Act No. 444 / 2011 Coll.
Act amending Act No. 36 / 1967 Coll., on Experts and Interpreters, as amended
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Effective from 01.01.2012
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01.01.2012
28.12.2011
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444
THE LAW
of 6 December 2011
amending Act No. 36 / 1967 Coll., on Experts and Interpreters, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 36 / 1967 Coll., on Experts and Interpreters, as amended by Act No. 322 / 2006 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. In Article 1 (1), the words "State bodies and bodies to which the tasks of the State authorities (hereinafter referred to as the" State authorities') have been assigned 'are replaced by the words "public authorities'.
2. In Paragraph 1 (1), "citizens or organisations' is replaced by" natural or legal persons'.
3. Paragraph 1 (2) reads as follows:
"(2) This law 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 administrative offences in the performance of expert and interpretation activities. ';
4. In Paragraph 2 (1) of the part of the sentence before the semicolon, the word "perform 'is replaced by" may only'.
5. in Articles 2 (2) and 12 (2), the words "public authorities" shall be replaced by the words "public authorities."
6. In Paragraph 3 (2), the word 'deaf-mute' is replaced by 'deaf-blind'.
7. in Article 4 (1) (a):
"(a) is a citizen 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,";
8. in Article 4 (1), the following points (b) to (d) are inserted after point (a):
"(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, '.
Points (b) to (d) shall be renumbered as points (e) to (g).
9. Paragraph 4 (2) reads as follows:
"(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);
if she's not looked at as if she's not convicted. "
10. in Article 5 (2), the words "public authorities" shall be replaced by the words "public authorities" and the words "competent authorities of social organisations, where this results from the tasks of such organisations," shall be replaced by the words "civil associations, public utility companies or foundations, where this results from the object of their activities."
11. in Article 7 (2), the words "permanent residence" are replaced by the words "place of permanent residence or place of residence in the Czech Republic according to the type of residence of a stranger."
12. in Article 7 (3) and in Article 21 (3), the words "mandated by the Slovak National Justice Council" shall be deleted;
13. in Paragraph 8, the words "and within the prescribed time limit" shall be replaced by the words "within the prescribed time limit, the field (s) and the sector for which they were appointed."
14. in Paragraph 9 (2):
"(2) The public authorities shall, as a general rule, designate experts (interpreters) who are included in the list of regional courts in whose territory the public authority has its registered office or place of work, after prior consultation with the expert (interpreter). '.
15. The following Section 10a is inserted after Section 10:
(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 a public authority which has appointed an expert (interpreter) or by one for which an expert (interpreter) has performed an expert (interpreter) activity under the contract. ';
16. in the first sentence of Article 12 (1) and in the first sentence of Article 22 (1), the words "State body" are replaced by the words "public authority."
17. in Article 12 (1), the second sentence shall be replaced by the following: "If an expert (interpreter) refuses to perform an action without a serious reason, the public authority shall inform the Regional Court of which the expert (interpreter) is registered."
18. At the end of Paragraph 15, the sentence "The diary may be kept in paper or electronic form. 'is added.
19. in Article 16 (2), the word "in particular" shall be inserted after the word "is."
20. Paragraph 17, including the title and footnote 2, reads as follows:
"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 from the remuneration under another legislature2.
2) Act No. 235 / 2004 Coll., on Value Added Tax, as amended. '
21. Paragraph 18 (1) reads:
"(1) Where the expert's assessment (interpretation) is given by a public authority, the expert (interpreter) shall also be entitled to reimbursement of the costs he has effectively incurred in connection with the expert's assessment (interpretation). ';
22. In Paragraph 18 (2), the words "wages forgone 'are replaced by the words" earnings forgone'; the words "to a public authority 'are replaced by the words" to a public authority'; the words "a public authority 'are replaced by the words" a public authority';
23. in Article 18 (3), the words "to a state authority" shall be replaced by the words "to a public authority."
24. In Article 18, the following paragraph 4 is added:
"(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. '
25. Paragraph 19 (1), including footnote 3, reads:
"(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 an opinion (by performing an interpretation act) (3). It 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 (interpretation). The remuneration and reimbursement of final expenses shall be paid without undue delay after their award, no later than 30 days.
3) Paragraph 21 (5) (b) of Act No. 235 / 2004 Coll. '.
26. In Article 19 (2), the words "pursuant to Article 17 (2) and (3) 'shall be inserted after the words" remuneration'.
27. Paragraph 20, including the title, reads:
"Suspension of the right to exercise the duties of 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 not 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. '
28. The following Sections 20a to 20c are inserted after Section 20, including the title:
"Termination of the right to perform 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 penalty for 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 record of removal from the list of experts and interpreters shall be communicated to the person concerned. ';
29.
(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) The 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. ';
30. the following Sections 21a and 21b are inserted after Section 21:
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. '
31. in Paragraph 24 (1), the words "State authority" are replaced by the words "public authority";
32. Paragraph 24 (3) is deleted.
33. the following Section V is inserted after Section IV:
Administrative offences
Transfers
(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) In determining the type and scope of the penalty for the offence referred to in paragraph 3, account shall also be taken of the fact that an expert (interpreter) has already been granted a warning under § 25d.
Administrative offences of legal persons
(1) The Institute commits an administrative offence 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 administrative offence by carrying out an expert activity contrary to § 2 (1) or § 21.
(3) A fine of up to 100 000 CZK shall be imposed for the administrative offence referred to in paragraph 1 (b), (f), (g) or (h) and for the administrative 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 shall be imposed for the administrative offence referred to in paragraph 2.
(4) In determining the type and scope of the sanction of the Institute or a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and its consequences and the circumstances in which it was committed, and of the fact that a warning has already been given to the Institute in the past pursuant to § 25d.
(5) The Institute or a legal person is not responsible for an administrative offence if it proves that it has made every effort to prevent an infringement of the legal obligation.
Common provisions on administrative delicacies
(1) Administrative offences under this Act shall be dealt with at first instance by the Ministry of Justice or by the President of the Regional Court.
(2) Liability for an administrative offence shall cease if the administrative authority has not initiated proceedings for it within 1 year of the date on which it became aware of it, but no later than 3 years from the date on which it was committed.
(3) An indication of the final decision by which the expert (interpreter) has been found guilty of committing an offence or an indication by which the institution has been recognised as guilty of an administrative offence shall be recorded by the Ministry of Justice or by the President of the Regional Court on the list of experts and interpreters or on the list of expert institutes without delay but no later than 15 working days after the decision has become final.
(4) The fine shall be payable within 30 days of the date on which the decision to impose it became final.
Warning
If the alleged breach of obligations imposed by this law cannot be regarded as an administrative offence punishable under this or other law or 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 an expert (interpreter) or institute. Parts of the second and third administrative regulations shall not apply when the warning is stored. ';
New Section V is renumbered Section VI.
34. In the heading of Section VI, the word "common 'shall be inserted after the word" provisions'.
35. the following Sections 25e and 25f are inserted after the heading of Section VI:
The Ministry of Justice or the President of the Regional Court may request the opinion of an advisory body pursuant to Article 16, the opinion of professional associations or interest associations bringing together experts (interpreters).
The Ministry of Justice shall be the competent administrative authority of the President of the Regional Court. '.
36. At the end of Paragraph 26, the sentence "The Ministry of Justice shall establish by decree a list of the fields and sectors for which it may also individually determine the qualification assumptions. '
Transitional provisions
1. The procedure for appointment or removal of an expert (interpreter), which has not been definitively terminated before the date of entry into force of this Act, shall be completed in accordance with existing legislation.
2. The expert institute authorised to carry out an expert activity in accordance with the existing legislation, which, on the date of the entry into force of this Act, does not fulfil the conditions for registration in the list of expert institutes in accordance with § 21 to 21b as amended by this Act, is entitled to carry out an expert activity for a period of one year from the date of entry into force of this Act and shall adjust its internal circumstances within one year from the date of entry into force of this Act to meet the conditions for registration in the list of expert institutes in accordance with § 21 to 21b as amended by this Act.
3. The expert institute authorised to carry out an expert activity under the current legislation shall demonstrate to the Ministry of Justice compliance with the conditions for registration in the list of expert institutes under § 21 to 21b, as amended by this Act, within one year of the entry into force of this Act.
4. The period under Section 4 (d) of Act No. 36 / 1967 Coll., as effective from the date of entry into force of this Act, begins to run from the date of entry into force of the Act.
5. Remuneration and reimbursement of costs for the submission of an opinion (performance of an interpretation act), if the expert (interpreter) has been established or concluded with an expert (interpreter) before the date of entry into force of this Act, shall be governed by the existing legislation, except for Article 19 (1) of Act No. 36 / 1967 Coll., as effective from the date of entry into force of this Act.
6. If the court's decision to waive the legal capacity or the limitation of the legal capacity of an expert or an interpreter of legal authority before the date of the entry into force of this Act takes effect, the effect shall be that of Article 20a (c) of Act No. 36 / 1967 Coll., as effective from the date of entry into force of this Act, the date of entry into force of that Act.
7. Paragraph 20a (d) of Act No. 36 / 1967 Coll., as effective from the date of the entry into force of the Act, shall apply if the expert or interpreter has been legally convicted of an intentional offence or of a negligent offence committed in connection with the performance of the work of the expert (interpreter) since the date of entry into force of the Act.
Efficacy
This Act shall take effect on 1 January 2012.
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Regulation Information
| Citation | Act No. 444 / 2011 Coll., amending Act No. 36 / 1967 Coll., on Experts and Interpreters, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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