Decree No. 508 / 2020 Coll.

Ordinance on the remuneration and reimbursement of final expenses of a consultant recruited for criminal proceedings

Valid Order Effective from 01.01.2021
508
DECLARATION
of 26 November 2020
on the remuneration and reimbursement of final expenses of a consultant recruited for criminal proceedings
According to Article 157 (4) of Act No. 141 / 1961 Coll., on criminal proceedings, the Ministry of Justice provides for a judicial (criminal) procedure, as amended by Act No. 255 / 2019 Coll.:
§ 1
Subject matter
This decree provides
(a) the amount and method of determining the remuneration of a consultant recruited by a criminal proceedings authority for criminal proceedings;
(b) the amount and method of determining the compensation of the consultant's expenditure effectively incurred; and
(c) the method of payment of the remuneration referred to in (a) and the reimbursement of the final expenses referred to in (b).
§ 2
Remuneration of the consultant
(1) A fee of CZK 150 to 225 is payable to the consultant for each hour of work started.
(2) The fee of the consultant shall include compensation for his or her salary or salary lost and costs:
(a) incurred in procuring material security for the provision of professional assistance;
(b) spent on preparatory and administrative work carried out in connection with the provision of professional assistance;
(c) social security and public health insurance premiums; and
(d) the payment of the tax, except for the amount corresponding to the value added tax, which increases the remuneration for the professional assistance provided.
§ 3
Reduction and denial of remuneration
(1) Where the consultant has provided professional assistance late or poor, the remuneration may be reduced by up to 50%.
(2) As regards a particularly serious case of poor professional assistance, the remuneration may be reduced by more than 50% or totally withheld.
§ 4
Increase in remuneration
(1) If a consultant is required to provide professional assistance promptly, the remuneration may be increased by up to 50%.
(2) Where it is necessary for the consultant to provide professional assistance on the day of work or on the day of work or at night determined under the Labour Code, the remuneration range for each starting hour of work referred to in Article 2 may be increased by up to 50%; the increase in remuneration referred to in paragraph 1 is not affected.
§ 5
Reimbursement of final expenditure
(1) The Consultant is responsible for the reimbursement of expenses incurred effectively in connection with the provision of professional assistance, in particular the reimbursement of travel and telecommunications costs, postal charges, translations, copies and photocopies.
(2) The consultant is responsible for the reimbursement of travel expenses incurred effectively in connection with the use of a public mass transport vehicle. Where, with the agreement of the law enforcement authority, a consultant used his own motor vehicle, he shall be compensated under the legislation governing travel compensation.
(3) The Consultant shall be granted a flat-rate amount of compensation for the final expenses listed in the Annex to this Order, provided that he does not prove their amount; the amount of this flat-rate refund is set out in the Annex hereto. Reimbursement of other final expenditure shall be granted at an established amount on the basis of documents submitted.
§ 6
Payment method
(1) The remuneration and reimbursement of the final expenses of the consultant shall be payable within 30 days of their award.
(2) The remuneration and reimbursement of the final expenses of the consultant shall be rounded up to the whole crown.
§ 7
Efficacy
This Decision shall enter into force on 1 January 2021.
Minister of Justice:
Mgr. Benešová v. r.

Annex to Decree No 508 / 2020 Coll.
Flat-rate amount of reimbursement of expenditure on selected items
Číslo položkyOznačení položkyVýše náhrady nákladů
1.Tisk černobílý strana formátu A43 Kč
2.Tisk černobílý strana formátu A36 Kč
3.Tisk barevný strana s obrazovým obsahem formátu A417 Kč
4.Tisk barevný strana s obrazovým obsahem formátu A335 Kč
5.CD nebo DVD včetně obalu 1 ks10 Kč
6.Flash disk 1 ks120 Kč

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Regulation Information

CitationDecree No. 508 / 2020 Coll., on the remuneration and reimbursement of final expenses of a consultant recruited for criminal proceedings
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation07.12.2020
Effective from01.01.2021
Effective until-
Status Valid
The regulation text is for informational purposes only.
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