Decree No. 486 / 2012 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 01.01.2013
Text versions:
01.01.2013
31.12.2012
486
DECLARATION
of 20 December 2012
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
According to Article 22 (3) of Act No. 85 / 1996 Coll., on Advocate General, as amended by Act No. 228 / 2002 Coll. and Act No. 79 / 2006 Coll.:
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., Decree No. 618 / 2004 Coll., Decree No. 276 / 2006 Coll. and Decree No. 399 / 2010 Coll., is amended as follows:
1. In Article 4, the following paragraph 3 is added:
"(3) The contractual remuneration must be proportionate and must not be manifestly disproportionate to the value and complexity of the matter. ';
2. In Article 6, the following paragraph 4 is added:
"(4) The fee is CZK 30 for each page of the converted document."
3. In Article 8 (1), the words "and their accessories' are deleted and at the end of paragraph 1 the sentence" When determining the tariff value, no account shall be taken of accessories unless they are required as a separate claim 'is added.
4. Paragraph 8 (7) reads as follows:
"(7) In matters of succession, the normal price of the deceased's assets shall be considered as a tariff value corresponding to the amount of the customer's inheritance interest. '
5. In Paragraph 9 (1), the amount "CZK 5,000" is replaced by "CZK 10,000."
6. In Paragraph 9 (2), the amount "CZK 1,000" is replaced by "CZK 5,000."
7. In Paragraph 9 (3) of the Introductory Part of the provision, the amount "CZK 25,000 'is replaced by" CZK 35,000', at the end of point (d) the comma is replaced by "" or ', at the end of point (e) the comma is replaced by a dot and points (f) and (g) are deleted.
8. Paragraph 9 (4) reads as follows:
"(4) The amount of CZK 50 000 is considered as a tariff value in matters
(a) personal rights, 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 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, with a proposal to compensate for non-property damage;
(b) referred to in paragraph 3 (a), if it is a legal relationship with an undertaking, real estate or an industrial or other intellectual property right;
(c) decided in proceedings concerning companies, cooperatives and other legal persons, and in matters relating to insolvency or similar proceedings;
(d) actions, appeals and other cases of law pending under the Administrative Rules of Procedure, with the exception of cases referred to in paragraph 2; or
(e) constitutional complaints, with the exception of matters referred to in paragraph 2. "
9. In Article 9 (5), the words "provided by the administrative authority of the party to proceedings or" and the amount of "500 CZK" shall be replaced by "1 000 CZK."
10. In Paragraph 10 (3) (a), the amount "1 000 CZK" is replaced by "5 000 CZK."
11. in Article 11 (1) (d), the words "court or other authority relating" shall be replaced by the words "or application in" and at the end of the text in point (d) shall be added the words "call for implementation with the basic factual and legal analysis of the previous application in substance."
12. In Article 11, at the end of paragraph 2, the dot is replaced by a comma and the following point (h) is added:
"(h) a simple call for fulfilment."
13. in Paragraph 12 (3):
"(3) When combining two or more items for which a joint discussion is not provided for by another law, the remuneration shall be determined by the sum of the remuneration for all the related matters. ';
14. § 12a reads:
(1) The rates of non-contractual remuneration provided for in Article 7 for acts of legal services provided by a representative in civil proceedings, appointed guardian in civil proceedings, appointed lawyer in criminal proceedings, appointed agent in criminal proceedings or guardian of a child under another law governing the judiciary in youth matters are reduced by 20%.
(2) The rate of non-contractual remuneration for one act of legal service provided by a representative in civil proceedings, established guardian in civil proceedings, appointed lawyer in criminal proceedings, appointed agent in criminal proceedings or guardian of a child under another law governing the judiciary in youth matters, reduced in accordance with paragraph 1, shall not exceed CZK 5 000. "
15. In Paragraph 14, the following paragraph 4 is added:
"(4) Reimbursement for the time elapsed does not apply to the lawyer if he is entitled to compensation for legal service activities during the same period (§ 11)."
Transitional provision
Legal services provided before the date of entry into force of this Order are subject to the fee of the lawyer under Decree No. 177 / 1996 Coll., as effective until the date of entry into force of this Order.
Efficacy
This Decree shall take effect on 1 January 2013.
Minister:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 486 / 2012 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 | 31.12.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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