Decree No. 258 / 2024 Coll.
Decree amending Decree No. 177 / 1996 Coll., on the remuneration of lawyers and compensation of lawyers for the provision of legal services, as amended
Valid
Order
Effective from 01.01.2025
Text versions:
01.01.2025
10.09.2024
258
DECLARATION
of 21 August 2024
amending Decree No. 177 / 1996 of the Ministry of Justice Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (legal tariff), as amended
The Ministry of Justice provides, pursuant to § 22 (3) of Act No. 85 / 1996 Coll., on Advocate General, as amended by Act No. 79 / 2006 Coll.:
Decree No. 177 / 1996 Coll., on the Remuneration of Lawyers and Reimbursement of Lawyers for the Provision of Legal Services (Law Tariff), as amended by Decree No. 235 / 1997 Coll., Decree No. 484 / 2000 Coll., Decree No. 68 / 2003 Coll., Decree No. 618 / 2004 Coll., Decree No. 276 / 2006 Coll., Decree No. 399 / 2010 Coll., Decree No. 43 / 2012 Coll., Decree No. 486 / 2012 Coll., found by the Constitutional Court, issued under No. 302 / 2019 Coll., Decree No. 390 / 2013 Coll., Decree No. 120 / 2014 Coll., Decree No. 121 / 2018 Coll., found by the Constitutional Court, issued under No. 302 / 2019 Coll., Act of the Constitutional Court, Act No. 28 / 2020 Coll.
1. In Paragraph 6 (2), the amount "CZK 1000 'is replaced by" CZK 10,000'.
2. In § 6 paragraphs 3 and 4, the amount "30 CZK" is replaced by "70 CZK."
3. In Paragraph 9 (1), the amount "10 000 CZK 'is replaced by" 30 000 CZK'.
4. In Article 9 (2), the words "claims of natural persons in the fields of social security, pension, sickness and general health insurance 'are replaced by the words" maintenance of adult children' and the amount "CZK 5,000 'is replaced by" CZK 10,000'.
5. In Paragraph 9 (3) of the Introductory Part of the provision, the amount "CZK 35,000 'is replaced by" CZK 65 000'.
6. In Article 9, at the end of paragraph 3, the dot is replaced by a comma and the following point (f) is added:
"(f) resulting from the application of rights and obligations under legislation on protection against unfair competition, without proposal for adequate satisfaction."
7. Paragraph 9 (4) reads as follows:
"(4) The amount of CZK 113 000 is considered as a tariff value in matters
(a) determining whether there is a legal relationship or a law, determining the invalidity of a legal act, whether it is invaluable in determining the right to a matter by money or whether it is for the purpose of determining the invalidity of an act the object of which is invaluable in respect of money, whether it is for a commercial establishment, immovable property or an industrial or other intellectual property right;
(b) decision-making in proceedings concerning trust funds, companies, cooperatives and other legal persons, as well as matters relating to insolvency or similar proceedings. ";
8. In Article 9, paragraphs 5 to 7 are added:
"(5) The amount of CZK 88 000 is considered to be a tariff value in the cases of actions, appeals and other legal cases under the Administrative Rules, with the exception of cases under Section 10b (5), and in cases under Part Five of the Civil Code.
(6) The amount of CZK 128 000 is regarded as a tariff value in the case of constitutional complaints, except for the cases referred to in paragraph 2. However, if it is a custody case, the custody of a minor or an adoption court, the amount of CZK 30 000 is regarded as a tariff value in matters of constitutional complaints.
(7) In the performance of the duties of a designated guardian in matters of support measures, incapacity, disappearance and death, the admission to intervene in integrity, the admissibility of taking over or holding in a health institution and the abolition and liquidation of a legal person shall be regarded as a tariff value of CZK 5,000. "
9. the following Section 9a is inserted after Section 9:
(1) The amount of the cash performance or the price of the case or of the law, but not more than CZK 500,000, is considered to be a tariff value in the cases
(a) personal rights, protection against the disclosure of information which is an abuse of freedom of expression, of words and of the press under the legislation on mass information, and in matters arising from the application of rights and obligations under the legislation on the protection of personal data, with a proposal to compensate for non-property damage;
(b) resulting from the application of rights and obligations under the legislation on the protection of industrial and other intellectual property, with the exception of cases referred to in paragraph 3,
(c) in accordance with legislation on the protection against unfair competition with a proposal for adequate satisfaction, with the exception of cases referred to in paragraph 3;
(d) determining whether there is a legal relationship or a law, determining the invalidity of a legal act, if it is a commercial establishment, a immovable property, or a right of industrial or other intellectual property, if the value of the case or right is to be expressed in cash.
(2) In cases arising from the exercise of rights and obligations under the law on liability for damage caused in the exercise of public authority by a decision or by maladministration, with a proposal to grant reasonable satisfaction as a result of non-property damage, the tariff value shall be deemed to be:
(a) the compensation awarded above, but not more than CZK 500 000, if the compensation for non-property damage in cash was granted,
b) amount of CZK 30,000 in other cases.
(3) In cases resulting from the application of rights and obligations under the legislation on the protection of industrial and other intellectual property with a proposal to compensate for non-property damage and under the legislation on the protection against unfair competition with a proposal for adequate satisfaction, in relation to matters relating to relations between entrepreneurs arising from business activities, the tariff value of the amount of the cash performance or the price of the case or of the law shall be considered to be. ';
10. Paragraph 10 (1) is deleted.
Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
11. In Paragraph 10 (1), the amount "500 CZK" is replaced by "1000 CZK."
12. In Article 10 (2) of the introductory part of the provision, the words "paragraph 2 'are replaced by the words" paragraph 1' and the word "amount 'is inserted after the word" value'.
13. in § 10 (2) (a), the words "amount of CZK 5,000" are replaced by the words "10 000 CZK."
14. in Paragraph 10 (2) (b), "the amount of CZK 10,000" is replaced by "CZK 40,000";
15. In Paragraph 10 (2) (c), the words "amount of CZK 30 000" are replaced by the words "CZK 75 000";
16. in Paragraph 10 (2) (d), the words "amount of CZK 50 000" are replaced by the words "CZK 113 000";
17. Paragraph 10 (4) reads:
"(4) In the performance of the duties of guardian appointed by the defendant pursuant to Paragraph 34 (2) of the Criminal Code or charged to a legal person pursuant to Article 34 (5) of the Law on the Criminal Liability of and Proceedings against Legal Persons, the amounts referred to in paragraph 2 shall be regarded as the tariff value. ';
18. In Section 10, paragraphs 5 and 6 are added:
"(5) The amounts referred to in paragraph 2 shall be considered a tariff value when representing the injured party in criminal proceedings. In the case of an act of legal service which is necessary to claim compensation or non-property damage in cash or to issue unjustified enrichment, the amount of the amount of money awarded shall be considered to be the amount of the amount of the amount of money, if it is higher than the amount determined in accordance with paragraph 2; however, the rate determined from the amount of compensation for non-property damage in money shall not exceed CZK 500,000.
(6) In the performance of the post of guardian, which has been appointed to the injured party in accordance with Article 45 (2) of the Criminal Code or Article 34 (5) of the Criminal Liability and Proceedings Act, the amounts referred to in paragraph 5 shall be considered as tariff value. ';
19. § 10a reads:
When representing a child under 15 years of age in proceedings under Title III of the Law on the Judicial Affairs of the Youth shall be considered as the tariff value of the amount referred to in Article 10 (2). In doing so, it is based on the level of criminal rates laid down by law for an offence whose characteristics would have been fulfilled by an otherwise criminal child under 15 years of age, if it had been criminally responsible. '
footnote 1c is deleted.
20. The following Section 10b is inserted after Section 10a:
(1) The amount of CZK 18,000 shall be regarded as a tariff value when represented in administrative proceedings, unless otherwise specified.
(2) In the case of representation in infringement proceedings, the amount shall be considered as the tariff value of the
a) 10 000 CZK, if it is an offence for which the law sets a fine whose upper limit does not exceed 1 000 000 CZK,
b) 40 000 CZK, if it is an offence for which the law sets a fine whose upper limit exceeds 1 000 000 CZK and does not exceed 10 000 000 CZK,
c) 75 000 CZK, if it is an offence for which the law sets a fine whose upper limit exceeds 10 000 000 CZK.
(3) For the purposes of paragraph 2, where an offence for which the law provides for a fine, the upper limit of which is determined by a percentage or proportion of the amount concerned, or by a multiple, shall be deemed to be the upper limit of the amount thus determined. In addition, if the upper limit is also fixed by a fixed amount, the value determined according to the previous sentence shall be used if it is higher than the upper limit fixed by the fixed amount.
(4) When representing tax administration, it shall be considered as a tariff value
(a) the amount of the cash performance or the price of the case or right, but not more than CZK 500,000; or
b) the amount of CZK 75,000, if it is not possible to express the value of a thing or right in money, or if it can be found only with disproportionate difficulty.
(5) In cases of actions, appeals and other cases pending under the Administrative Rules of Procedure, if the decision given by the tax administrator is taken, the value shall be deemed to be the tariff value of:
(a) the amount of the cash performance or the price of the case or right, but not more than CZK 500,000; or
(b) the sum of CZK 113,000, if the value of the matter or the right to express it in money or if it is found only with disproportionate difficulty. "
21. In Paragraph 11, the dot is replaced by a comma at the end of paragraph 1 and the following points (n) and (o) are added:
"(n) a complaint against the order initiating the prosecution;
(o) a complaint against the decision on detention. ';
22. in Paragraph 11 (2), the words "if not for the procedure for the application for suspension or partial suspension of enforcement pursuant to Article 268 (1) (g) or (h) of the Civil Code" shall be added at the end of the text in point (e).
23. In Article 12 (4), the words "second and 'are inserted after the words" each', the words "further 'and the words" non-contractual remuneration less 20%' are replaced by the words "reduced non-contractual remuneration '.
24. In Paragraph 12, the sentence "The non-contractual remuneration shall be reduced by 20% for the second person, 40% for the third person, 60% for the fourth person and after the fifth person and 80% for each additional person."
25. In Paragraph 12b (1), the amount "CZK 150" is replaced by "CZK 200."
26. in § 12b (2), "300 CZK" is replaced by "400 CZK."
27. In § 13 (4) and § 14b (5) (b), the amount "300 CZK" is replaced by "450 CZK."
28. In Paragraph 14 (3), "100 CZK" is replaced by "150 CZK."
29. In § 14b (1) of the final part of the provision of point 1, the amount "200 CZK" is replaced by "300 CZK."
30. In Paragraph 14b (1) of the final part of the provision of point 2, the amount "300 CZK" is replaced by "400 CZK."
31. In § 14b (1) of the final part of the provision of point 3, the amount "500 CZK" is replaced by "700 CZK."
32. in Paragraph 14b, the following paragraph 2 is inserted after paragraph 1:
"(2) The procedure in which the executive authority, the authority of the local authority, the authority of the local authority, the authority of interest or professional self-administration or, where applicable, the conciliation body established under another law relating to a dispute or other legal matter arising from private law shall apply mutatis mutandis. ';
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
33.Paragraph 14b (3) reads as follows:
"(3) In matters of enforcement, where the cash performance is enforced and the tariff value does not exceed CZK 50,000, for the purposes of determining the reimbursement of costs, the rate of remuneration for each act of legal service until the application for the initiation of proceedings is lodged, including CZK 150."
34. in Article 14b (4), "and 2" is replaced by "to 3."
35. in Paragraph 14b (5), the word 'management' shall be replaced by 'proceedings' and the words' paragraph 1 'shall be replaced by' paragraphs 1 and 2 ';
36. in Paragraph 14b (6) of the introductory part of the provision, the word 'management' is replaced by 'procedures under paragraphs 1 to 3';
37.In Article 14b (6) (a), "and 2 'is replaced by" to 3';
38. in Paragraph 14b (6) (b), "3" is replaced by "4."
39. in Article 14b (7), the words "for the purposes of determining the reimbursement of costs in the proceedings referred to in paragraphs 1 to 3" shall be inserted after the words "12."
Transitional provision
Legal services provided before the date of entry into force of this Order are subject to the fee of the lawyer under Decree No. 177 / 1996 Coll., as effective before the date of entry into force of this Order.
Efficacy
This Decree shall take effect on 1 January 2025.
Minister of Justice:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 258 / 2024 Coll., amending Decree of the Ministry of Justice No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (legal tariff), as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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