Decree No. 276 / 2006 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 01.09.2006
Text versions:
01.09.2006
09.06.2006
276
DECLARATION
of 31 May 2006
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, after prior observations by the Czech Bar Association pursuant to § 22 paragraph 3 of Act No. 85 / 1996 Coll., on the Advocate's Office, as amended by Act No. 79 / 2006 Coll., hereinafter referred to as "the Act":
Decree No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation 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. and Decree No. 618 / 2004 Coll., is amended as follows:
1. In Paragraph 1 (2), "§ 12 (2) and (5) shall not be used 'is replaced by" § 12 (2) shall not be used'.
2. In Section 6, the following paragraph 3 is added:
"(3) If the lawyer makes a declaration of authenticity (1a), he shall receive a reward of CZK 30 for each copy of the declaration of authenticity of the signature of one person on one instrument.
(1a) § 25a of Act No. 85 / 1996 Coll., on Advocate, as amended. '
footnote 1a shall be renumbered footnote 1c, including the footnote reference.
3.
Non-contractual remuneration rate
The rate of non-contractual remuneration for one act of legal service shall be based on the tariff value
| 1. | do 500 Kč | 300 Kč, |
| 2. | přes 500 Kč do 1000 Kč | 500 Kč, |
| 3. | přes 1 000 Kč do 5 000 Kč | 1 000 Kč, |
| 4. | přes 5 000 Kč do 10 000 Kč | 1 500 Kč, |
| 5. | přes 10 000 Kč do 200 000 Kč | 1 500 Kč a 40 Kč za každých započatých 1 000 Kč, o které hodnota převyšuje 10 000 Kč, |
| 6. | přes 200 000 Kč do 10 000 000 Kč | 9 100 Kč a 40 Kč za každých započatých 10 000 Kč, o které hodnota převyšuje 200 000 Kč, |
| 7. | přes 10 000 000 Kč | 48 300 Kč a 40 Kč za každých započatých 100 000 Kč, o které hodnota převyšuje 10 000 000 Kč.“. |
4. In Article 8 (4), the words "or execution (the enforcement of the decision) 'shall be inserted after the words" When executing the decision'.
5. In Article 8, the following paragraph 7 is added:
"(7) In matters of succession, the net value of the customer's inheritance interest shall be regarded as the tariff value of the case. ';
6. In Paragraph 9 (1), the amount "CZK 1,000 'is replaced by" CZK 5,000'.
7. In Paragraph 9 (2), the words "the admissibility of taking over or holding in a health care institution, in 'and the amount" 500 CZK' are replaced by "1000 CZK '.
8. In Paragraph 9 (3), the amount "10 000 CZK 'is replaced by" 25 000 CZK' and the letters (a) and (b) are:
"(a) determining whether there is a legal relationship or a law, determining the nullity of a legal act, whether it is invaluable to determine the right to a matter by money or whether it is to determine the nullity of an act by which the matter is the subject of or the performance by money is invaluable;
(b) actions in order to express the will to create, alter or end a legal act the object of which is invaluable by money; ';
9. in Article 9 (3) (d):
"(d) personal rights, in matters of protection against the disclosure of information which constitute an abuse of freedom of expression, words and press under the legislation on mass information, and in matters arising from the exercise of rights and obligations under the legislation on the protection of personal data or under the legislation on the protection of industrial and other intellectual property, without proposal to compensate for non-property damage,";
10.Paragraph 9 (4) reads as follows:
"(4) In matters of personality rights, in matters of protection against the disclosure of information which is an abuse of freedom of expression, words and 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 or under the legislation on the protection of industrial and other intellectual property, with a proposal to compensate for non-property damage, the amount of CZK 50 000 shall be considered a tariff value."
11. in Article 9, the following paragraph 5 is added:
"(5) In the performance of the duties of guardian established by a court of a party whose residence is unknown, who has not been able to deliver to a known address abroad, who has been affected by a mental illness or for other health reasons, he may not take part in proceedings for a transitional period or who is unable to express himself clearly (1b), the amount of CZK 500 shall be regarded as a tariff value.
(1b) Paragraph 29 (3) of the Civil Code. ';
12. In Paragraph 10 (1), the words "representing in infringement proceedings" are replaced by the words "representing in administrative proceedings, including infringement proceedings," and the amount "1 000 CZK" is replaced by "5 000 CZK."
13. In Article 10, the following paragraph 5 is added:
"(5) The amount of CZK 10,000 shall be regarded as a tariff value when representing a victim in criminal proceedings in respect of damages caused by a criminal offence; if the injured party has been attributed a sum of money in excess of CZK 10,000 as compensation, the amount of money shall be considered a tariff value."
14. In Article 11, the dot is replaced by a comma at the end of paragraph 2 and the following point (g) is added:
"(g) participation in the preparation of negotiations 1d).
1d) In particular Article 114c of the Civil Code. '
15. In Paragraph 12 (4), the words "or, if it is a criminal defence for crimes committed in multiple encounters," and the words "or for each offence so prosecuted," shall be deleted.
16. in Paragraph 12 (5):
"(5) In the defence of criminal proceedings for crimes committed in parallel, the lawyer shall only be remunerated for the highest-rate offence. ';
17. In Paragraph 13 (3), "75 CZK" is replaced by "300 CZK."
18. in Paragraph 14 (3), the amount "50 CZK" is replaced by "100 CZK."
Transitional provision
Legal services provided before the date of entry into force of this Order shall be subject to the legal fees of the lawyer under existing legislation.
Efficacy
This Decree shall take effect on 1 September 2006.
Minister:
JUDr.
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Regulation Information
| Citation | Decree No. 276 / 2006 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 | 09.06.2006 |
|---|---|
| Effective from | 01.09.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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