Decree of the Ministry of Justice No. 244 / 1996 Coll.
Decree of the Ministry of Justice, which, according to Act No. 85 / 1996 Coll., on advocacy, provides for a disciplinary order (Law Order)
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Effective from 10.09.1996
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244
DECLARATION
Ministry of Justice
of 20 August 1996
laying down, pursuant to Act No. 85 / 1996 Coll., on Advocacy, the rules on disciplinary action (the law on disciplinary action)
The Ministry of Justice provides, after a statement by the Czech Bar Association pursuant to § 51 paragraph 1 of Act No. 85 / 1996 Coll., on the Advocate's Office (hereinafter referred to as "the Act"):
PARTICIPANTS OF THE CIVIL PROCEDURE AND THE CIVIL AUTHORITIES
The parties to the disciplinary proceedings
The parties to the disciplinary proceedings shall be the plaintiff and the lawyer or barrister against whom the disciplinary proceedings have been opened (hereinafter referred to as "the accused").
Senate
(1) The Chairman of the Tender Commission of the Czech Bar Association (hereinafter referred to as "Chairman of the Tender Commission") shall, without delay after the opening of the Tender Procedure (Section 7 (1)), appoint the Tender Chamber in writing pursuant to Paragraph 33 (1) of the Act and appoint its President.
(2) The function of a member of the Senate shall cease to exist
(a) the date of removal from the list of lawyers;
(b) on the date of suspension;
(c) the date on which the member of the Board of Appeal ceased to be a member of the panel;
(d) the date on which a member of the Board of Appeal was excluded from hearing and deciding the case;
(e) on the date of withdrawal from office of a member or, where appropriate, the chairperson of the Board of Appeal.
(3) If the function of one of the members of the disciplinary senate is lost, the chairperson of the disciplinary committee shall appoint a new member in writing without delay and, where appropriate, designate a new chairperson of the panel. The evidence thus far shall only be re-established if proposed by one of the parties to the disciplinary proceedings.
(1) A member of the Board of Appeal shall be excluded from the hearing and decision-making, where there may be reasonable doubt as to his or her opposition to the present case, to the parties to the disciplinary proceedings or to their representatives. As soon as a member of the Board of Appeal becomes aware of the facts for which he is excluded, he shall notify the Chairman of the Board of Appeal without delay; until the decision of the chairperson of the disciplinary panel referred to in paragraph 2, he may take only acts which are not subject to a delay.
(2) The chairperson of the chairperson shall decide on the exclusion of a member of the chairperson on the grounds referred to in paragraph 1 without delay on the objection of the chairperson or on the initiative of the chairperson.
(3) The party to the disciplinary proceedings shall apply the objection referred to in paragraph 2 no later than 15 days from the date on which the communication of the composition of the panel was received (§ 8); if the participant did not at that time know of the reason for the exclusion or if that reason arose later, it may object within 15 days of the date on which it became aware. Any objection made at a later date shall not be taken into account.
(4) The objection of the party to the disciplinary proceedings shall be lodged with the President of the panel by a document addressed to the seat of the Czech Bar Chamber ("Chamber").
(5) The objection shall state against which member of the Board of Appeal is directed, in which case the reason for the doubt about his unbiased nature is seen, or where the opposing party has become aware of it; the proposed evidence must be attached.
If a member of the Board of Appeal requests an appeal in writing from a member of the Board of Appeal, the President of the Board of Appeal shall remove him from office if the reasons for the request are particularly reasonable.
Appeal Board
(1) The President of the Board of Appeal shall, without delay after being referred to him by the Board of Appeal [Paragraph 26 (2) (b)], appoint in writing the Board of Appeal (the Board of Appeal) and appoint its Chairman.
(2) Paragraphs 2 (2) and (3), 3, 4, 8 and 13 (3) apply mutatis mutandis to the Board of Appeal and to its members:
(a) the function of a member of the Board of Appeal pursuant to Article 2 (2) (c) shall cease on the date on which he ceased to be a member of the Board of Appeal;
(b) the decisions referred to in Articles 2 (3), 3 (2) and 4 shall be the responsibility of the President of the Board of Appeal;
(c) a member of the Board of Appeal who has participated in the hearing and decision-making as a member of the Board of Appeal shall also be excluded;
(d) the determination of the place of action of the Board of Appeal pursuant to Paragraph 13 (3) shall be the responsibility of the President of the Board of Appeal;
(e) the names of the members of the Board of Appeal, together with an instruction on the right to object to bias pursuant to Article 8, shall be communicated to the parties to the disciplinary proceedings by the Chairman of the Board of Appeal immediately after the provisions of the Board of Appeal referred to in paragraph 1.
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(1) A disciplinary action shall be brought before the President of the Tackling Board by submissions addressed to the Chamber of Commerce; the disciplinary action shall be initiated on the day on which the disciplinary action against the Chamber was served.
(2) The action must be brought in writing and must contain, in particular, a description of the action in which disciplinary action, justification and application for evidence to be carried out in disciplinary proceedings is seen. in the statement of reasons for the action for disciplinary action, the legal obligation to which the infringement is alleged by the applicant must be stated. If the disciplinary action does not contain such elements, the President of the disciplinary committee shall invite the plaintiff to remove the defects of the application not later than 15 days after the date on which such notice was received.
(3) The President of the Tackling Commission shall deliver the action without delay in the manner set out in Section 55e of the Act to the accused (hereinafter referred to as "the accused").
At the same time as sending the disciplinary action to the defendant, the President of the panel shall inform the parties of the disciplinary action of the names of the members of the Board of Appeal, with instructions on the right to object to bias (§ 3 (2) to (5)). The President of the Commission shall also invite the defendant to submit his observations in writing on the action in writing within 15 days of the date on which the action was served; the statement shall be submitted to the President of the Tender's Board by submissions addressed to the Chamber.
The chairperson of the panel shall forward the file to the chairperson of the Board of Appeal without delay after:
(a) the period of time granted to the plaintiff has expired in vain in order to remedy the defects of the action (Paragraph 7 (2));
(b) he has received observations on the disciplinary action pursuant to Article 8, but no later than three weeks after having heard of the service of the disciplinary action to the defendant.
If a disciplinary action has been brought in respect of the same act by both plaintiffs, the disciplinary action initiated following the action shall be terminated at a later date.
(1) A disciplinary action may be withdrawn by the plaintiff until the Board of Appeal or, in appeal proceedings, the Board of Appeal has taken up its deliberations; after the proceedings of the Board of Appeal have been opened, it may do so only with the consent of the defendant.
(2) If a disciplinary action has been withdrawn pursuant to paragraph 1, the disciplinary action shall be terminated.
TERMINATION AND VERIFICATION OF THE CIVIL PROCEDURE
(1) The Chairmanship Board shall suspend:
(a) for the reasons set out in Article 9 or Article 10;
(b) if the disciplinary action has been brought belatedly;
(c) if the plaintiff has not removed the defects of the action within the time limit laid down in Article 7 (2) and the disciplinary action cannot be continued because of this deficiency;
(d) if the accused person has been removed from the list of lawyers or associates of lawyers; This does not apply in the event of an exclusion pursuant to § 7b (1) (g), § 8 (1) (d) and § 37 (4) (b) of the Act;
(e) if the teller is accused of an action which is the subject of a punitive action has been affected in another proceedings, if such a penalty may be considered sufficient for the purpose of the punitive action;
(f) where the action referred to in Article 62 (2) of the Act is the subject of a disciplinary action and the action has been brought by the Minister of Justice;
(g) after the expiry of the period provided for in Article 12 (1) (a) and (b).
(2) The Board of Appeal may suspend disciplinary action if the disciplinary action which the disciplinary action may lead to is entirely without meaning to the disciplinary action which may be imposed on the accused by another disciplinary action which is already being taken against the accused.
(3) The decisions referred to in paragraphs 1 and 2 may be taken without action.
(1) The Board of Appeal shall stay the disciplinary proceedings,
(a) if the accused has been removed from the list of lawyers referred to in Article 7b (1) (g) or Article 8 (1) (d) of the law, but for a maximum period of five years, or
(b) if the accused person has been removed from the list of lawyers under Section 37 (4) (b) of the Act, for a maximum period of three years.
(2) The Board of Appeal may suspend disciplinary action if, in respect of an action which is the subject of a disciplinary action, it has been brought against the defendant before another body, pending a final decision by that body.
(3) Decisions of the Board of Appeal pursuant to paragraphs 1 and 2 may be taken without action; The President of the Board of Appeal shall, without delay, inform the defendant of the interruption of the proceedings and, in the cases referred to in paragraph 2, the defendant of the case.
PROCEEDINGS BEFORE THE CARRIAGE
Negotiations
(1) If the Board of Appeal does not decide to suspend or suspend the disciplinary proceedings, the President of the Board of Appeal shall, in agreement with the other members of the Board of Appeal, order the hearing to be held for consideration, as a general rule not later than three months from the date on which it received the disciplinary file from the chairman of the panel. The President of the Board of Appeal shall call upon the parties to the disciplinary proceedings, their representatives and other persons whose presence is required at the hearing.
(2) The Chairman of the Board of Appeal shall prepare the hearing in such a way as to enable the matter to be decided, as a rule, in a single hearing.
(3) Negotiations shall be held as designated by the Chairman of the Board of Appeal at the Chamber's headquarters in Prague or at the Chamber's branch in Brno.
(4) The summons must be served on the parties to the disciplinary proceedings and their representatives at least five working days before the date on which the hearing is to take place.
(1) The hearing shall be held in the presence of all members of the Board of Appeal.
(2) The hearing shall be private; Paragraph 18 (3) is without prejudice to this.
(1) The President of the Board of Appeal shall direct the proceedings.
(2) The President of the Board of Appeal shall take the appropriate measures to ensure that the proceedings are conducted in a manner that is fair and fair, and that they are conducted in a dignified and undisturbed manner; The President of the Chamber shall decide on any matter relating to the conduct of disciplinary proceedings before the Board of Appeal which is not entrusted by law or by this Order to the Board of Appeal or to another body of the Chamber.
(3) The objection of those who do not agree with the measure or decision of the President of the Chamber which he has taken in the hearing pursuant to paragraph 2 shall be decided by the Board of Appeal.
(1) The first hearing shall not be held in the absence of a disciplinary prosecutor.
(2) If the defendant has not been duly brought to the hearing or has not requested a continuance in accordance with paragraph 3, the Board may act in its absence.
(3) If there is an obstacle for which negotiations cannot be conducted or continued, the President of the Board of Appeal shall decide to postpone the hearing. The Chairman of the Board of Appeal may also decide to postpone the hearing on the basis of a duly substantiated request from the defendant, provided that he receives it at the latest by the beginning of the hearing, provided that the defendant's court has experienced unforeseen and uncaused obstacles to the case.
(1) Evidence in disciplinary proceedings before the Board of Appeal may be carried out under the conditions laid down in Section 33 (6) of the Act.
(2) Witnesses and persons who have been asked to produce or produce evidence must be instructed not to do so in disciplinary proceedings before the Board of Appeal; If they do so, they shall be informed of the importance of the testimony for the proper identification of the facts.
(3) In a disciplinary procedure against a barrister, the President of the Board of Appeal shall request written observations on the progress of his work. The President of the Board of Appeal shall inform the lawyer of the hearing and allow him to participate.
(1) The President of the Board of Appeal shall open the hearing; then give the word to the plaintiff to read the action. After reading the disciplinary action, the President of the Board of Appeal shall allow the accused to comment on the disciplinary action. If the defendant is not present, he shall read his written observations on the action, if submitted.
(2) At the end of the taking of evidence, the President of the Board of Appeal shall give the parties to the disciplinary proceedings the floor to the final statement. First, the plaintiff speaks, and then a representative to the accused; The accused is speaking to the accused. If there is more than one accused person, the order of the closing statements shall be determined by the President of the Board of Appeal and their representatives.
(1) The Chairman of the Board of Appeal shall convene a meeting of the Board of Appeal to take a decision, as a rule, immediately after the end of the closing arguments.
(2) The decision of the Board of Appeal shall be taken by vote.
(1) A report shall be drawn up on the conduct of the negotiations; the chairperson of the Board of Appeal shall designate a minutes officer to draw up the minutes, who may be members of the Board of Appeal.
(2) In particular, the report shall indicate the case under consideration, indicate the persons present, describe the course of the evidence and indicate the content of the submissions and the operative part of the decision.
(3) The Protocol is signed by the President of the Board of Appeal and by the Registrar; the voting protocol shall be signed by all members of the Chamber and the recorder.
Decision of the Board of Appeal
If the disciplinary senate does not stop the disciplinary proceedings or if it does not interrupt the disciplinary proceedings for the reasons set out in paragraph 12 (2), the disciplinary senate shall either exonerate the disciplinary action against the accused or declare that the accused person has committed disciplinary action and impose a disciplinary action on him, unless the case referred to in paragraph 32 (5) of the Act is the case.
The Board of Appeal shall acquit the accused of the action:
(a) it has not been established that the action for which the action for disciplinary action has been brought has taken place;
(b) it has not been established that the action for which the action has been brought has been committed against the accused;
(c) unless the action for which the action has been brought is a criminal offence.
(1) The Board of Charges shall state that the accused has committed a disciplinary offence if it has been established that an action has been carried out for which a disciplinary action has been brought, that this act is a criminal offence and that it has been committed by the accused.
(2) In deciding to abandon the imposition of a disciplinary measure pursuant to Article 32 (5) of the Act and in imposing a disciplinary measure, the Board shall take account, in particular, of the nature of the action and its consequences, of the circumstances in which it was committed, of the person accused of the action and of the degree of fault and of his personal circumstances.
The decision shall be delivered by the President of the Board of Appeal immediately after the meeting referred to in paragraph 20, giving the essential reasons for the decision and informing the parties of the appeal proceedings.
APPEALS AND PROCEDURE
Appeals
(1) The appeal against the decision of the Board of Appeal shall be lodged with the President of the Board of Appeal by a document addressed to the Chamber's seat.
(2) The Chairman of the Board of Appeal without delay after the appeal has been served,
(a) send a copy or a copy of the appeal to the other parties to the disciplinary proceedings. At the same time, they shall be invited to make their views known in writing within two weeks at the latest and to submit such observations to the President of the Board of Appeal;
(b) submit the appeal together with the disciplinary file to the Chairman of the appeal panel.
Proceedings before the Board of Appeal
(1) The Chairman of the Board of Appeal shall order an appeal hearing only if it is necessary for the proper examination of the case.
(2) Paragraph 13 to 21 shall apply mutatis mutandis to proceedings before the Board of Appeal; evidence shall normally not be carried out.
The Board of Appeal shall examine the operative part of the appeal by appeal of the contested decision and the veracity of the disciplinary action before that decision; take account of defects which are not appealed against where they may have resulted in an incorrect decision in the case.
(1) The Board of Appeal shall revoke the contested decision and terminate the disciplinary action if the grounds set out in Article 11 so require.
(2) Where the Board of Appeal is pending a hearing before the Board of Appeal, or where no hearing is ordered in the appeal proceedings until the date preceding the date on which the Board of Appeal is to discuss the appeal, to withdraw the appeal, the Board of Appeal shall suspend the appeal proceedings; This does not apply if the appeal against the same statement was made by another party to the disciplinary proceedings and the appeal was withdrawn only by one of them.
Where, by appeal of the contested decision, the contested decision is based on a well established facts, or where, after completion of the taking of evidence in proceedings before the Board of Appeal, the facts are established in such a way that a decision may be taken, the Board of Appeal shall, by appeal of the contested decision, revoke the contested decision and decide on the substance of the case if:
(a) by appeal of the contested decision, it was stated that the accused has committed a criminal offence against the accused, although the conditions set out in Article 24 (1) have not been fulfilled;
(b) by appeal of the contested decision, a punitive measure has been imposed which, in view of the considerations set out in Article 24 (2), is excessively strict.
The Board of Appeal shall, by appeal of the contested decision, dismiss the case and refer the case back to the Board of Appeal for further proceedings and decisions if:
(a) the disciplinary senate has stopped the disciplinary proceedings, although the reasons set out in Article 11 have not been given;
(b) the Board of Appeal acquitted the defendant of the action, although the conditions set out in Paragraph 23 were not fulfilled;
(c) the punitive measure imposed is disproportionate in the light of the considerations set out in Article 24 (2) or has been waived from the imposition of the punitive measure, although the conditions for such a procedure set out in Article 32 (5) of the Law are not fulfilled;
(d) the appeal of the contested decision is based on an incorrect finding of facts;
(e) there are serious defects in disciplinary proceedings before the Board; such defects must be regarded in particular as being in breach of the provisions of the law or of the rules of law which are designed to ensure a proper assessment of the case, or of the rights of the accused, referred to in Article 33 (5) of the law.
The Board of Appeal shall reject the appeal and confirm the decision if:
(a) the appeal has been filed late;
(b) the appeal has been lodged by a person who is not entitled to appeal, or by a person who has expressly waived the right of appeal, or by a person who has relodged the appeal, even though he has withdrawn his previous appeal;
(c) there is no reason to proceed under § 30 or § 31;
(d) the grounds for the annulment of the contested decision referred to in Article 31 (a) and (b) are given, but the appeal was lodged only to the defendant;
(e) there is a reason for the annulment of the contested decision referred to in Article 31 (1). (c) that the punitive measure imposed is disproportionately modest in the light of the considerations set out in Article 24 (2), or that the imposition of the punitive measure has been waived, although the conditions for such a procedure set out in Article 32 (5) of the Law are not met, but the appeal has been lodged only to the defendant.
Proceedings before the Board of Appeal after annulment of the decision
(1) If the decision of the Board of Appeal has been annulled by the Board of Appeal pursuant to Paragraph 31, the Board of Appeal shall be bound in the new procedure by the Board of Appeal's legal opinion.
(2) Where the decision of the Board of Appeal has been annulled by the Board of Appeal on the grounds referred to in Article 31 (c), (d) or (e), following an appeal lodged only to the defendant, the decision may not be amended in a new case before the Board of Appeal to the contrary.
RECURRENCE OF THE CIVIL PROCEDURE
(1) The application for the renewal of the disciplinary procedure shall be submitted to the President of the disciplinary panel by a document addressed to the Chamber of Commerce. The application must be made in writing and must contain a description of the facts or evidence to justify the resumption of disciplinary proceedings (Section 35c (2) of the Act); Article 7 (2), second sentence, and Article 10 shall apply mutatis mutandis.
(2) The chairperson of the panel shall send a motion for reopening the disciplinary proceedings to the other parties to the original disciplinary proceedings for comments; Paragraph 8 shall apply mutatis mutandis.
(1) The Board of Appeal shall appoint the chairperson of the panel to discuss the application for the renewal of disciplinary proceedings; It is appropriate to do so in accordance with Sections 2 to 4.
(2) The Board of Appeal shall examine the proposal for the renewal of the disciplinary procedure in accordance with Part Three and Part Four accordingly; the negotiations need not be ordered.
(1) When the Board of Appeal provides for an appeal against a decision on an application for the renewal of disciplinary proceedings, the President of the Board of Appeal shall, in accordance with Article 5, proceed mutatis mutandis.
(2) The Board of Appeal shall, in the appeal proceedings against the decision on the application for the renewal of disciplinary proceedings, proceed mutatis mutandis in accordance with Part Five.
(1) As soon as the decision to authorise the renewal of disciplinary proceedings becomes final, the Board of Appeal, established under Paragraph 35c (4) of the Act, shall renegotiate the case; take into account everything that has emerged both in the original disciplinary procedure and in the application for the renewal of the disciplinary procedure.
(2) If a decision has been taken in a final decision to grant the renewal of the disciplinary proceedings on the sole application of the defendant's kart, the new disciplinary action may not be imposed on him in the new disciplinary proceedings if the original disciplinary action has been waived from its imposition, nor may it be imposed on him more stringent disciplinary action than that imposed by the original decision.
COMMON PROVISIONS ON DECISIONS IN THE CORRECT PROCEDURE
(1) The decision terminating the proceedings before the Board of Appeal or the Board of Appeal, adopted at the hearing by the President of the Board of Appeal or the Chairman of the Board of Appeal, must be published in the manner set out in Section 25.
(2) The measures taken by the Chairman of the Board of Appeal or the Chairman of the Board of Appeal pursuant to Paragraph 15 (2) and by the Board of Appeal or the Board of Appeal pursuant to Article 15 (3) shall be published by the President of the Board of Appeal.
(3) If a decision has been taken without a hearing, the operative part of the decision shall be recorded in writing; Paragraph 21 (2) and (3) shall apply mutatis mutandis.
(1) A written copy of the decision terminating the proceedings before the Board of Appeal or before the Board of Appeal must be served on its own parties; the parties to the original disciplinary proceedings must be so served by a written decision of the Board of Appeal on the application for the renewal of the disciplinary proceedings and a written copy of the decision of the Board of Appeal on the appeal against such a decision of the Board of Appeal. The lawyer or the barrister shall be served in the manner set out in Section 55e of the Act.
(2) The decision referred to in paragraph 1 taken by the Board of Appeal must contain an opinion, a statement of reasons and a statement of appeal under Article 35 (1) of the Act or Article 35c (4) of the Act.
(3) The decision referred to in paragraph 1 adopted by the Board of Appeal must contain an opinion, a statement of reasons and a statement of the possibility of its review in the administrative judiciary. 1)
PROVISIONS COMMON, TRANSITIONAL AND FINAL
(1) The action in the disciplinary procedure and in the procedure for authorising the renewal of the disciplinary procedure outside the hearing shall be taken by the President of the disciplinary committee and by the President of the Board of Appeal in the appeal proceedings; The President of the Chamber may entrust such acts to another member of the Chamber. An alert shall be issued for the execution of an operation.
(2) The appointment of a lawyer by carrying out the preparatory acts necessary to verify whether a criminal offence has been committed pursuant to Article 33 (3) of the Act must be made in writing and must be made clear to the parties concerned.
Tender file
(1) The chairman of the disciplinary committee will set up a disciplinary file after he has run out of disciplinary action. The President of the Board of Appeal and the President of the Board of Appeal shall be responsible for keeping the disciplinary file.
(2) The disciplinary file shall include, in particular, disciplinary action, written observations, hearing protocol, appeals, records as well as other documents and other evidence which have been submitted or obtained by the parties to the disciplinary proceedings during the disciplinary proceedings or in accordance with the law and the rules of this disciplinary action by the disciplinary authorities.
(3) They shall be entitled to consult and make extracts of the disciplinary file by the parties and their representatives; for important reasons, other persons may also do so with the agreement of the Chairman of the Commission on the matter. An alert shall be made on the inspection of the disciplinary file as part of it.
(4) The Chamber shall deposit the disciplinary file for a period of 80 years from the date on which the decision by which the disciplinary procedure ended became final.
(5) At the end of the period referred to in paragraph 4, the Chamber shall proceed in accordance with the Specific Regulation.2)
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 244 / 1996 Coll., which, pursuant to Act No. 85 / 1996 Coll., on the Law of the Attorney General, provides for a disciplinary order (Law Order) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.1996 |
|---|---|
| Effective from | 10.09.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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