Act No. 210 / 1999 Coll.
Act amending Act No. 85 / 1996 Coll., on Advocate, and Act No. 140 / 1961 Coll., Criminal Act, as amended
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Effective from 05.10.1999
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210
THE LAW
of 29 July 1999
amending Act No. 85 / 1996 Coll., on Advocate, and Act No. 140 / 1961 Coll., Criminal Act, as amended
Parliament has decided on this law of the Czech Republic:
AMENDMENT OF THE ADVOCATION LAW
Act No. 85 / 1996 Coll., on Advocate, is amended as follows:
1. in Article 5 (1) (b), including footnote (1a),
"(b) who obtained a university degree in the field of law in the Czech Republic, 1a)
1a) § 46 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education). '
2. in Article 5 (1) (e):
"(e) who have not been ordered to be removed from the list of lawyers or who are regarded as having not been imposed on him;"
3. in Article 5 (1) (f), "§ 8 (1) (g)" shall be replaced by "§ 7b (1) (e) or (f)";
4. In Article 5 (2) (a), the words "under conditions compatible with this Law 'shall be inserted after the words" in another State'.
5. In Paragraph 5 (4), "CZK 3,000 'is replaced by" CZK 5,000'.
6. Paragraph 6 (3) reads as follows:
"(3) Any other professional examination in the field of legal practice referred to in paragraph 1 may be recognised as a trial only in respect of the application for entry on the list of lawyers; other legal practice as referred to in paragraph 2 may be recognised as the legal practice of the barrister only in respect of a request for the execution of a trial or an application for entry on the list of lawyers. ';
7. Paragraph 7 (1) reads as follows:
"(1) Unless otherwise provided for in this law, the Chamber shall, within nine months of receipt of the written application, allow any person who proves that he fulfils the conditions set out in § 5 (1) (a) to (d) to pay a fee for the examination set by the Chamber and not exceeding CZK 5,000; within the same period of time after payment of the test fee, the Chamber shall allow the recognition test to be carried out by anyone who fulfils the conditions set out in Sections 5 (1) (a) and (d) to (g) and 5 (2) (a). ';
8. In Article 7, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) He who has failed the bar examination or recognition examination may, within one month of the date of its performance, ask the Chamber in writing to allow it to be repeated. In such a case, the Chamber shall allow him to repeat the bar examination or recognition examination, but not earlier than six months after the date of the examination in which the applicant failed; the test can only be repeated twice.
(3) Any person who has failed to pass the bar or recognition test within the time limit referred to in paragraph 2 or who has failed the test even in its second repetition may submit a new application for the bar or recognition test only after three years from the date of the last test. In addition, those who so request must demonstrate that, in the last three years before the application, they have carried out the legal practice of a lawyer associate for at least two years. Otherwise, paragraph 1 shall apply mutatis mutandis. ';
Paragraph 2 shall become paragraph 4.
9. In Article 7 (4), the words "the decision on the recognition of another test or the recognition of another practice 'are replaced by the words" the recognition of another test or the recognition of another practice'.
10. After Article 7, the following Sections 7a and 7b are inserted:
"Delete from the list of lawyers
The right to exercise a lawyer shall cease to be withdrawn from the list of lawyers:
(a) if one of the facts referred to in Article 7b is found,
(b) if the Chamber so decides in the cases referred to in paragraphs 8 and 10.
(1) Him,
(a) who has died is removed from the list of lawyers on the date of death;
(b) who has been declared dead is removed from the list of lawyers on the date of the court's decision to declare himself dead,
(c) who has been deprived of legal capacity, or whose legal capacity has been restricted, is removed from the list of lawyers on the date of legal power from the decision of the court which has been deprived of legal capacity or whose legal capacity has been restricted;
(d) to whom a disciplinary measure has been imposed by way of removal from the list of lawyers, he shall be removed from the list of lawyers on the date on which the decision to impose that measure was taken;
(e) against whom bankruptcy has been declared, compensation granted or refused an application for a declaration of bankruptcy because his property is not sufficient to cover the costs of bankruptcy, he shall be removed from the list of lawyers on the date on which the decision on the declaration of bankruptcy, the authorisation of the settlement or the rejection of the application for a declaration of bankruptcy was taken,
(f) who is a member of a legal person set up for the purpose of the trial (Paragraph 15), against whom bankruptcy has been declared, authorised to settle or refused an application for bankruptcy because its assets are not sufficient to cover the costs of bankruptcy, is removed from the list of lawyers on the date of the legal authority of the decision on the declaration of bankruptcy, the authorisation of compensation or the refusal of the application for bankruptcy,
(g) who has submitted a written request for removal from the list of lawyers, accompanied by an officially certified signature, shall be removed from the list of lawyers by the end of the calendar month following the month in which the request for removal from the list of lawyers of the Chamber was served.
(2) The removal from the list of lawyers referred to in paragraph 1 shall be recorded by the Chamber in the list of lawyers without delay, but no later than one month after it has become aware of it. The record of the Chamber shall be made known in writing to the person to whom the alert relates if the reasons for the removal referred to in paragraph 1 (d) to (g) are concerned; in other cases, the Chamber shall notify in writing the record of the person close to it, if known. ';
11.
(1) From the list of attorneys, the Chamber will remove
(a) who has been entered on the list of lawyers, even if he does not fulfil any of the conditions laid down in that law;
(b) who has been convicted of a criminal offence committed in connection with the execution of a trial;
(c) who has been convicted of a criminal offence other than that referred to in (b), or who has been convicted of the offence referred to in (b), to a penalty other than an unconditional custodial sentence, where such criminal activity endangers confidence in the proper conduct of the trial;
(d) who is late in paying the contribution to the Chamber for more than six months and who has not paid the contribution within one month of being asked to do so by the Chamber with a lesson on the consequences of the non-payment;
(e) whose suspension under Paragraph 9 (1) shall last for a period of more than four years. This shall not apply if the reason for the suspension of the duties of a Member of the Government or the performance of the duties of a member of the local authorities, of a Member or of a Senator or, where appropriate, of another elected public office.
(2) The Chamber shall be entitled to decide to withdraw from the list of lawyers referred to in paragraph 1 (a) only within one year from the date on which it became aware of the failure to fulfil the conditions for entry in the list of lawyers; This does not apply if the condition referred to in § 5 (1) (a), (b) or (d) or § 5 (2) (a) applies.
(3) The removal from the list of lawyers shall be recorded by the Chamber in the list of lawyers without delay, but no later than one month after the decision to withdraw has become enforceable. '
12. The following Sections 8a and 8b are inserted after Section 8, including the title and footnote (1b):
"Suspension of the execution of a lawyer
The suspension of the execution of the advocacy is taking place,
(a) if one of the facts referred to in § 8b is found,
(b) if the Chamber so decides in the cases referred to in paragraphs 9 and 10.
(1) The lawyer,
(a) against which the bankruptcy, settlement or rejection of an application for bankruptcy is declared because its assets are not sufficient to cover the costs of the bankruptcy, the execution of the lawyer shall be suspended on the date on which the bankruptcy declaration or the authorisation for the settlement took effect or on the date on which the enforceable decision to reject the application for bankruptcy became enforceable;
(b) which is a member of a legal person set up for the purpose of exercising legal proceedings (Paragraph 15), against whom bankruptcy has been declared, authorised to settle or refused an application for bankruptcy because its assets are not sufficient to cover the costs of bankruptcy, suspended the execution of the lawyer on the date on which the bankruptcy declaration or the authorisation for settlement took effect, or the date on which the decision to reject the bankruptcy declaration became enforceable;
(c) where a disciplinary measure has been imposed on a temporary prohibition on the execution of a lawyer (Article 32 (3) (d)), the enforcement of a lawyer shall be suspended on the date on which the decision to impose that disciplinary measure has become final;
(d) which has been taken into custody shall be suspended from the day on which the decision to take custody became enforceable;
(e) who has taken up the execution of a custodial sentence shall be suspended from the date on which the sentence is enforced. Paragraph 8 (1) (b) and (c) shall be without prejudice to:
(f) to whom a prohibition of action has been imposed, (1b) consisting of a prohibition on the execution of a lawyer, the day on which the decision imposing that sentence has become final is suspended. Paragraph 8 (1) (a) and (c) shall be without prejudice to this.
(2) The suspension of the execution of the trial referred to in paragraph 1 shall be recorded by the Chamber in the list of lawyers without delay, but not later than one month after it has become aware of it; they shall inform the lawyer in writing of the record of the Chamber.
1b) Sections 49 and 50 of Act No. 140 / 1961 Coll., Criminal Act, as amended. '
13. in Article 9 (1) (b):
"(b) if another obstacle to the conduct of advocacy for a longer period of four months."
Point (c) shall be deleted.
14. in Paragraph 9 (3):
"(3) The suspension of the trial shall be recorded by the Chamber in the list of lawyers without delay, but no later than one month after the decision to suspend the trial has become enforceable. '
15. The following Sections 9a and 9b are inserted after Section 9:
(1) For the duration of the suspension of the procedure
(a) the lawyer is not entitled to provide legal services;
(b) a lawyer is not entitled to pursue any other activity under Paragraph 56, provided that the condition of his or her exercise is that he or she be authorised to perform the legal proceedings;
(c) the lawyer's membership of the Comoros bodies referred to in Article 41 (1) (b), (d) and (e) shall cease;
(d) a lawyer may not be elected or appointed to the bodies of the Chamber referred to in Article 41 (1) (b), (d) and (e).
(2) Suspension of the performance of the lawyer
(a) the participation of a lawyer in an association pursuant to Article 14 or in a legal person set up for the exercise of a lawyer (Article 15) shall not cease;
(b) without prejudice to the obligation of the lawyer referred to in Article 24 (3),
(c) the obligation of the lawyer to make payments pursuant to Article 30 (1) shall not cease;
(d) shall be without prejudice to the disciplinary liability of the lawyer, including as regards the criminal offence committed at the time of suspension of the trial.
(1) The suspension of the execution of a lawyer
(a) the date on which the circumstances giving rise to the suspension of the execution of the lawyer have ceased and, in the cases referred to in Article 9 (2) (a) or (b), the date on which the period of suspension of the execution of the lawyer has elapsed;
(b) the date on which the decision suspending the execution of the trial was annulled or amended.
(2) The termination of the suspension of the trial will be recorded by the Chamber in the list of lawyers without delay but no later than one month after it has been informed. the Chamber shall notify the lawyer in writing of the alert. ';
16. in Article 15 (2), including footnotes (4a) and (5):
"(2) Advocates who are members of the company carry out advocacy on behalf of and on behalf of the company; (4a) where the performance of the lawyer on behalf of the company does not allow specific rules on a case-by-case basis, (a) it shall be carried out in its own name and on behalf of the company. As a participant in legal relations based on the provision of legal services in the company, the company shall always act against the client as well as against third parties; such legal relations shall be governed, with the exceptions provided for by this law, by specific provisions. 5)
(4a) For example, § 35 (1) of the Criminal Code, § 24 and 25 of the Civil Code.
5) For example, the Commercial Code. '.
17. in Article 15, paragraph 3 is deleted;
Paragraphs 4 to 8 shall be renumbered paragraphs 3 to 7.
18. In Paragraph 19, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Participation in the proceedings referred to in paragraph 1 (d) shall not constitute the provision of legal services by a lawyer or persons referred to in Paragraph 2 (2)."
19. In Article 21 (4), at the end of the text, the period is replaced by a semicolon and the following is added: "the obligation of confidentiality shall not be bound by a lawyer in proceedings under Article 55, in proceedings for an action or an appeal against a decision of the Chamber (§ 55a), as well as in proceedings in cases referred to in Article 55b, to the extent necessary for the protection of his rights or his protected interests as a lawyer."
20. In Article 21 (5), the words "the identity of the client as well as' are deleted.
21. Paragraph 21 (6) reads:
"(6) The obligation of confidentiality may not be invoked by a lawyer in disciplinary proceedings and against a lawyer appointed by the Chairman of the Board of Supervisors to carry out preparatory acts to verify whether there has been a criminal offence (§ 33 (3)). '.
22nd Paragraph 21 (9) reads:
"(9) The obligation of confidentiality to the extent set out in paragraphs 1 to 8 shall apply mutatis mutandis to:
(a) employees of a lawyer or a company as well as other persons involved in the provision of legal services with a lawyer or in a company;
(b) members of the bodies of the Chamber and its staff, as well as all persons involved in disciplinary proceedings, including lawyers appointed by the Chairman of the Board of Supervisors to examine whether there has been a criminal offence (§ 33 (3)). "
23. In Article 21, the following paragraph 10 is added:
"(10) The members of the Chamber's bodies, its staff and lawyers authorised by the Chairman of the Audit Board to carry out preparatory acts to verify whether there has been a criminal offence shall not be bound by the obligation of confidentiality referred to in paragraph 9 to the extent necessary for proceedings before the courts in matters referred to in paragraph 4 of the part of the sentence after the semicolon. The members of the Chamber's bodies and its staff shall not be bound by the obligation of confidentiality to the extent necessary to inform the authority in a foreign State pursuant to § 35d. '.
24. In Paragraph 26 (2), the words "his lawyer associate or another employee 'are replaced by the words" an employee of a lawyer or a lawyer associate'.
25. Paragraph 27, including footnote 12a, reads:
(1) If he prevents a lawyer who acts alone from carrying out a lawyer, any obstacle to the conduct of a lawyer and does not take other measures to protect the rights or the rights of his clients' protected interests, he is obliged to provide for a lawyer without delay, but no later than one month after the date on which such an obstacle arose, in agreement with his representative (§ 26 (1)) and to inform the clients in writing without delay; Paragraph 29 (2) is without prejudice to this. If the lawyer infringes this obligation, the representative of the Chamber shall determine, in the circumstances of the case, the amount of compensation which the lawyer is obliged to provide to the representative.
(2) Unless the representative of a lawyer, appointed by the Chamber in accordance with the second sentence of paragraph 1, agrees with the client within one month of the date on which the client has been notified of the appointment of the representative, otherwise or if the client does not take any other action within that period, they shall be transferred to the representative in respect of the client of the rights and obligations of the represented lawyer arising from the contract for the provision of legal services, including the rights and obligations arising from the representation of the client in proceedings before the courts or other institutions and the rights and obligations of the lawyer in criminal proceedings. This also applies where the relationship between the client and the lawyer has been established by designation pursuant to Paragraph 18 (2) or provisions under specific legislation. The Chamber shall certify this transition of rights and obligations at the request of the representative.
(3) The transfer of rights and obligations referred to in paragraph 2 shall not entail the obligation of the represented lawyer to make good the damage (Paragraph 24 (1)), as well as the obligation to return the cases, including the funds provided by the client. A representative shall also not be transferred to other obligations and rights arising from the initial contractual relationship between the lawyer and the client if, as a result of their transfer to that lawyer, the representative would be unreasonably favoured or disadvantaged or if the performance of those obligations could not be reasonably demanded of the representative.
(4) Where a lawyer who has been acting alone has been removed from the list of lawyers and, in the light of the circumstances of the case, the Chamber shall take appropriate measures to protect the rights and the rights of the protected interests of its clients, in particular may appoint another lawyer to replace the lawyer removed; The Chamber shall immediately inform the clients in writing of the measures taken. The provisions of paragraphs 2 and 3 governing the transfer of rights and obligations between the represented lawyer and his representative shall apply mutatis mutandis to the transfer of rights between the lawyer removed from the list of lawyers and his successor.
(5) If a lawyer who has been acting alone has died, the court, acting under the special rule of law 12a), shall, on a proposal from the Chamber, appoint the successor of the deceased lawyer, if he agrees to the provision, to the administrator of the part of the inheritance used by the deceased lawyer to execute the lawyer.
12a) § 175e of the Civil Code. '.
26. in Paragraph 28 (1):
"(1) The lawyer or barrister shall, in the interests of the honour and seriousness of the legal situation, be required to use the conciliation procedure before the authorities of the Chamber before bringing legal proceedings or other proceedings in connection with the conduct of the lawyer; This shall not apply if at least one of the parties to the dispute is a third party. ';
Article 27 (30) reads:
(1) The lawyer is obliged to pay contributions to the Chamber's activities and contributions to the Chamber's Social Fund, or to make any additional payments foreseen by the Law [Paragraph 43 (c)].
(2) The obligations due under the obligations referred to in paragraph 1 shall not cease to be withdrawn from the list of lawyers; This shall not apply if it is for the reasons set out in Article 7b (1) (a) to (c). ';
28. The title of Title Four is: "Accountancy and disciplinary proceedings."
29. Paragraph 32, including footnote 13, reads as follows:
(1) The lawyer and the barrister are responsible to the court for the criminal offence.
(2) A criminal offence is a serious or reaccused breach of obligations imposed on a lawyer or an associate of a lawyer by this law or by the State Code.
(3) One of the following measures may be imposed on the lawyer for disciplinary action:
(a) an admonition;
(b) a public warning,
(c) fine up to 100 times the minimum monthly wage laid down by special legislation, 13)
(d) a temporary prohibition on the execution of a lawyer imposed for a period of six months to three years;
(e) removal from the list of lawyers.
(4) One of the following disciplinary measures may be imposed on an attorney-at-law for disciplinary action:
(a) an admonition;
(b) a public warning,
(c) fine up to 20 times the minimum monthly wage laid down by special legislation, 13)
(d) removal from the list of legal associates.
(5) In the case of a minor breach of obligations, the imposition of a disciplinary measure may be waived to the lawyer or barrister if the conduct of disciplinary action alone can be considered sufficient.
(6) The proceeds of the fines are the Chamber.
13) Government Decree No. 303 / 1995 Coll., on minimum wage, as amended. '
30.
(1) Whether a lawyer or an associate of lawyers has committed a criminal offence and the imposition of a disciplinary action is decided by a disciplinary action initiated following a disciplinary action brought by the plaintiff (Sections 46 (3) and 51 (2)) by a three-member disciplinary committee composed of members of the panel's disciplinary action. The parties to the disciplinary proceedings shall be the plaintiff and the lawyer or barrister against whom the disciplinary proceedings are opened (hereinafter referred to as "the accused").
(2) A disciplinary action must be brought within six months of the date on which the plaintiff became aware of the criminal offence, but no later than two years after the criminal offence occurred. Within a six-month period, no account shall be taken of the time during which preparatory actions have been carried out to verify whether a criminal offence has occurred; that period shall not exceed two months.
(3) Where the President of the Audit Board is to act as a disciplinary prosecutor in a disciplinary procedure, he shall be entitled, in agreement with him, to entrust another lawyer to carry out the preparatory tasks necessary to verify whether there has been a criminal offence; the lawyer so authorised has, in respect of the documents and other documents of the lawyers, the authority of the member of the Board of Supervisors in accordance with Paragraph 46 (4) of the part of the sentence behind the semicolon.
(4) The defendant may be represented by a lawyer in disciplinary proceedings. The disciplinary committee shall appoint a guardian to protect his interests, particularly if he has been affected by a mental disorder or illness which prevents him from defending himself properly. A chairperson shall be appointed by the Board of Appeal of another lawyer in agreement with him.
(5) The accused person shall have the right to express his views on all the facts which he is accused of; has the right to defend and to propose evidence that should be carried out.
(6) In disciplinary proceedings, witnesses, experts or participants may be questioned only if they voluntarily appear and give notice. Other evidence can only be provided on a voluntary basis. The evidence which cannot be carried out in this way shall be carried out by a court at the request of the Chamber and at its expense; the court is obliged to comply with the order, unless proof is made in accordance with an inadmissible law. The Court of First Instance shall take all the decisions necessary for the application of the required proof. '
31. the following Section 33a is inserted after Section 33, including footnote 13a:
(1) The costs of disciplinary action incurred in the disciplinary proceedings shall be borne by the party. The Chamber shall bear the costs associated with the activities of the Board of Appeal and the Board of Appeal, the costs of the interpreter and the costs of carrying out the evidence.
(2) If, in a decision ending the disciplinary proceedings, the Board of Appeal has stated that the accused has committed a criminal offence, it shall at the same time undertake, in the decision of the defendant, to pay the costs of the disciplinary proceedings borne by the Chamber in accordance with paragraph 1, a lump sum set at an appropriate level by the State regulations.
(3) The Chamber will compensate the witness for the expenses and earnings he has clearly missed. Entitlement shall be applied to the Chamber within three days of the hearing, otherwise it shall cease; The witness must be advised of that.
(4) The reimbursement of final expenses and the provision of remuneration to experts and interpreters is governed by specific legislation. 13a)
13a) Act No. 36 / 1967 Coll., on Experts and Interpreters. Decree No. 37 / 1967 Coll., implementing the Law on Experts and Interpreters, as amended. '
32.
(1) The facts and the law at the time when the criminal offence occurred are decisive for the decision in the disciplinary proceedings; the later rules shall apply where this is more favourable to the accused.
(2) The original of the decision terminating the disciplinary procedure must contain a statement of reasons and a statement of appeal and must be served on the parties. in the case referred to in Article 33a (2), the written copy of the decision and the operative part imposing an obligation to pay the costs of the disciplinary procedure.
(3) The decision which terminates the disciplinary proceedings and which cannot be appealed against is in legal force and enforceable, not in the case referred to in paragraph 4. The other decisions shall assume legal power by declaring them; Unless prescribed by the Code of Conduct, decisions of the legal authority shall be taken by their adoption.
(4) If a fine has been imposed as a punitive measure, it should be paid within 15 days of the legal authority of the decision, unless the decision provides for a longer period or the decision that the fine should be paid in instalments. The decision imposing this punitive measure shall be enforceable as soon as the time limit for performance has expired.
(5) Paragraph 4 shall apply mutatis mutandis to decisions imposing an obligation to pay costs. ';
33.Paragraph 35 (1) reads as follows:
"(1) A party to the disciplinary proceedings may, within 15 days of service of his written copy of the appeal, oppose the decision of the Board of Appeal in a disciplinary procedure terminating the proceedings before the Board of Appeal; the appeal has suspensory effect. ';
34. after Paragraph 35, the following Sections 35a to 35e are inserted:
(1) The decision to impose a disciplinary measure on the reminder, removal from the list of lawyers or removal from the list of lawyers shall be enforced on the date on which it became legally competent.
(2) The decision to impose a disciplinary measure on public admonition will be taken by the President of the Chamber by publication in the Bulletin of the Czech Bar Association ("Bulletin"); is executed on the date indicated in the heading of the corresponding amount of the Bulletin as the date of its circulation. A decision may not be taken if a period of six months has elapsed since it became enforceable.
(3) The decision imposing a disciplinary measure on the temporary prohibition of the exercise of a lawyer shall be enforced on the date on which the period of prohibition referred to in the decision expired. That period shall run from the date on which the decision becomes enforceable; If the enforceability of the decision has been postponed, its operation shall be suspended.
(4) The decision to impose a disciplinary measure shall be taken on the date of payment of the fine to the Chamber at the level laid down in the decision; where the fine is to be paid in instalments, the decision shall be made on the date of payment of the last instalment. If the fine is not paid within the time limit laid down in this law or within the time limit laid down in the decision, enforcement of the decision imposing a disciplinary measure shall be carried out by the court on a proposal from the Chamber in accordance with specific legislation. 14) If the fine is to be paid in instalments, the Chamber shall be entitled to apply for enforcement even if one of the instalments has not been paid in due time; the enforcement of the decision concerns the whole amount of the fine not yet paid. However, this authorisation may be used by the Chamber no later than the due date closest to the next instalment.
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Regulation Information
| Citation | Act No. 210 / 1999 Coll., amending Act No. 85 / 1996 Coll., on Advocacy, and Act No. 140 / 1961 Coll., Criminal Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.09.1999 |
|---|---|
| Effective from | 05.10.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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