Act No. 167 / 1949 Coll.
Law on permanent connoisseurs and interpreters
Valid
Effective from 02.07.1949
167.
Law
of 16 June 1949
on permanent connoisseurs and interpreters.
The National Assembly of the Czechoslovak Republic decided on the following Act:
General provisions.
Establishment.
(1) A permanent concierge or permanent interpreter (hereinafter referred to as "expert" in this part) shall, at the request or by authority, be established by an official regional court in whose district the expert resides.
(2) There is no legal entitlement to a provision by an expert.
(3) If the expert has been established ex officio, the Office must accept.
(1) The expert may determine who:
a) is a Czechoslovak citizen,
(b) is civil, stable and committed to the idea of a popular democratic establishment;
(c) it has the necessary knowledge and experience and is able to carry out the expert's duties properly.
(2) The Ministry of Justice may, for reasons of special consideration, waive the condition of Czechoslovak citizenship.
The number of experts.
The number of experts is governed by local needs. The Regional Court shall assess at its discretion whether the number required has been achieved; In doing so, he shall ensure that there are sufficient experts from every field from which the courts entrust the experts.
A list of experts.
The Regional Court shall keep for all courts of its district a list of experts which it has established (hereinafter referred to as "the list ').
Swear of experts.
(1) The expert shall perform the following oath before taking office in the hands of the President of the Court or of the Judge appointed by him:
"I swear by my honor and conscience that I will be faithful to the Czechoslovak Republic and its popular democratic establishment, that I will uphold the laws and regulations and perform my office impartially to the best of my knowledge, conscience and expertise, that I will keep secrets in the matters entrusted to me and, in all my actions, I will always have regard to the interests and benefits of the Republic and its people.
I swear. "
(2) If an expert resides outside the district of the District Court, which is at the seat of the Regional Court, he may take the oath at the District Court of his place of residence.
Decret and entry in the list.
(1) After the oath has been taken, the expert shall be issued a provision indicating the time and place of its composition.
(2) Once an expert has been issued a decree, the county court will place the expert on the list.
Performance of the office.
(1) The expert is entitled to exercise his office throughout the territory of the State.
(2) At the request of the authorities and public authorities or of the parties, the expert may also be active outside judicial proceedings.
The rules on the exclusion and refusal of judges shall apply to the exclusion and refusal of experts. Otherwise, the expert may refuse the performance of the Office only in cases where the witness is relieved of his / her testimony.
The expert shall keep a diary in which he shall record all the expert's actions according to the subject matter and with an indication of for whom, when and for what fee the action was performed.
In the written exercise of his office, the expert shall use a round seal. The seal shall contain a small national emblem, the name, surname and address of the expert and the field for which it has been established.
An occasional expert.
If an expert is not an expert in a branch of the court, or if the expert is unable to execute his office, the court shall add an expert from another judicial district. If it is associated with disproportionate costs or if the matter of deferral is not borne, in particular if it is a matter of national insurance, the court may, at its discretion, add another person with the necessary knowledge to the expert's action; The provisions on experts shall then apply mutatis mutandis.
Marked.
(1) The expert is entitled to compensation for the costs of the expert's work and reasonable remuneration (expert's fees).
(2) In determining the remuneration, account shall be taken of all the circumstances of the case and of the nature of the expertise which the expert's examination provided for.
(3) Detailed provisions for the implementation of paragraphs 1 and 2 and the rate of remuneration shall be laid down by the Government by regulation; before that happens, the applicable rules and rates are applicable.
Surveillance and disciplinary power.
The expert shall be subject to the supervision and disciplinary power of the Regional Court to which he has been appointed. This is without prejudice to the right of the court to impose penalties on experts under the rules on judicial proceedings.
(1) The expert is guilty of disciplinary action if, knowingly or negligently, he has infringed the obligations imposed on him by oath and by the Office.
(2) Penalty of disciplinary action shall cease if one year has elapsed since its commission. If the conduct which is the subject of disciplinary action is based on the facts of a criminal offence, the offence shall not be barred before the statute of limitations has been imposed under criminal law. The rules on the interruption and establishment of the limitation period shall apply to the suspension and limitation of criminal offences.
Punishment is a warning, a written reprimand, a fine of up to 50,000 ccs and a deprivation of office. The fine and removal of office may be expressed at the same time.
(1) Before the decision is taken, experts shall be informed in detail of what they are accused of and shall be heard of.
(2) The expert may lodge a complaint with the Ministry of Justice before a decision imposing a fine of more than 1 000 Kčs or the removal of the Office within 15 days of the date of service.
The fines are enforced by judicial execution and taken to the Treasury.
A cut off the list.
(1) The Regional Court shall cross the expert off the list:
(a) if any of the conditions for its provision is lost or if it is subsequently found not to be fulfilled;
(b) if the expert for disciplinary action has been removed from office by a final decision pursuant to Paragraph 15;
(c) if he is no longer resident in his district.
(2) The expert may be deleted from the list if he declares that he has surrendered to the Office.
(3) If the expert has been crossed out in accordance with paragraph 1 (a), he may lodge a complaint with the Ministry of Justice before the Regional Court within 15 days of service of the decision.
Driving.
(1) The Regional Court shall conduct an investigation each fifth year as to whether the conditions for their provision continue to be fulfilled by experts or whether it is otherwise not necessary to remove the expert from the list (§ 18).
(2) According to the outcome of this investigation, the Regional Court will arrange for the list to be aligned with the actual situation and supplemented as necessary.
Before the decision is taken, the Regional Court shall carry out the necessary investigations and, if the expert is required, invite the Regional National Committee, the Unified Trade Union Organisation, the relevant interest corporation or organisation, the National Insurance Expert and the Central National Insurance Agency to make their views known within a time limit to be determined; If such observations are not made in time, the court may decide without them.
In matters governed by this law, the Regional Court shall have jurisdiction by its President; Unless the law provides otherwise, there is no appeal against its decision.
Special provisions for permanent interpreters.
(1) The translation of a document from a foreign or foreign language shall be carried out by a permanent interpreter (hereinafter referred to as the "interpreter" in this section) on the document itself or accompanied by a translation with the document so that the indivisibility of the translation from the translated document is ensured.
(2) If it is a document that cannot be linked to the translation (collections of laws, parts of binding books and so on), it shall be accompanied by a certified copy.
(1) The interpreter shall verify the translation by attaching the clause. The endorsement shall include:
(a) the serial number of the journal (Section 9);
(b) the dates of the official measure by which the interpreter has been established (§ 1), the reference to the sworn oath (§ 5) and the declaration that the translation fully conforms to the translated document;
(c) the date on which the translation was made,
(d) fees charged with reference to the relevant tariff items;
(e) the signature and seal of the interpreter.
(2) If there has been a translation of cuts or other corrections, this should be noted in the clause; the crossed words must remain legible.
(3) The clause must be written in the Czech or Slovak version; a clause of the same content may be attached to it in the language from which or to which the translation was obtained.
(4) The clause enjoys public faith.
The Regional Court may, if justified by local circumstances, authorise the interpreter to verify the accuracy of the copies of documents written in foreign language, the interpreter of which has been appointed. Such verification shall be subject to the rules on the verification of the documents by the court.
Where, under applicable international agreements or other provisions, the signature of the interpreter is required to be verified and where no other procedure is provided for in such a case, such verification shall be carried out by the Regional Court by which the interpreter was appointed. This shall be without prejudice to the need for further verification by higher authorities or authorities.
Transitional and final provisions.
(1) The list provided for in Article 4 replaces all lists of experts and interpreters still in the courts.
(2) Persons registered in any of the existing lists of experts or interpreters shall be transferred to a list under this Act if the conditions laid down in this Act are fulfilled and if they so request within one month of the date of its publication; Such an application shall not be subject to a fee and shall not be subject to an administrative charge. Until the date of notification of the decision on the application, such persons may exercise their office.
(1) Any provisions which contravene the provisions of this Law, in particular:
(a) the Court Decree of 22 December 1835, No. 109 Coll., on Judicial Interpreters;
(b) Regulation No 58.600 / 1916 I. M. on legal interpreters;
(c) Paragraph 25 of the Decree of 10 July 1931, No 115 Coll., on the selection and aggregate remuneration of trustees of the bankruptcy substance, the equalisation trustees and experts in insolvency and settlement proceedings;
(d) the provisions of § § 1 to 10 of the Decree of 23 June 1933, No 100 Coll., laying down provisions on the valuation of real estate in the execution procedure (order of assessment);
(e) Government Decree of 13 July 1939, No. 269 Coll., on the lists of permanent forensic experts.
(2) Paragraph 16 of the Act of 13 February 1947, No 15 Coll., on the prosecution of black trade and similar affairs, is also repealed.
Efficiency and execution.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister of Justice in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 167 / 1949 Coll., on Permanent Compulsory Experts and Interpreters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.07.1949 |
|---|---|
| Effective from | 02.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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