Decree No. 504 / 2020 Coll.
Declares
Valid
Order
Effective from 01.01.2021
504
DECLARATION
of 26 November 2020
on the
The Ministry of Justice provides, pursuant to Articles 31 (7) and 32 (7) of Act No. 254 / 2019 Coll., on experts, expert offices and expert institutes:
Subject matter
This decree regulates
(a) the amount and method of identification of the expert;
(b) the method of accounting for the expert; and
(c) the extent of the reduction, denial or increase in remuneration for the performance of the expert's activities.
Time Reward
(1) The experts are paid a fee of between 800 and 1000 CZK for each hour of work effectively spent on the activities of the expert.
(2) Where less than one hour is required to carry out an expert's activity concerning a particular expert's assessment, the expert shall be remunerated for the full hour. The last starting hour shall be taken into account in whole, except where the expert continues to carry out his or her expertise on another expert opinion at that time.
(1) If it is necessary to carry out an expert activity on the day of work or on the day of work or at night determined under the Labour Code, the limit of the rate of remuneration may be increased by up to 50%.
(2) When carrying out a test using a special device, laboratory procedure or other frequently repeated simple action consisting of a professional survey essentially of the same or similar facts, the limits of the time-pay rates shall be reduced by 20%.
(1) In determining the amount of the remuneration within the tariff range, the professional task required to carry out the expert activity shall be assessed.
(2) In particular, the assessment of the expertise required to carry out an expert activity shall assess:
(a) the nature and extent of the expert activity;
(b) the degree of professional qualifications required to carry out the expert's activities; and
(c) whether the expert's activity consisted in reviewing the expert's opinion of another expert.
Flat-rate remuneration
(1) The experts are not entitled to the time pay for the work effectively incurred in carrying out the task for which the flat-rate remuneration is due.
(2) The list of acts referred to in paragraph 1 and the amount of the flat-rate remuneration for such acts are set out in Annex 1 to this Order.
(3) Where the expert certifies that the remuneration for an act is not to be determined as a flat-rate remuneration, or where those circumstances are otherwise apparent, the remuneration shall be determined as a time remuneration.
In performing the autopsy of the body in advanced rotting decomposition, exhumed body, skeletal residues, mummification cases, adicifier cases, infectious cases, identification cases and other extremely difficult circumstances, the remuneration for the work effectively incurred in carrying out the operations referred to in items 5 and 6 of Annex 1 to this Decree shall be increased by 20%.
Common provisions for determining remuneration
(1) If the expert opinion is extremely difficult, the remuneration may be increased by up to 20%.
(2) If urgent processing of the expert opinion is necessary, the remuneration may be increased by up to 50%.
(1) If the expert has not carried out an expert activity in accordance with the requirements laid down in Section 28 of the Law on experts, expert offices and expert institutes or within the prescribed period, the remuneration may be reduced by up to 50%.
(2) In the case of a particularly serious case of poor performance of the expert, the remuneration may be reduced by more than 50% or totally withheld.
Where the limit of the rate of remuneration or remuneration increases or decreases in accordance with several provisions of this Order, the total percentage increase or reduction shall be calculated first and the limit of the rate of remuneration or remuneration adjusted accordingly.
Reimbursement of final expenses and compensation for loss of time
(1) In addition to the remuneration, the expert is also entitled to compensation
(a) the final expenditure incurred effectively in carrying out the operation;
(b) for the loss of time, including time spent on the journey, in direct connection with the operation;
(c) the final expenses of the consultant associated with the recruitment of the consultant by the expert; and
(d) for the loss of the consultant's time, including the time spent on the journey in direct connection with the operation.
(2) The compensation referred to in paragraph 1 shall be granted to the expert on the basis of the documents submitted.
(3) Other costs of the expert are included in his remuneration. Other costs of the expert are in particular costs
(a) linked to the insurance of the expert;
(b) with the provision of adequate material technical facilities and instrumentation,
(c) expenditure on preparatory and administrative work;
(d) social and public health insurance premiums; and
(e) the payment of the tax, in addition to the amount corresponding to the value added tax, by which the expert fee is increased.
Reimbursement of final expenditure
(1) The expert is responsible for the reimbursement of final expenses, in particular the reimbursement of costs in kind, travel expenses, the remuneration of the consultant, provided that the contracting authority has approved the hire of a consultant, the costs associated with the recruitment of auxiliary workers, which are not administrative work, judicial and other charges, postal charges, the reimbursement of telecommunications services and the cost of translations, copies and photocopies.
(2) Save as otherwise provided in this Order, the expert shall be responsible for the reimbursement of the final expenses, as evidenced by the expert.
(1) The experts are entitled to reimbursement of travel expenses of an amount determined under the legislation governing travel allowances.
(2) Where the expert uses a road motor vehicle without the consent of the expert, he shall be entitled to reimbursement of travel expenses at the level intended for public transport.
(1) The list of the expenditure to which the expert is entitled is set out in Annex 2 to this decree, and the amount of such flat-rate compensation for the expenditure.
(2) In carrying out the autopsy of the body under particularly difficult circumstances in accordance with § 6, the compensation for the expenditure provided for under headings 11, 12 and 15 of Annex 2 to this Decree shall be increased by 20%.
(3) Where the expert certifies the circumstances in which the reimbursement for the expenditure completed is not determined by a flat-rate amount, or where such circumstances arise otherwise, the amount of compensation shall be determined at the level established by the expert.
Compensation for loss of time
(1) Where it is necessary to carry out an action in a place which is not the seat of the expert, he shall be compensated for the loss of time spent
(a) on the way to and from this place; and
(b) by waiting for the execution of the operation if the execution at that location has been delayed for a reason which is not on the part of the expert, if such delay is more than 30 minutes.
(2) The expert shall also be entitled to compensation for the loss of time spent on the journey if the performance of the operation at the required place and time has been cancelled, unless the expert has been informed in advance of the cancellation of the operation or the execution of the operation has been cancelled on the basis of the expert's party.
(3) The expert is not liable for loss of time if the expert has carried out an expert activity during the same period of time.
(1) The experts are entitled to compensation for the loss of time equivalent to the loss of earnings.
(2) If the expert has not demonstrated the amount of the income lost or if the earnings lost are the earnings for the performance of the expert's activities, the expert is entitled to compensation for the loss of time of CZK 50 for each quarter hour started.
(3) The amount of the loss of earnings shall be determined as the amount of the loss of earnings of the witness.
Reimbursement of final expenses of the consultant and compensation for loss of time of the consultant
In determining the reimbursement of the final expenses of the consultant and the compensation for the loss of the time of the consultant, including the time spent on the journey, it shall be treated as the reimbursement of the final expenses of the expert and the compensation for the loss of the expert's time, including the time spent on the journey.
Exemptions
(1) The award of expert fees must be clear and reachable. The expert shall state at least the following:
(a) individual
1. the actions carried out by the expert in the course of an expert activity relating to a particular expert opinion;
2. expenditure completed,
3. Journey and
4th delay,
(b) method of calculation and amount
1. fees for carrying out expert activities;
2. reimbursement of individual expenditure, or
3. Compensation for the loss of time, including travel time for individual journeys and delays;
(c) the date on which the expert's activity was carried out or the day on which the time was lost;
(d) if applicable, the number of pages with visual content;
(e) the amount corresponding to the value added tax, by which the remuneration for the performance of the expert's activities or the compensation for each completed expenditure and travel and for each delay,
(f) the amount of the advance granted or indicates that the advance has not been granted;
(g) separately, excluding the amount corresponding to value added tax, the total amount
1. rewards,
2. reimbursement of final expenses; and
3. compensation for the loss of time, including travel time;
(h) the total amount of the amount corresponding to the value added tax, separately for all operations and separately for all refunds;
(i) the total amount corresponding to the value added tax;
(j) the total amount of the expert fee;
(k) the amount to which the advance is to be charged, if any; and
(l) the total amount of the amount to be paid or, where applicable, the total amount of the overpayment per expert fee.
(2) In the context of the calculation of the amount of the time pay and the compensation for the loss of time, the total time spent on the performance of the expert's activity and the total time for which the expert accounts for each loss of time.
(3) Where the expert has recruited a consultant to examine specific partial questions, he shall also indicate in the bill which item of account is the fee of the consultant, the final expenditure of the consultant, the route by the consultant or the delay which led to the loss of the consultant's time. The consultant shall provide the expert with the assistance necessary to account for the part of the expert's fee.
(4) The expert shall attach to the bill of account the documents which he applies to the bill.
The provisions of this Order on the expert shall also apply to the expert office and the expert institute.
Transitional provision
The remuneration for the expert activity carried out before the date of entry into force of this decree and the reimbursement of costs effectively incurred before the date of entry into force of this decree in connection with the expert activity shall be determined and accounted for in accordance with Decree No. 37 / 1967 Coll., as amended.
Efficacy
This Decision shall enter into force on 1 January 2021.
Minister of Justice:
Mgr. Benešová v. r.
Příloha č. 1
Annex No 1 to Decree No 504 / 2020 Coll.
List of actions for which the experts receive a flat-rate remuneration and the amount of the flat-rate remuneration for the operations
| Úkon | Paušální odměna | |
|---|---|---|
| 1. | Podání písemného stanoviska o rozpracovaném znaleckém posudku | 100 Kč |
| 2. | Převzetí a obeznámení se s případem včetně seznámení se znalce se spisem | 500 Kč |
| 3. | Přešetřování (nahlížení do registru, archivu a obdobné činnosti) | 200 Kč |
| 4. | Účast znalce při ohledání místa činu s mrtvou osobou | 500 Kč |
| 5. | Výkon pitvy (včetně histologického vyšetření do 10 preparátů) | 8 400 Kč |
| 6. | Histologické vyšetření každého dalšího preparátu nad rámec položky č. 5 | 150 Kč |
| 7. | Vyhodnocení a interpretace toxikologické analýzy | 950 Kč |
| 8. | Vyšetření živé osoby soudním lékařem | 2 000 Kč |
1. If the expert himself carries out such an act as a laboratory technician, he shall also have a flat-rate remuneration which would otherwise be for the laboratory.
2. The performance of the autopsy is an external and internal examination of the cadaver, an autopsy including the compilation of the autopsy and the collection of biological material for further examination (histological, serological, toxicological, etc.).
Příloha č. 2
Annex No 2 to Decree No 504 / 2020 Coll.
List of expenditure in respect of which the expert is entitled to flat-rate compensation and the amount of flat-rate compensation for expenditure in respect of
| Hotový výdaj | Výše náhrady | |
|---|---|---|
| 1. | Tisk strana formátu A4 | 3 Kč |
| 2. | Tisk strana formátu A3 | 6 Kč |
| 3. | Tisk barevný strana s obrazovým obsahem formátu A4 | 17 Kč |
| 4. | Tisk barevný strana s obrazovým obsahem formátu A3 | 35 Kč |
| 5. | Fotografie na fotografickém papíru 1 ks | 30 Kč |
| 6. | Zvukový záznam 1 minuta | 1,50 Kč |
| 7. | Obrazový záznam 1 minuta | 2 Kč |
| 8. | Zvukově-obrazový záznam 1 minuta | 2,50 Kč |
| 9. | CD nebo DVD včetně obalu 1 ks | 10 Kč |
| 10. | Flash disk 1 ks | 120 Kč |
| 11. | RTG snímek na fotografické fólii nebo fotografickém papíru 1 ks | 150 Kč |
| 12. | Odměna laboranta za zjištění krevní skupiny | 250 Kč |
| 13. | Odměna laboranta za odborné pomocné práce do 10 histologických vzorků | 550 Kč |
| 14. | Odměna laboranta za vyšetření každého dalšího preparátu nad rámec položky č. 13 | 50 Kč |
| 15. | Provedení zápisu z pitvy | 450 Kč |
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Regulation Information
| Citation | Decree No. 504 / 2020 Coll., on expert fees |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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