Act No. 201 / 1946 Coll.
Law on the treatment of certain issues relating to advocacy
Valid
Effective from 14.11.1946
201.
Law
of 16 October 1946
adapting certain questions relating to advocacy.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) The jurisdiction of the Bar Chamber in Prague applies to the District of the Regional Court in Prague.
(2) The jurisdiction of the Bar Association in Brno applies to the District of the Regional Court in Brno.
1. Also the Law of 26 May 1936, No. 144 Coll., will sound:
"(1) The applicant for entry in the list of lawyers must prove that he has been employed in the territory of the Czechoslovak Republic or before 28 October 1918 in the territory of the former Austrian-Hungary legal service for five years. This service must last for at least four years. The legal service at the ordinary court, the Attorney General's Office, the notary, the administrative or financial office, whether for training or other purpose, shall be counted together within one year only. ';
(2) Paragraph 6 (1) of the Law of 6 July 1868, No 96, will be worded as follows:
"(1) The judicial service, after having passed the judicial examination for a period of five years in the rank of at least a district judge, shall replace the preparatory legal service, the requirement for a doctorate and the bar examinations. ';
(3) Paragraph 7 (2) of the Law will read as follows:
"(2) If the legal conditions are fulfilled, the Committee shall authorise registration if there are no deficiencies under the criminal law or under that law and if the public interest is not affected. The applicant may complain to the Bar Chamber in 15 days from delivery to the Ministry of Justice against refusal of authorisation. '
(4) Paragraph 21 of the Law will read as follows:
"(1) Resettlement shall be permitted by the Bar Committee only if the public interest is not affected. The lawyer may complain to the Bar Chamber in 15 days from delivery to the Ministry of Justice against refusal of authorisation.
(2) Resettlement shall be permitted 3 months after authorisation; a committee of the Bar Association may shorten or forgive this period if there are serious reasons.
(3) The Committee of that Chamber will decide on the relocation to another Bar Chamber. The authorisation shall also be notified to the Committee of the Bar Association of the existing registered office of the lawyer, who shall be responsible for deciding to shorten or waive the period referred to in paragraph 2.
(4) The transfer permit shall be issued by the Bar Committee on the list in which the official regulations are published and shall inform the Presidium of the Regional Court, the Presidium of the Supreme Court and the Ministry of Justice thereof. ';
(5) Paragraph 27 (d) of the Law Code will read as follows:
"(d) to review and approve the final accounts of the company holding submitted by the Committee;"
(6) Paragraph 28 (d) and (h) of the Law Code will be amended as follows:
"(d) manage the economic affairs of the Bar Chamber, decide on the budget of the Chamber's revenue and issue, determine and collect the contributions of members and divide the deficit into members of the Chamber;
(h) establish, for the time being, a Deputy Director when a lawyer dies, or when he is ill, is absent or unable to pursue the advocacy for other legal or factual reasons and has not established or been able to establish himself. "
(7) Paragraph 28 of the Law is replaced by the following:
"(l) to conclude mass contracts of employment with trade union organisations of conceptual and other employees in law firms where such contracts are permitted;
(m) in their field of competence, to call on lawyers and advocates to appear in person, to give the necessary explanations, to order them within the limits of supervision and to force them to carry out these duties by means of financial fines up to CZK 3,000 with lawyers and CZK 1,000 with lawyers; the imposition of a fine must be preceded by a written threat. '
(8) Paragraph 30 (1) of the Law is added as follows:
"The Committee of the Bar Association shall authorise the entry on the list of candidates of the Advocate General or the exercise of the legal service of the candidate of the Advocate General in a place other than the present, unless the public interest is affected '.
(9) Paragraph 30 (4) of the Law will read as follows:
"(4) The parties may complain to the Bar Chamber within 15 days of service to the Ministry of Justice against the refusal of entry on the list of candidates and the removal from the list of candidates and the refusal of authorisation to perform legal services in a place other than the present one. '
Statements of the Bar Committee on the members' contributions due and on the breakdown of the deficit of the Chamber's economy to members [§ 28 (d) of the Law Code as amended by § 2 (6) of the Law], as well as the notices on the imposition of a fine [§ 28 (m) of the Law as amended by § 2 (7) of the Law, bearing a measure of enforceability signed by the President of the Bar Chamber or its Deputy, are enforceable titles and may be executed by judicial execution.
The provisions of Articles V and VII of the Law of 6 November 1906, No 223, (Amendments to the Disciplinary Statute for Advocates and Candidates and the Law of the Law of 6 November 1906, No 223) shall apply mutatis mutandis to the application of the fine provided for in Article 28 (m) of the Law of the Law as amended.
(1) Persons who are participants in a national exemption fight within the meaning of the Law of 15 May 1946, No 136 Coll., on the placement and other arrangements of participants in the national exemption fight, which have been delayed in taking up or serving legal service for their participation in the national exemption fight, prescribed for entry on the list of lawyers and for admission to the bar test, and other persons who, for reasons of political persecution or other occupation, have been suspended in the taking-up or execution of that legal service, shall be reduced for the period of that delay. The period of legal service with a lawyer, prescribed for entry on the list of lawyers and for admission to the trial, may not be reduced by more than 1 1 / 2 of the year.
(2) Graduates of rights who successfully passed a historical and legal and judicial examination at the Charles University Law Faculty in Prague, Masaryk University in Brno or the Comenius University in Bratislava and who were employed by a lawyer in the period from 17 November 1939 to the end of the period of non-freedom may be counted for the period in question when the other formalities have been completed fully within the overall period prescribed for entry on the list of lawyers and for admission to the bar test. The period of legal service with a lawyer prescribed for entry in the list of lawyers may not be reduced by more than 3 years.
(3) The period during which the persons listed in paragraph 1 have been engaged in legal work with a lawyer, not due to the causes of the occupation, are entered in the list of candidates for the advocacy, although otherwise they fulfil the conditions for entry in that list, will be included in the prescribed legal service with the lawyer.
(4) If there are serious reasons, it may be recognised as a legal service prescribed for entry on the list of lawyers and for admission to the trial, a legal service performed by an applicant with a lawyer in a territory which has been temporarily separated from the territory of the Czechoslovak Republic after 29 September 1938.
Decisions and measures which were issued after 5 May 1945 and before this Act was effective for the territory temporarily separated from the territory of the Czech and Moravian-Silesian countries under the rules applicable to advocacy in the other territories of these countries shall be considered as decisions and measures granted under the applicable rules.
(1) The applicability of the provisions of the Government Order of 25 October 1938, No 249 Coll., amending the Circuit of the Bar Chamber in Brno, of the measures of the Standing Committee of 16 November 1938, No 284 Coll., on the provisional adaptation of certain issues relating to the Advocate's Office, and of the Government Order of 28 March 1940, No 174 Coll., amending and supplementing the provisions concerning the jurisdiction of the Bar Association bodies is hereby revoked.
(2) At the same time, the applicability of the Reich-German legislation governing the advocacy, which was issued at the time of infreedom for the territories of the Czech and Moravian-Silesian countries, is abolished.
This law applies in Czech and Moravian-Silesian countries; to be carried out by the Minister for Justice.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 201 / 1946 Coll., on the adaptation of certain questions relating to advocacy |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.11.1946 |
|---|---|
| Effective from | 14.11.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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