Act No 322 / 1948 Coll.
Law on Advocacy (Law Regulations)
Valid
Effective from 01.01.1949
322.
Law
of 22 December 1948
o advocacy.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Lawyer duties.
Lawyers are obliged to contribute to the preservation and consolidation of the popular democratic rule of law and to assist state authorities in the implementation of the laws; it does so by providing legal assistance to the parties, in particular by providing legal advice, drawing up legal instruments, representing the parties and activities before courts and other public authorities.
Lawyer power.
(1) Lawyers only practice legal proceedings in regional associations of lawyers (§ 8) under other provisions of this law.
(2) Only a Czechoslovak citizen of the Czech Republic can be accepted as a member of a regional association of lawyers, who is committed to a popular democratic establishment that can demonstrate the required professional competence.
(3) The lawyer must not engage in other paid employment other than scientific activity.
(1) A lawyer may refuse to represent a party only for serious reasons. If the party does not find a lawyer to take over its representation, it shall, at its request, designate a lawyer for the Regional Association of Advocates.
(2) The lawyer may denounce the authorisation only for serious reasons. They must, however, represent the party for 15 days after it has been informed of the statement if it is necessary not to suffer legal harm.
(1) The lawyer is obliged to carry out the duties duly and fairly assumed and to maintain confidentiality regarding the matters which have been entrusted to him, unless the party concerned has released him.
(2) The lawyer is not obliged to testify in a court or other public authority about the matters entrusted to him, unless the Minister of Justice waives his obligation of confidentiality for an important public interest.
(3) The obligation to remain silent cannot be invoked by the lawyer, if it is a criminal offence under the Law of 6 October 1948, No 231 Coll., to protect the People's Democratic Republic of the parties to which every citizen has the legal obligation to notify it to the Security Authority.
The lawyer shall seek reconciliation between the parties before contacting a court or other public authority.
If the lawyer ceases to represent the party, he shall be obliged to keep the files for a period of five years calculated from the date on which he ceased his activity in the matter in question; However, it shall, upon request, issue to the Party the documents which have been or have been surrendered to it or which it itself has acquired for the Party on its cargo.
(1) The rates for the execution of lawyers are laid down by the Minister of Justice in an agreement with the Minister of Social Welfare by regulation.
(2) The lawyer and the party for whom he was active have the right to ask the court to determine the remuneration and costs; The General Court of the Advocate shall decide on this in an undisputed procedure.
The organisation of the advocacy.
A Regional Association of Advocates, hereinafter referred to as the Regional Association, is hereby established at the seat of the Regional Court. The Minister of Justice may determine that only one regional association is set up for two or more countries, if the public interest so requires. For the same reason, the Minister of Justice may merge regional associations.
The Regional Association directs the performance of the advocacy in its district, issuing binding directives to this effect and overseeing their maintenance.
The authorities of the Regional Association shall be:
(a) membership meetings;
(b) the Committee;
(c) the President.
The organisation and competence of the various authorities of the regional association are governed by the rules of organisation (§ 20).
(1) The Regional Association shall adopt members, determine their registered office and keep a list of their members.
(2) If the appropriate performance of the duties of the Advocate General so requires (§ 1), the Regional Association may translate a member; However, if there is a transfer to another region, the Central Association of Lawyers in Prague (§ 18) is called upon to do so.
(3) Pending the decisions and measures referred to in paragraphs 1 and 2, complaints may be made to the Ministry of Justice.
The member admitted shall make the following promise to the President of the Regional Association before the start of the trial:
"I promise in my honour and conscience that I will be faithful to the Czechoslovak Republic and its popular democratic establishment, that in providing legal assistance to the parties, representation and action before the courts and other public authorities, and in fulfilling other obligations, I will maintain laws and regulations and contribute to the preservation and consolidation of the people's democratic rule, and that I will pursue my profession to the best of my knowledge for the benefit of the people and the state."
(1) The Regional Association may exclude a member if there is an important public interest, in particular:
(a) if the member does not, within the prescribed period, commence the execution of the lawyer at the registered office declared by him or does not execute the lawyer in person for no serious reason;
(b) if the facts for which a member could not be admitted were not known or occurred at a later date when a member was admitted;
(c) if they do not fulfil their obligations under Paragraph 16.
(2) Until the decision of the Regional Association, complaints may be made to the Ministry of Justice.
(1) If the lawyer does not, for serious reasons, execute a lawyer for a period of three months, the Regional Association shall establish a deputy.
(2) The lawyer whose membership has ceased to exist is appointed by the Regional Association by the authority of the liquidator.
(1) The lawyer shall settle and pay the fees received in the course of the trial to the Regional Association, which shall periodically allocate the fees to the lawyers; while taking account of their work.
(2) The Regional Association pays its fees to lawyers charged.
(1) In the exercise of supervision, the Committee may impose order fines on lawyers and barristers who have committed inconsistencies, warnings, reprimand and reprimand in more serious cases, up to 10 000 Kns and lawyers up to 2 000 Kns.
(2) A complaint to the Central Association of Lawyers in Prague shall be admissible in the measure referred to in paragraph 1.
(1) A Central Association of Lawyers in Prague (hereinafter referred to as the Central Association) is hereby established.
(2) The Central Association oversees the activities of regional associations, has the right to repeal or amend their measures and issues binding directives for them.
(3) The authorities of the Central Association are:
(a) meetings of delegates of regional associations;
(b) the Bureau;
(c) the President.
(4) The Central Association is entitled to collect contributions from regional associations to cover its direction.
The organisation and competence of the various bodies of the central association are governed by the rules of organisation (§ 20).
(1) The Organisational Regulations of Regional Associations and the Central Association shall be issued by the Minister of Justice by regulation.
(2) The Rules of Procedure shall be adapted by the Central Association; They shall be approved by the Minister of Justice.
Law of the Ministry of Justice.
(1) The Ministry of Justice is responsible for overseeing the conduct of advocacy and for the activities of regional associations and central associations and all their bodies.
(2) The Ministry of Justice may abolish or amend the resolutions and measures of regional associations or central associations, if the public interest so requires; may also suspend the enforcement of their orders or measures. The authorities of the regional associations and the central association may dissolve, revoke or suspend their activities if they are contrary to law or public interest.
(3) If the Regional Association Committee or the Bureau of the Central Association has been dissolved, the Ministry of Justice may appoint an Administrative Commission to carry out their tasks temporarily.
Representation of national enterprises and unified trade union organisations.
(1) The Minister of Justice may authorise the staff of a national undertaking to represent a national undertaking before courts in cases where representation by a lawyer is required. The same applies to employees of a single trade union for its representation and for the representation of members (their family members) of the same organisation in disputes arising in connection with the performance of work for remuneration.
(2) In the cases of representation referred to in paragraph 1, the national undertaking shall be entitled to remuneration and reimbursement against the opponent as if it had been represented by a lawyer. The same goes for representing a unified union organisation by its employee.
Lawyers.
(1) Only a Czechoslovak citizen can be a legal associate and committed to a popular democratic establishment which demonstrates the required professional competence.
(2) Lawyers are employees of the Regional Association, which assigns them to legal practice to individual lawyers.
(3) Lawyers registered in the list of candidates and legal practice with lawyers actually engaged in their main occupation will become employees of the regional association in whose district they are active.
(4) The employment and pay ratios of law associates are governed by the rules applicable to employees in private law.
(1) The Regional Association may grant the barrister the right to represent the lawyer in the provision of legal assistance before the courts (replacement authorization) even where the representation of the lawyer is required.
(2) A lawyer may not represent a lawyer before the Supreme Court, the Supreme Military Court, the State Court and the Administrative Court.
Legal counseling.
(1) The Regional Association shall establish, in cooperation with the President of the Regional Court, legal advice in its district in which legal advice shall be given to the parties free of charge. The members of the Regional Association shall be obliged to carry out their work in these councils.
(2) The Regional Association will issue a closer directive for the activities of its members in the Advisory Councils.
Law and order.
Save as otherwise provided, disciplinary action against lawyers shall apply mutatis mutandis to judicial action.
A criminal offence is committed by a lawyer who violates the duties of his profession, if it is not simply a misconduct.
(1) The punishments are:
(a) written reprimand;
(b) fine from 500 CZK to 1,000,000 CZK;
(c) the loss of membership of a regional association associated with the inability to acquire membership of another regional association.
(2) The fines imposed are enforced by judicial execution and are transferred to the Treasury.
(1) The prosecution of criminal offences shall be suspended five years after they have been committed, if the defendant makes up for the damage caused by them and does not commit a new criminal offence within the limitation period. The statute of limitations cannot be ended if it is an act which, at the same time, establishes the facts of the offence before the court, until a statute of limitations under the criminal law.
(2) The limitation of the disciplinary action shall be suspended as soon as the same action is initiated or a complaint has been lodged against the lawyer with the regional or central association. The new limitation period shall begin on the date of interruption.
(3) The statute of limitations shall be suspended until the law of disciplinary action has been initiated or resumed. If criminal proceedings are in place, the statute of limitations shall continue until the final end of the criminal proceedings.
(1) A court of law for lawyers is a regional court competent under the seat of the regional association of which the lawyer was a member at the time of the infringement.
(2) The Court of Justice is composed of the President of the Regional Court or his Deputy Director as Chairman of the Board of Appeal, of the two members of the Regional Association appointed by the Regional Association and of the two judges of the people sitting by.
(3) The appeal against the findings of the Regional Courts as courts of the disciplinary court shall be decided by the Supreme Court in the chambers of the first or second President of the Supreme Court as the President of the Chamber, of the two lawyers appointed by the Central Association and of the two judges of the people who sit.
(4) As a reprieve, there is an active Regional Prosecutor in the court of disciplinary action, the Attorney General in the Supreme Court.
(1) If, in the course of disciplinary proceedings, it appears that an important public interest would be jeopardised by the personal performance of the lawyer, the court shall ask the competent regional association to set up a deputy lawyer for the defendant.
(2) This measure may be withdrawn at any time.
The court shall inform the competent regional association of the opening of the disciplinary proceedings and the outcome thereof.
The disciplinary procedure initiated before the application of this law shall be continued by the disciplinary court under this law; However, if a decision has already been taken on the substance of the matter in the first chair, the proceedings shall be terminated in accordance with the provisions still in force.
Coercion.
(1) Anyone who is wrongfully responsible for legal affairs after a profitable way will be punished by the county national committee on criminal offences by imprisonment within 6 months and a fine of up to 100,000 Kcs. In the event of non-compliance of the fine, a replacement prison sentence shall be imposed within 6 months depending on the degree of guilt.
(2) A coercion offence is suspended at the age of 3.
General and final provisions.
The time limit for bringing an appeal under this law shall be 15 days from the date of service of the decision. The general rules on civil procedure shall apply mutatis mutandis to the calculation of time limits.
(1) The Bar Chambers are hereby repealed. Their rights and obligations shall be transferred from the date of application of this Act to regional associations after the case to the central association; which rights and obligations have been transferred to individual regional associations after the case to the central association, the Ministry of Justice shall decide.
(2) The transfer of property rights to immovable property and other library rights shall be registered by the Library Courts on a proposal from the Regional Association (Central Association), as decided by the Ministry of Justice (paragraph 1) and referring to this law.
(1) The Minister of Justice of the Administrative Commission, to whom all the rights and obligations of the bodies of those associations belong, shall be appointed and dismissed by the Minister of Justice of the Administrative Commission until the provisions of the proper bodies of the regional associations and the Central Association.
(2) The Administrative Commission will decide to take over existing lawyers to regional associations. Unrecruited lawyers are losing their right to practice advocacy; the liquidators shall be appointed by the Administrative Commission.
Only a lawyer may be a defendant in proceedings before the courts; in urgent cases, however, the President of the Court, if there is no lawyer, may order the defence of a judge or official competent to the judicial office which is appointed in the court.
More detailed provisions for the implementation of this Act will be laid down by order of the Minister of Justice.
All provisions contrary to the provisions of this Act shall be repealed, in particular:
1. Ministerial Decree of 8 June 1857, No 114 of 8 June 1857 on the treatment of couriers,
2. the Law of 6 July 1868, No 96 of 6 July 1868 on the Law of the Court of Justice,
3. the Law of 1 April 1872, No 40, on the exercise of disciplinary authority over lawyers and candidates of advocacy,
4. Paragraph 39 (3), (4) of the Code of Criminal Procedure No 119 / 1873,
5. Paragraph 24 of the Law on the Code of Criminal Procedure of Article XXXIII / 1896,
6. the Law of 16 November 1906, No 223, amending and supplementing certain provisions of the Disciplinary Statute,
7. the Law of 31 January 1922, No. 40 Coll., amending and supplementing certain provisions on lawyers,
8. Law of 26 May 1936, No 144 Coll., amending and supplementing certain provisions on lawyers,
9. Law of 16 October 1946, No 201 Coll., on the adaptation of certain questions relating to advocacy,
10. Article XXXIV / 1874, of the Law and Article XXVIII / 1887 and Article XXIV / 1907, amending some of its provisions,
11. Article XXXIV / 1914, supplementing the provisions relating to the preparatory practice necessary for the judicial and legal qualifications and the representation of lawyers before the Court of Choir with the regulations issued on their basis,
12. the provisions of Articles 16 and 18 of Law LIV / 1914 of the Law of Initiation to the Law of the Court of Justice,
13. Law of 26 June 1940, No 164 of the Slovak Republic amending and supplementing certain provisions on lawyers,
14th Decree of the Slovak National Council of 25 May 1945, No. 43 Coll. SNR, amending and supplementing certain provisions on lawyers,
15. Regulation of the Slovak National Council of 15 March 1947, No 44 Coll. SNR, supplementing Regulation No 43 / 1945 Coll. SNR, amending and supplementing certain provisions on lawyers.
The documents and official acts necessary for the transfer of rights and obligations under Paragraph 36 shall be exempt from the fees.
This Act shall take effect on 1 January 1949 and shall be implemented by the Minister of Justice in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 322 / 1948 Coll., on the Advocacy (Law Order) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1948 |
|---|---|
| Effective from | 01.01.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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