Act No. 36 / 1967 Coll.
Law on experts and interpreters
Valid
Effective from 01.07.1967
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36
THE LAW
of 6 April 1967
on experts and interpreters
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
PURPOSE AND SCOPE OF THE ADJUSTMENT
(1) The purpose of the Act is to ensure the proper performance of expert and interpretation activities in proceedings before public authorities, as well as expert and interpretation activities carried out in connection with the legal acts of natural or legal persons.
(2) This Act provides for:
(a) conditions for the performance of expert and interpretation activities;
(b) the rights and obligations of experts and interpreters;
(c) the conditions under which expert institutes operate;
(d) the jurisdiction of the Ministry of Justice and the Regional Courts in the conduct of state administration of expert and interpretation activities;
(e) responsibility for offences in the performance of expert and interpretation activities.
(1) Only experts and interpreters included in the list of experts and interpreters may perform expert and interpretation activities; The Institute also carries out expert activities (§ 21).
(2) Persons not included in the list of experts and interpreters may be appointed by experts or interpreters in proceedings before public authorities only exceptionally under the conditions laid down in Section 24.
KNOWLEDGES AND TEMPERATORS INCLUDED IN THE LIST
Appointment of experts and interpreters
(1) The expert (s) shall be appointed by the Minister of Justice or by the President of the Regional Court for each field (s) to the extent that the Minister of Justice is appointed to do so.
(2) Interpreters for languages are equal to those for contact with deaf and deaf-blind persons.
(1) An expert (interpreter) may be appointed by:
(a) is a national of the Czech Republic, a citizen of another Member State of the European Union, who has been issued a certificate of temporary residence or permanent residence in the Czech Republic, or a national other than a Member State of the European Union who has been granted a permanent residence permit in the Czech Republic;
(b) is fully eligible for legal action;
(c) is righteous;
(d) has not been removed from the list of experts and interpreters for infringement under this Act in the last 3 years;
e) has the necessary knowledge and experience in the field (language) in which it is intended to operate as an expert (interpreter), in particular those who have received special training for the expert (interpretation) activity, if it is an appointment for the field (language) in which such teaching is introduced;
(f) it has such personal characteristics as to give the presumption that it can properly perform an expert (interpretation) activity;
(g) agree to the appointment.
(2) The condition of integrity referred to in point (c) of paragraph 1 shall not be met by a natural person who has been definitively convicted of:
(a) for an intentional offence; or
(b) for a negligent offence committed in connection with the performance of the work of an expert (interpreter);
unless she's looked at as if she's not convicted.
(1) The appointment of an expert (interpreter) will take place on the basis of a choice between persons who fulfil the conditions for appointment.
(2) Proposals for the appointment of an expert (interpreter) may be made by public authorities, scientific institutions, higher education institutions, organisations for which persons who are eligible work, as well as civil associations, public utility companies or foundations, where this results from the subject matter of their activities. The expert (interpreter) may also be appointed by the person who himself requests the appointment.
(3) The authorities and organisations referred to in paragraph 2 as well as the expert committees (§ 16) shall, at the request of the Minister of Justice or, where appropriate, the President of the Regional Court, express whether the proposed expert (interpreter) fulfils the conditions for appointment.
(1) The expert (interpreter) is bound to take a vow in the hands of the person who appointed him.
(2) The promise is: "I promise that, in my expert (interpretation) activity, I will comply precisely with the legislation, that I will perform the expert (interpretation) activity impartially to the best of my knowledge, that I will make full use of all my knowledge and that I will remain silent about the facts that I have learned in the performance of the expert (interpretation) activity."
(1) The experts appointed (interpreters) are entered in the list of experts and interpreters after the promise has been made.
(2) The lists of experts and interpreters are kept by the Regional Courts, in whose district the expert (interpreter) has a permanent place of residence or, where applicable, a place of residence in the Czech Republic according to the type of residence of the stranger; the regional court, when entering the list of experts and interpreters, shall assign the identity number of the person provided by the administrator of the basic register to an expert (interpreter) who has not yet been assigned a person identification number.
(3) The central list of experts and interpreters is kept by the Ministry of Justice; the list shall be sent to regional courts.
(4) The lists of experts and interpreters are publicly available.
Performance of expert (interpretation) activities
Experts (interpreters) shall be required to perform the expert's (interpretation) activities properly within the specified time limit, the field (language) and the sector for which they were appointed.
(1) Experts (interpreters) are entitled to perform expert (interpretation) activities outside the district court of which they are entered.
(2) As a general rule, public authorities shall appoint experts (interpreters) who are included in the list of regional courts in whose territory the public authority has its registered office or place of business, after prior consultation with the expert (interpreter).
(1) The expert (interpreter) is obliged to perform his work in person.
(2) Where the nature of the case so requires, the expert (interpreter) shall be entitled to invite a consultant to examine specific sub-issues; the circumstances, together with the reasons therefor, must be considered. The responsibility of the expert (interpreter) is not affected by the part of the opinion (translation) which has been consulted.
(1) The expert (interpreter) is obliged to maintain confidentiality about the facts which he has learned in connection with the performance of his expert (interpreter) activity, even after its completion; This does not apply if information on these matters is used in a reasonable manner for scientific or educational purposes. It may be waived by the public authority which has appointed it or by the expert (s) for which it has carried out the contract.
(2) The obligation of confidentiality referred to in paragraph 1 shall also apply to consultants and other persons involved in expert (interpretation) activities. An expert (interpreter) shall be obliged to instruct these persons in writing about the obligation of confidentiality. Confidentiality may be waived by the public authority which has appointed the expert (interpreter) or by the expert (interpreter) for which he has carried out an expert (interpreter) activity under the contract.
(1) The expert (interpreter) must not give an assessment (interpretation) if, for his / her relationship with the case, the procedural authorities, the participants or their representatives, he / she may have doubts as to his / her bias.
(2) As soon as the expert (interpreter) becomes aware of the facts for which he is excluded, he shall notify it without delay; The parties shall have the same obligation. Whether an expert (interpreter) is excluded is decided by the authority which appointed him for the interpretation.
(3) Where an expert (interpreter) may refuse to submit an opinion (translation) and when the submission of an opinion (translation) cannot be imposed, the provisions on witnesses apply mutatis mutandis to each type of procedure.
(1) If none of the cases referred to in Section 11 are concerned, the expert (interpreter) shall be required to submit an assessment (conduct an interpretation) if he has been appointed by an expert (interpreter) in proceedings before a public authority. If an expert (interpreter) refuses to carry out an action without serious reason, the public authority shall inform the regional court on whose list the expert (interpreter) is registered.
(2) Where an expert (interpreter), in connection with the legal acts of citizens or organisations, provides, at their request, an opinion (interpretation) outside the proceedings before public authorities, such professional assistance shall be provided by agreement in the performance of his duties.
If the expert reports in writing, he shall sign and attach the seal to each copy of the report; The interpreter has the same obligation for the translations verified.
(1) Where this is necessary for the submission of the opinion, the expert shall be entitled to use the instruments, other equipment and materials of the organisation in which he works; in exceptional cases, where necessary for the submission of an opinion, another organisation having the necessary instruments, equipment and materials shall also be required to allow the expert to use it at his request. This obligation is not for an organisation whose equipment performs specific tasks in the public interest.
(2) The organisation shall be entitled to reimbursement against the expert of the costs incurred by the use of instruments, other equipment and materials.
Experts (interpreters) are required to keep an expert (interpreter) diary. They shall record in the journal the performance of all opinions (interpretation), their subject matter for whom the activity has been carried out, the amount of remuneration and expenses and the date of their reimbursement. The diary may be kept in paper or electronic form.
(1) In the fields for which their nature so justifies, the Corridor shall be established as advisory bodies of the Minister of Justice by the expert committees; the members are appointed by the Minister of Justice from among experts.
(2) In particular, the task of the expert committees is to co-operate in the appointment of experts, to lay down the technical conditions necessary for the appointment of experts, to take care to improve the specific qualifications of experts, to give incentives for scientific research into general matters of expertise and to address such issues in the field for which they are established.
Remuneration and reimbursement
(1) The expert (interpreter) has the right to remuneration for submitting an opinion (interpretation).
(2) If the expert opinion (interpretation) is given by a public authority, the remuneration shall be governed by the provisions of the implementing legislation.
(3) The remuneration referred to in paragraph 2 shall be determined on the basis of the quantity of work effectively incurred. The remuneration may be reduced accordingly if the action has not been carried out properly or within the prescribed period.
(4) If the remuneration is not determined in accordance with paragraphs 2 and 3, it shall be governed by a contract between the expert (interpreter) and the person who ordered the expert (interpreter).
(5) The remuneration fixed in accordance with paragraphs 1 to 4 shall be increased by an amount corresponding to the value added tax which the expert (interpreter) is obliged to pay under another legislation. 2)
(1) If the expert's opinion (interpretation) is given by a public authority, the expert (interpreter) shall also have the right to reimburse the costs he has effectively incurred in connection with the expert's assessment (interpretation).
(2) In particular, the costs referred to in paragraph 1 shall be travel expenses, compensation for the loss of earnings on summons to the public authority, the costs incurred by the expert pursuant to Article 14 (2), the costs in kind and the costs associated with the recruitment of auxiliary workers. If the expert (interpreter) has taken on a consultant, he shall be entitled to reimbursement of the costs associated with it only if the public authority which has appointed him (interpreter) has given its consent to the consultant's removal.
(3) An organisation in respect of which the expert (interpreter) is in employment is not entitled to compensation for salary when summoned to a public authority.
(4) If the remuneration is agreed in accordance with Paragraph 17 (4) and if it is not agreed otherwise in the contract between the expert (interpreter) and the person who commissioned the expert (interpreter), reimbursement of costs shall be included in the remuneration.
(1) The remuneration and reimbursement of costs referred to in Articles 17 (2) and (3) and 18 (1) to (3) shall be charged by the expert (interpreter) at the same time as the submission of the opinion (by interpretation) .3) Its amount shall be determined by the authority which appointed the expert (interpreter) without undue delay, no later than 2 months after the submission of the opinion (by interpretation). The remuneration and reimbursement of final expenses shall be paid without undue delay after their award, no later than 30 days.
(2) The Regional Court, on whose list the expert (interpreter) is registered, oversees the proportionality and completeness of the fees charged under § 17 (2) and (3) by occasional checks.
Suspension of the right to pursue the activities of an expert or interpreter
(1) The Ministry of Justice or the President of the Regional Court may decide to suspend the right to exercise the duties of an expert (interpreter) if:
(a) criminal proceedings have been brought against an expert (interpreter) for an intentional offence; the suspension shall end on the date on which the decision ending the criminal prosecution takes effect;
(b) proceedings for the competence of an expert (interpreter) for legal acts have been initiated; the suspension shall end on the date on which the decision on the competence of the expert (interpreter) ceases to exist; or
(c) has the final decision to proceed with an unconditional custodial sentence.
(2) The Ministry of Justice or the President of the Regional Court shall decide to suspend the right to exercise the duties of an expert (interpreter) if the expert (interpreter) so requests for serious reasons, but for no more than four years.
(3) Appeals against a decision given pursuant to paragraph 1 shall not have suspensory effect.
(4) For the duration of the suspension of the right to pursue the activities of an expert (interpreter), the expert (interpreter) shall not engage in an expert (interpreter) activity.
(5) The suspension of the right to exercise the duties of an expert (interpreter) and the termination of the suspension of that right under paragraphs 1 and 2 shall be recorded by the Ministry of Justice or by the President of the Regional Court on the list of experts and interpreters without delay, but no later than 15 working days after the decision to suspend the right to exercise the duties of an expert (interpreter) has become enforceable or when the Ministry of Justice or the President of the Regional Court has become aware of the termination of the suspension of that right.
Termination of the right to engage in expert or interpretation activities
The right to engage in expert (interpretation) activities ceases to exist to the expert (interpreter)
(a) death;
(b) a declaration of the death, on the date on which the court's decision on the declaration of the death is taken;
(c) deprived of legal capacity or limitation of legal capacity on the date on which the decision of the court which was deprived of legal capacity or whose legal capacity was restricted;
(d) a final conviction for an intentional offence or a final conviction for a negligent offence committed in connection with the performance of an expert's activities (interpreter);
(e) by imposing a final administrative penalty, the removal from the list of experts and interpreters referred to in Article 25a (3); or
(f) following a written request for removal from the list of experts and interpreters submitted to the Ministry of Justice or to the President of the Regional Court by the end of the calendar month in which the request for removal from the list of experts and interpreters to the Ministry of Justice or the President of the Regional Court was served.
(1) The Ministry of Justice or the President of the Regional Court shall decide on the termination of the right to conduct an expert's (interpretation) activity if it is subsequently found that the expert (interpreter) does not fulfil any of the conditions for his appointment or if those conditions have lapsed.
(2) The Ministry of Justice or the President of the Regional Court may decide to terminate the right to engage in an expert (interpretation) activity if the expert (interpreter) cannot, in the long term, perform his or her activities properly for medical or other serious reasons and does not have the suspended right to engage in the activity of an expert (interpreter) pursuant to § 20, or if such medical or other serious reasons continue after the suspension of that right has been terminated.
(1) If experts (interpreters) have the right to exercise an expert (interpreters) activity, the expert (interpreters) shall be removed from the list of experts and interpreters.
(2) The removal from the list of experts and interpreters shall be recorded by the Ministry of Justice or by the President of the Regional Court in the list of experts and interpreters without delay, but no later than 15 working days after they have become aware of the cessation of the right to engage in expert (interpretation) activities or when the decision to cease the right to exercise the activity of an expert (interpreter) has become enforceable. The person concerned shall be informed of the removal from the list of experts and interpreters.
IMPLEMENTING THE ACTIVITIES OF THE CONTRACTS
(1) The institutes are legal entities or their organisational units which are specialised in the expert activities and are included in the list of expert institutes.
(2) The list of expert institutes is maintained and the Ministry of Justice decides on the registration.
(3) The list of expert institutes is divided into two sections. The second section of the list of expert institutes shall include universities or their components and public research institutions, or other public law persons or their organisational units carrying out scientific research activities in the relevant field. These institutes are intended primarily for the processing of expert opinions in particularly difficult cases requiring a specific scientific assessment. Other expert institutes referred to in paragraph 1 shall be entered in the first section of the list.
(4) A university or a part of a university may be included in the list of expert institutes if a doctoral study programme is accredited in the relevant or related field.
(5) Public authorities may request the expert institutes listed in Section 2 to submit an opinion only if the case is referred to in paragraph 3, second sentence.
The provision of an expert activity shall not be contrary to the nature of the legal person or the subject of its activity.
(1) Applicants may be entered in the first section of the list of expert institutes only if:
(a) at least three of its members, members or staff engaged in an expert activity for him shall be experts registered for the fields requested and shall not carry out an expert activity in the field in question in another expert institute listed in the first section; However, it is sufficient that two of these persons are experts registered for the related field; and
(b) has adequate material and personnel equipment for the performance of the expert's activities.
(2) These conditions must be fulfilled for each field covered by the application for registration.
(3) Applicants may not be registered if:
(a) has been removed from the list of expert institutes in the last three years;
(b) has been removed from the list of experts and interpreters in the last three years by one of his members, members or employees who has been an expert for the applicant; or
(c) one of its members has been removed from the list of expert institutes in the last three years.
(4) If the applicant is a joint-stock company, its core capital must consist of shares in the name.
(5) Where an applicant for registration in the first section of the list of expert institutes is an entrepreneur, the required scope of his or her expertise shall correspond to the subject matter of the business (s) registered in a commercial or other register. However, the subject matter of the business need not be expressed by identical terms.
(1) The Institute shall submit an opinion in writing. It shall indicate who prepared the opinion and who, if necessary under the procedural rules, can personally confirm the accuracy of the opinion submitted by the Constitution and provide the necessary explanations before the public authority.
(2) The Institute is responsible for the timely and proper implementation of the report.
(3) Otherwise, the provisions on the performance of the expert activities of the experts on the list apply mutatis mutandis to the performance of the expert activities of the institutes.
(1) The Institute has the right to remuneration and reimbursement.
(2) The head of the Institute shall, where justified, admit to the worker who worked for the opinion the remuneration corresponding to the work carried out, up to the amount paid to the Institute as remuneration.
NOTIFICATIONS (TEMPERATORS) NOT INCLUDED IN THE LIST
(1) The public authority may appoint an expert (interpreter) who is not included in the list and has the necessary expertise to give an opinion (to carry out an interpretation exercise) and who has agreed to the provision,
(a) if an expert (interpreter) is not included in the list for any field (language),
(b) if the expert (interpreter) entered in the list of operations cannot perform,
(c) where the conduct of an expert (interpreter) on the list would be accompanied by disproportionate difficulties or costs.
(2) The expert thus appointed (interpreter) may not give an assessment (to perform an interpretation exercise) until he has placed a promise in the hands of the authority which established it in accordance with Paragraph 6 (2).
The provisions on remuneration and reimbursement shall also apply to experts (interpreters) established under Paragraph 24; other provisions shall be applied mutatis mutandis.
Transfers
Transfers of natural persons
(1) The expert (interpreter) commits an offence by:
(a) perform expert (interpretation) activities contrary to § 8;
(b) carry out its activities contrary to Article 10;
(c) infringes or does not instruct other persons who have participated in an expert (interpretation) activity under Paragraph 10a;
(d) in contravention of § 11, submit an expert opinion (performing an interpretation exercise) on the matter from which he was excluded as an expert (interpreter);
(e) in contravention of Paragraph 12, without serious reasons, refuse to submit an expert opinion to the public authority (to conduct an interpretation exercise),
(f) in contravention of § 13, it shall not repeatedly sign or attach a seal to a written expert opinion (certified translation),
(g) in contravention of § 15, he does not keep an expert (interpreter) diary or properly;
(h) in contravention of Paragraph 17 (3), misaccount the remuneration for the submission of an expert opinion (interpretation);
(i) in contravention of Paragraph 20 (4), he shall carry out the work of an expert (interpreter) at the time of suspension of the right to exercise that activity.
(2) A natural person commits an offence by improperly impersonating an expert (interpreter) or an expert institute or carrying out an expert (interpreter) activity contrary to Article 2 (1).
(3) The offence referred to in paragraph 1 (b), (f), (g) or (h) may be fined up to 50 000 CZK and the offence referred to in paragraph 1 (a), (c), (d), (e) or (i) be fined up to 100 000 CZK or deleted from the list of experts and interpreters. A fine of up to CZK 200,000 may be imposed for the offence referred to in paragraph 2.
(4) When determining the type of administrative penalty for an offence referred to in paragraph 3, account shall also be taken of the fact that an expert (interpreter) has already been issued an alert under Paragraph 25d.
Transfers of legal persons
(1) The Institute commits an infringement by:
(a) perform expert (interpretation) activities contrary to § 8;
(b) carry out its activities contrary to Article 10;
(c) not to instruct persons involved in expert activities on the obligation to remain silent pursuant to Paragraph 10a;
(d) in contravention of Article 11, submit an expert opinion in the case from which he was excluded as an institution;
(e) in contravention of Paragraph 12, without serious grounds, refuse to submit an expert opinion to the public authority;
(f) in contravention of § 13, it shall not repeatedly sign or attach a seal to a written expert opinion;
(g) in contravention of Paragraph 15, does not keep or properly keep an expert's journal;
(h) in contravention of Paragraph 17 (3), it shall misaccount the remuneration for the submission of the expert opinion.
(2) A legal person commits an offence by carrying out an expert activity contrary to § 2 (1) or § 21.
(3) A fine of up to 100 000 CZK may be imposed for the offence referred to in paragraph 1 (b), (f), (g) or (h) and for the offence referred to in paragraph 1 (a), (c), (d) or (e) for the fine up to 200 000 CZK or for the removal from the list of expert institutes. A fine of up to CZK 400,000 may be imposed for the offence referred to in paragraph 2.
(4) In determining the type and scope of the administrative penalty of the Institute, account shall also be taken of the fact that the Institute has already been granted a warning under § 25d.
Common provisions on infringements
(1) The transfers under this law are dealt with by the Ministry of Justice or by the President of the Regional Court.
(2) An indication of the final decision by which the expert (interpreter) or institute has been recognised as guilty of committing an offence shall be recorded by the Ministry of Justice or by the President of the Regional Court in the list of experts and interpreters or in the list of expert institutes without delay, but no later than 15 working days after the decision has become final.
Warning
If the detected breach of obligations imposed by this law cannot be regarded as an offence under the law on offences or as a criminal offence, the Ministry of Justice or the President of the Regional Court may issue a written warning to the expert (interpreter) or the Institute. Parts of the second and third administrative rules shall not apply when the warning is stored.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
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Regulation Information
| Citation | Act No. 36 / 1967 Coll., on Experts and Interpreters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.04.1967 |
|---|---|
| Effective from | 01.07.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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