Decree No. 265 / 2009 Coll.
Decree amending Decree No. 244 / 1996 Coll., which, pursuant to Act No. 85 / 1996 Coll., on the Law of the Attorney General, is laid down in the Order of the Court of Justice (Law Order of the Court of Justice), as amended by Decree No. 246 / 1999 Coll.
Valid
Order
Effective from 01.09.2009
Text versions:
01.09.2009
21.08.2009
265
DECLARATION
of 13 August 2009
amending Decree No. 244 / 1996 of the Ministry of Justice Coll., which, pursuant to Act No. 85 / 1996 Coll., on Advocacy, provides for a disciplinary order (Law Order), as amended by Decree No. 246 / 1999 Coll.
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:
Decree No. 244 / 1996 Coll., which, under Act No. 85 / 1996 Coll., on Advocacy, provides for a disciplinary order (Law Order), as amended by Decree No. 246 / 1999 Coll., is hereby amended as follows:
1. In Paragraph 2 (1), the words "and other members of the members of the Panel 'are deleted.
2. In Article 3 (2), the words "disciplinary proceedings' shall be inserted after the words" participant '.
3. In Article 3, paragraphs 3 to 5 are added:
"(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. ';
4.
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 a statement of the right to object to the bias referred to in Article 8, shall be communicated by the Chairman of the Board of Appeal immediately after the provisions of the Board of Appeal referred to in paragraph 1 to the parties to the disciplinary proceedings. ";
5. In Paragraph 7 (1), the words "the Czech Bar Association (" the Chamber ')' are replaced by "the Chamber '.
6. In Article 7 (2), the words "to remedy defects in the submission within a time limit to be determined by it; the time limit may not be set for less than one week and longer than two weeks" shall be replaced by "in order to remove the defects of the submission not later than 15 days from the date on which the call was received."
7. In Article 7 (3), the words "to the lawyer or to the barrister against whom the disciplinary proceedings are opened 'are replaced by the words" to the defendant'.
8.
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 Chairman of the Tackling Board by submissions addressed to the Chamber. ';
9. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(2) The Board of Appeal may suspend disciplinary action if the disciplinary action to which disciplinary action may lead is entirely without meaning to the disciplinary action which may be imposed on the accused by any other disciplinary action already being taken against the accused. ';
Paragraph 2 shall become paragraph 3.
10. in Article 11 (3), "paragraph 1" is replaced by "paragraphs 1 and 2";
11. in Paragraph 13 (1):
"(1) Unless the Board of Appeal decides 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 rule, not later than three months after the date on which it received the disciplinary file from the President of the Board of Appeal. The Chairman of the Board of Appeal shall bring the parties to the disciplinary proceedings, their representatives and other persons whose presence is required at the hearing. ';
12. in Paragraph 13 (3):
"(3) Negotiations shall be held as designated by the Chairman of the Board of Appeal at the Chamber of Commerce in Prague or at the Chamber of Commerce in Brno. '
13. in Article 16 (2) and (3):
"(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 not later than the beginning of the hearing, provided that the defendant's court has been given an unforeseeable and uncaused obstacle. ';
14. in Article 26 (2) (a) and (b), the word "Board of Directors" shall be replaced by the words "Chairman of the Board of Appeal."
15. in Paragraph 36 (1), the word "Board of Directors" shall be replaced by the words "Chairman of the Board of Appeal."
Transitional provisions
1. Points 3, 5, 6, 8 and 13 of Article I shall not apply to disciplinary proceedings initiated before the date of entry into force of this Order.
2. The provisions of Article I (4), (14) and (15) shall not apply to appeals proceedings against decisions of the Board of Appeal which are decided by the Board of Appeal pursuant to Article II (4) of Act No. 219 / 2009 Coll., amending Act No. 85 / 1996 Coll., as amended, and certain other laws.
Efficacy
This Decree shall take effect on 1 September 2009.
Minister:
JUDr. Kovářová v. r.
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Regulation Information
| Citation | Decree No. 265 / 2009 Coll., amending Decree No. 244 / 1996 Coll., which, pursuant to Act No. 85 / 1996 Coll., on Advocacy, provides for a disciplinary order (Law Order), as amended by Decree No. 246 / 1999 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.2009 |
|---|---|
| Effective from | 01.09.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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