Act No. 33 / 1953 Coll.
Law on legal practice and professional examination in the field of justice and prosecution
Valid
Effective from 07.05.1953
33.
Law
of 24 April 1953
on legal practice and vocational examination in the field of justice and prosecution.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) The education of legal practitioners for courts, prosecutors and public notaries ("legal practitioners"), as well as the education of law practitioners, is organised and managed by the Ministry of Justice.
(2) The Ministry of Justice accepts and places legal candidates after the professional examination.
(3) The measures referred to in paragraphs 1 and 2, as far as they concern legal candidates, shall be taken by the Ministry of Justice in an agreement with the Attorney General and, as regards military legal candidates, by an agreement with the Ministry of National Defence.
(1) The legal practice of both candidates and lawyers is one year.
(2) The purpose of legal practice is to train both legal candidates and legal associates in an ideological and professional way for their future activities, to teach them to interpret laws and other legislation in the spirit of the Constitution and the principles of popular democratic establishment and to familiarise them with the needs of practice. They can therefore only be allocated such work as the purpose of legal practice.
(3) The Minister of Justice may forgive, in whole or in part, legal practice; If it is a military legal candidate, it can only take such action in agreement with the Minister for National Defence.
(1) Once legal practice has been carried out, legal practitioners and law associates are required to undergo a professional examination.
(2) The purpose of the expert examination is to determine whether the tested person has the necessary expertise and whether he is sufficiently politically advanced to act as a judge, prosecutor, notary state or lawyer.
(3) In agreement with the Minister of National Defence, the Minister of Justice may waive the expert examination to military legal candidates.
(1) Detailed provisions on legal practice and the examination shall be laid down by the Minister for Justice.
(2) The Minister of Justice may also, by regulation, determine which simple acts reserved by the law of the Prosecutor, the Judge or the notary of the State may be carried out by a legal practitioner.
(3) The provisions referred to in paragraphs 1 and 2 shall be issued by the Minister of Justice in an agreement with the Attorney General and, where applicable, by military legal candidates, by an agreement with the Minister of National Defence.
(1) Where the current regulations refer to a professional judicial examination or a professional examination for notarial candidates or for law firms, this means a professional examination under this law.
(2) Professional examinations, judicial examinations, uniform judicial and legal examinations, military legal examinations, military judicial examinations, bar examinations and notarial examinations carried out before the application of this law have the same legal effects as the professional examination under this law.
(1) Up to their provisions, the personal affairs of the legal candidates shall be provided by the Ministry of Justice by the judge, prosecutor or public notary, after which the authority empowered by him is responsible.
(2) The employment and pay ratios of the legal candidates are governed by the provisions of Act No. 67 / 1950 Coll., on the employment and pay ratios of judges, prosecutors and judicial candidates, and by the rules implementing them in so far as they apply to the current judicial candidates.
The provisions of Act No. 88 / 1952 Coll., on the material security of members of the armed forces, and the provisions of its implementing provisions, shall apply to the salary ratios of military legal candidates.
Lawyers who practice part of their legal practice in courts are required to maintain confidentiality in official matters to the same extent as legal candidates.
Until now, judges' waiters, notaries' waiters and waiters of prosecutors become legal waiters within the meaning of this Act in the field of the Ministry of Justice on the day of application of this law.
The Government may, by regulation, determine in which other fields of legal activity legal staff must undergo a professional examination under this law and what legal practice must be preceded by such a test.
All provisions governing the preparatory service (legal practice) of judicial, notarial candidates and law practitioners, as well as all provisions on the professional judicial examination, shall be repealed, in particular:
1. Act No. 323 / 1948 Coll., establishing a professional judicial examination and supplementing the provisions on the preparatory service of judges,
2. the Order of the Minister of Justice No. 324 / 1948 Coll., issuing detailed rules on the professional judicial examination,
3. the Decree of the Minister of Justice No 289 / 1949 Coll., which gives more detailed provisions on the preparatory service of judges,
4. Paragraph 13 (1) (c) of Act No. 114 / 1951 Coll., on the Advocacy.
This Act shall take effect on the day of its publication; It shall be carried out by the Minister of Justice in agreement with the Minister of National Defence and the Attorney General.
Zaporocký v. r.
Dr John v. r.
Broad v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Act No. 33 / 1953 Coll., on Legal Practice and Professional Exam in Justice and Prosecution |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.05.1953 |
|---|---|
| Effective from | 07.05.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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