital of Prague the Municipal Association of Advocates (the association).
(2) In order to perform the advocacy, the associations in the counties and the capital of Prague set up legal councils.
The head of the advocacy is the Centre of Czech Advocacy (hereinafter referred to as "the Centre"), which controls and controls all the activities of the advocacy.
(1) The associations and the headquarters are socialist organisations.
(2) The Centre may instruct the Legal Advisory Board to act on its own behalf to the extent specified by it.
Association
Members' meeting of lawyers
(1) The highest body of the association is a member meeting of lawyers, which in particular:
(a) to discuss the fundamental issues of the proceedings in the association;
(b) determine for the next period the tasks of the association;
(c) discuss and approve the report on the activities of the Association Committee;
(d) determine the number of alternate members of the Association Committee;
(e) elect and withdraw members and alternates of the Association Committee for a period of five years;
f) Elects delegates at the conference of Czech advocacy.
(2) A Member's meeting of lawyers is eligible for a resolution if a two-thirds majority of all lawyers - members of the association - are present. The consent of the majority of members of the association present shall be required for the validity of the resolution.
Committee
(1) The Committee of the Association is the executive body of a member meeting of lawyers.
(2) The Committee of the Association shall convene a meeting of lawyers at least once every two years; It shall be convened whenever at least one half of the lawyers - members of the association - so request.
(3) The Committee of the Association shall comply with the resolutions of the member meetings, manage and organise the activities of the Advocate General in all its sections, in particular:
(a) discuss and approve plans for the activities of the association;
(b) establish and abolish legal advice; establish the offices and offices of law firms and the number of lawyers, lawyers' associates and other staff in them; elect and dismiss the head of legal advice;
(c) ensure that the tasks of the cadre and personnel are carried out and the establishment of the cadre reserves;
(d) decide on the admission of a lawyer as a member of the association and its inclusion in a legal advisory body, the exclusion of a member from the association, the withdrawal of membership of the association and the temporary prohibition of legal assistance;
(e) conclude and untie employment contracts with lawyers and other members of the association;
(f) provide for the ideal political and professional education of lawyers, lawyers and other staff;
(g) checks and assesses the level of legal assistance provided by lawyers, compliance with the obligations laid down by this law, compliance with the orders of the association and the Centre of Advocates, Advocates-General and other staff of the association; deal with workers' initiatives and complaints,
(h) ensure the conditions for the exercise of legal aid, manage the funds of the association in accordance with the approved plans and manage the assets of the association and of the Institute.
(4) The Committee of the Association consists of five members, the Committee of the Municipal Association of Advocates in Prague of seven members. The members of the Committee shall continue their duties after the end of the period for which they were elected, pending the election of the new members of the Committee. The alternate members of the Committee shall take the vacancies of the members of the Committee in the order laid down by the Committee.
(5) The Committee shall elect a chairman from among its number. The chairman represents the association externally, ensures the proper functioning of the committee, deals with the ordinary matters of the association.
(6) The Committee of the Association shall be qualified to act if an absolute majority of its members are present. The consent of the majority present shall be required for the validity of the resolution; the President's vote shall take a decision in the event of a tie.
Legal advisory services
(1) Lawyers, lawyers' associates and other staff shall perform their duties in law firms.
(2) The head of the legal advisory team is the head of the legal advisory team, which organises and manages the work of the advisory team and ensures the conditions for proper legal assistance. In particular:
(a) ensure compliance with the orders and measures of the higher bodies of the Bar and monitor compliance with them;
(b) ensure the conditions for the proper conduct of the lawyer and the lawyers' associates at the necessary political and professional level;
(c) organise the work of other workers, impose work on them and monitor their implementation, ensure respect for labour discipline;
(d) take care of the idea of political and professional education of lawyers, lawyers and other staff; control and evaluate the preparatory practice of law firms;
(e) to deal, under the authority of the Committee, with complaints and complaints from workers;
(f) appoint a lawyer and a representative in the cases provided for in the relevant procedural rules and in the case where the lawyer dies or loses his capacity to provide legal assistance, unless the representative otherwise provides otherwise;
(g) decide on the granting of legal aid free of charge or for reduced or increased remuneration, except in the cases provided for in the Civil Code;
(h) express its views on the classification of lawyers, lawyers' associates and other staff in the legal advisory office.
(3) The Chief Counsel shall be obliged to provide legal assistance.
Headquarters
Conference of Czech Advocacy
(1) The highest authority of the Centre is the conference of the Czech Advocate General (hereinafter referred to as "the Conference").
(2) The Conference is composed of delegates of associations elected at the member meetings of lawyers.
(3) The Conference in particular
(a) it shall discuss and lay down the essential tasks of the lawyer at all sections of its activity;
(b) discuss and approve the report on the activities of the Centre Committee and the report of the Central Review Commission;
(c) determine the number of alternate members of the Bureau Committee;
(d) elect for a period of five years the members and alternates of the Committee of the Office, the members of the Review Committee of the Institute and the members of the Disciplinary Board of the Institute and withdraw them.
(4) The Conference shall be eligible for a quorum if a two-thirds majority of delegates are present. The consent of the majority of delegates present shall be required for the validity of the resolution.
Central Committee
(1) The Executive Body of the Conference is the Central Committee.
(2) The Central Committee shall convene a conference and determine the number of delegates from each association. It shall also convene the conference if at least one half of the lawyers so request.
(3) The Central Committee implements the resolutions of the Conference and manages, organises and controls the activities of the Advocate General during the period between the conferences, in particular:
(a) adopt and monitor the implementation of resolutions and measures binding on all advocacy bodies, lawyers, lawyers and other lawyers; issue an organisational, working and disciplinary order;
(b) establish a plan for the Centre and the tasks of the plans of the association;
(c) oversees associations and law firms, cancels, amends, where appropriate, the enforcement of orders and measures of associations which are contrary to the rule of law or the interest of socialist society, with the exception of those concerning the termination of the membership of lawyers in the association and the termination of the employment relationship of law associates and other workers of the association; decide on complaints against decisions and measures of the association; deal with complaints and complaints from workers falling within its competence,
d) control the performance of the tasks of the cadre and personnel of the association and the creation of the cadre reserves;
(e) organise, manage and control ideologically political and professional education of lawyers, lawyers' associates and other staff, appoint the chairpersons and members of the examination committees for the bar examinations;
(f) determine the number of lawyers, lawyers' associates and other staff of each association and of the Institute;
(g) lay down, with the agreement of the competent central authorities, the management conditions of the Institute and the association and in agreement with those authorities and with the relevant trade union body, the system of remuneration of lawyers, lawyers and other staff; ensure the implementation of the wage policy in advocacy in accordance with the guidelines of the Government, the principles established by the relevant central authorities and the wage regulations,
(h) manage financial and material resources, establish central funds in accordance with the relevant rules and decide on their use within the approved plans and manage the assets of the Headquarters;
(ch) identify and keep a list of lawyers who may become familiar with the state secrets according to the aspects set out in the rules on the protection of state secrets;
(i) provide documentation, information, study and publication activities;
(j) to conclude and untie employment with the staff of the Centre.
(4) The Committee is composed of nine members. The members of the Committee shall continue to perform their duties after the period for which they were elected, pending the election of the new Committee. The alternate members of the Committee shall take the vacancies of the members of the Committee in the order specified by the Committee of the Centre.
(5) The Committee shall elect a President and two Vice-Presidents from among its number. The President shall represent the Centre externally, shall ensure the proper functioning of the Committee and shall deal with the normal affairs of the Committee. The Vice-Presidents shall, at the time of his absence, represent the President in the order or in cases determined by the Committee.
(6) The Central Committee is competent to act if an absolute majority of its members are present. The agreement of an absolute majority of the members present shall be required for the validity of the resolution. In the event of a tie, the chairman shall vote.
Division Review Commission
(1) The Revision Commission of the Centre ("the Review Commission") controls the activities of the Centre and the Association with regard to the performance of the duties and tasks laid down by the legislation and by the resolutions of the Advocacy Authorities.
(2) The Revision Committee draws the attention of the Central Committee to the deficiencies identified and makes proposals for action. The report shall be submitted to the Conference.
(3) The Revision Commission is five members. He shall elect a chairman from among his number.
(4) The Centre's Revision Commission is competent to act if an absolute majority of its members are present. The agreement of an absolute majority of the members present shall be required for the validity of the resolution. In the event of a tie, the chairman shall vote.
Board of Directors
(1) The Kátní Commission of the Institute (hereinafter referred to as the "kátní commission") carries out disciplinary action under this Act.
(2) The Board of Directors is nine members. He shall elect a chairman from among his number.
Supervision of the Minister of Justice
The supervision of the activities and management of the Bar belongs to the Minister of Justice, who ensures that lawyers, lawyers' associates, associations and the Bureau perform their duties, respect their duties and exercise the powers under this law and other legislation.
(1) The Minister of Justice may revoke the order or measure of the association and of the Institute, or suspend their execution if they are contrary to the rule of law or the interest of a socialist society.
(2) The right to revoke or suspend the order or measure may not be invoked by the Minister of Justice where the order or measure of the association or the Institute concerns the termination of the lawyer's membership of the association, the termination of the employment relationship of the attorneys and other lawyers or the decision taken in disciplinary proceedings.
(3) The Minister of Justice may propose to the Court of Justice the issue of resolutions or measures under the jurisdiction of such bodies. The legal authorities shall decide on such a proposal within three months at the latest.
(4) The order of the Advocates-General setting out the total number of lawyers in individual associations and law firms and the system of remuneration of lawyers, lawyers and other staff may be issued only with the prior consent of the Minister of Justice.
LEGAL AMENDMENTS TO ADVOCATE AND ADVOCATE CONCILIENTS
Presumption for the execution of a lawyer
Only those who are a member of the association and have taken the following oath in the hands of the President of the Association shall be allowed to do so:
"I promise to be faithful to the Czechoslovak Socialist Republic and to the matter of socialism, to maintain the Constitution and other laws in the course of providing legal assistance and in the fulfilment of my other obligations, to carry out my duties conscientiously and to keep quiet about all the facts that I learn about the provision of legal assistance."
Only a citizen of the Czechoslovak Socialist Republic can be admitted as a member of the association, civil integrity, fully capable of legal acts which are committed to the socialist establishment, has a full university legal education, has had legal practice for three years, of which at least two years in the advocacy, and has passed a successful legal examination.
The Centre may recognise a professional judicial or other similar legal examination as a legal examination. The headquarters may also exceptionally waive all or part of the legal practice.
The creation and demise of membership of the association
Establishment of membership
The membership of a lawyer in an association shall be established on the date specified in the resolution of the Association Committee on the acceptance of a member of the association.
Loss of membership
The lawyer loses membership of the association on the date of the legal authority of the decision to waive citizenship, the decision to waive or restrict legal capacity and the decision by which he was sentenced for an intentional offence to an unconditional prison sentence for more than one year.
Withdrawal from the association
(1) The lawyer's membership shall cease three months after the first day of the calendar month following the receipt of the written declaration by the lawyer of withdrawal from the association, unless the lawyer and the association agree otherwise in writing.
(2) The termination of membership shall not take place if the lawyer withdraws the statement of withdrawal in writing before the expiry of the period referred to in paragraph 1 and the association gives its consent in writing.
(3) If the lawyer leaves the association because, according to the medical opinion, he is unable to conduct a medical trial without a serious risk to his health, his membership of the association shall cease on the date of service of the written statement of the lawyer leaving the association, unless he agrees otherwise with the association in writing.
Cancellation of membership
(1) The Association may revoke the membership of a lawyer,
(a) if the lawyer has seriously infringed the obligations imposed on him by this law or by a resolution of the Institute;
(b) if serious defects were found in his activity suggesting that he was unable to perform his duties properly,
(c) where there are reasons for which a lawyer may be excluded from the association.
(2) The Association may further revoke the membership of a lawyer,
(a) if, for health reasons, he is permanently unfit to fulfil his obligations,
(b) has reached the age of 65.
(3) For the reasons set out in paragraph 1 (b), the lawyer's membership may be revoked only if the lawyer has not removed the defects in his activity within a reasonable period of time, although he has been requested in writing in the last 12 months.
(4) For the reasons set out in points (a) and (c) of paragraph 1, the association may revoke the membership of a lawyer only within three months of the date on which it established that ground but not later than one year from the date on which that ground arose.
(5) The resolution on revocation of membership must state the reasons, the order must be drawn up in writing and served on the lawyer, otherwise it shall be invalid.
(6) The lawyer's membership shall expire three months after the first day of the calendar month following the service of the order of revocation unless the lawyer agrees in writing with the association to shorten that period.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
ČÁST DRUHÁ
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
ČÁST TŘETÍ
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST ČTVRTÁ
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
ČÁST PÁTÁ
§ 56
§ 57
§ 58
§ 59
§ 60
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Regulation Information
| Citation | Act of the Czech National Council No. 118 / 1975 Coll., on advocacy |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.11.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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