Act No. 57 / 1963 Coll.
Law on advocacy
Valid
Effective from 19.07.1963
57
THE LAW
of 9 July 1963
o Advocate
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Tasks of the Advocate General
(1) The Czechoslovak Advocacy provides legal aid to citizens, institutions and organisations under the rule of law of the Socialist Republic.
(2) Advocacy helps the full application of socialist legality in society's life and contributes to preventing infringements. Its activities are also one of the guarantees of the consistent implementation of the constitutional right of the defendant.
Advocacy helps all its activities in bringing up citizens to maintain laws and other laws, to protect socialist property, to respect labour discipline, to respect the rights, honor and seriousness of their fellow citizens, to honour all obligations to the state and society and to respect the rules of socialist coexistence.
(1) Lawyers provide legal assistance and defend the rights and legally protected interests of citizens, institutions and organisations, in particular by giving them legal advice, writing submissions and other documents and representing them in legal acts and proceedings before courts and other bodies.
(2) Lawyers are obliged to use all legal means and methods of providing legal aid when exercising the rights and the legally protected interests of citizens, institutions and organisations who have applied for legal aid.
(3) Lawyers use their knowledge and experience for political and educational activities between citizens and thus contribute to the deepening of the socialist legal consciousness of workers.
(1) There is a remuneration for legal aid belonging to the Regional Bar Association (§ 5); the rates of such remuneration shall be determined by the Minister of Justice.
(2) Legal aid shall be granted for remuneration reduced or free of charge where justified by the personal and property circumstances of the citizen or where other grounds of special consideration are appropriate.
(3) Anyone can choose an attorney. A lawyer may refuse to provide legal aid only for serious reasons; Refusal of representation
(a) has taken part in the hearing of the case of an agent or official with whom the lawyer is related;
(b) provide legal assistance to a citizen whose interests are contrary to those of a citizen who requests his representation;
(c) where he is asked to represent interests which are manifestly unjustified.
(4) The lawyer is entitled to provide legal aid throughout the territory of the Republic.
Organisation of advocacy
Regional Bar Association
The lawyers shall form an association in the Regional Association of Lawyers ("the Association '); in Prague they join in the Municipal Association of Lawyers.
(1) The Supreme Body of the Association is a member meeting of lawyers, which in particular:
(a) discuss the fundamental issues of legal proceedings in the county;
(b) approve the work plan and the budget of the Association;
(c) approve the report on the Committee's activities;
(d) elect for a four-year term and dismiss the Association Committee.
(2) The members' meeting is eligible for a quorum if a two-thirds majority of all lawyers from the region are present. The consent of the majority of lawyers present shall be required for the validity of the order.
(1) The Committee of the Association is the executive body of the member meeting. Manages and organises advocacy activities in the county; carry out in particular the following tasks:
(a) convene and implement a resolution of the member meetings of lawyers;
(b) establish and abolish legal advice and determine their registered offices;
(c) decide on the membership of the Association and on the withdrawal of membership of the Association;
(d) receive and release other staff of the Association;
(e) elects and withdraws the head of legal advice and places lawyers and other staff in individual legal advice;
(f) provide education and training for lawyers and other staff.
(2) The Committee shall consist of five members; The Prague City Bar Association Committee consists of 7 members. The members of the Committee shall continue to perform their duties after the period for which they were elected until the members of the new Committee take up their duties.
(3) The Committee elects from among its number a chairman who represents the Association externally, ensures the proper functioning of the Committee and deals with the ordinary matters of the Association.
(4) The Committee shall be competent to act if an absolute majority of its members are present. The agreement of the majority present shall be required for the validity of the resolution; in the event of a tie, the chairman's vote shall be taken.
Legal advisory services
(1) Advocates and other staff of the Association shall perform their duties in law advisors.
(2) Legal advisory services are set up in counties; in Prague they are established in urban districts.
(3) The provision of legal assistance in matters requiring specific expertise may be concentrated in the legal advisory offices designated by the Committee of the Czechoslovak Bar.
The head of the legal advice is the manager who directs and controls the work of all legal advisors. In particular, the Head of Legal Advisory
(a) provide legal assistance;
(b) organise work in a legal advisory office, check the level of work of other lawyers and other legal advisory staff, and convene working meetings;
(c) express its views on the placement of lawyers and other staff in the legal advisory service;
(d) provide for the political and professional education of lawyers and other workers.
Headquarters of Czechoslovak Advocacy
The head of the Czechoslovak Advocacy is the Institute of Czechoslovak Advocacy (hereinafter referred to as the "Centre '), which manages and controls the activities of the Advocacy in the whole state.
(1) The highest authority of the Centre is the national conference of delegates elected at the member meetings of lawyers. National conferences in particular
(a) discuss the fundamental issues of legal proceedings;
(b) approve the report of the Bureau's Committee on its activities and on the management of the advocacy;
(c) elect for a four-year term of office and dismiss the Bureau Committee.
(2) A national conference is eligible for a resolution if a two-thirds majority of delegates are present. The consent of the majority of delegates present shall be required for the validity of the resolution.
(1) The Central Committee is the executive body of the national conference. It shall carry out the management and control activities of the Centre and implement the resolutions of the National Conference; The Committee shall in particular:
(a) draw up work and financial plans of the Bar and approve the budgets of the Association;
(b) determine the number of lawyers and other lawyers in each region;
(c) organise and manage the political and professional education of lawyers and other lawyers;
(d) abolish or amend the decisions and measures of the bodies of the Association which are contrary to or of the general interest, or cease to be exercised.
(2) The Committee shall consist of 9 members. The members of the Committee shall continue to perform their duties after the period for which they were elected until the members of the new Committee take up their duties.
(3) The Committee shall elect a President and two Vice-Presidents from among its number. The President shall represent the Centre externally, shall ensure the proper functioning of the Committee and shall deal with the day-to-day affairs of the Centre.
(4) The Committee shall be competent to act if an absolute majority of its members are present. The agreement of the majority present shall be required for the validity of the resolution; in the event of a tie, the chairman's vote shall be taken.
(1) The Executive Body of the National Conference in Slovakia shall be the Slovak Committee, which, to the extent defined by the Committee of the Centre, shall carry out the tasks assigned to the activities of that Committee in so far as they concern the organisation and tasks of advocacy in Slovakia.
(2) The Slovak Committee consists of five members elected for a four-year term. The members of the Slovak Committee are elected and recalled at the national conference of delegates of the Association from Slovakia.
(3) The Slovak Committee elects a chairman from among its number to ensure the proper functioning of the Committee and to deal with the day-to-day affairs of the Centre in so far as they concern the organisation and tasks of the Bar in Slovakia.
(4) The Slovak Committee is competent to decide if an absolute majority of its members are present. The agreement of the majority present shall be required for the validity of the resolution; in the event of a tie, the chairman's vote shall be taken.
General provisions
The management of advocacy, the construction of advocacy bodies and the methods of their activities are governed by the principles of democratic centralism.
Advocates elected to any institution of the Bar are members of the Association during the term of office and work in a legal advisory office.
(1) The Headquarters and the Association shall act in their own name and shall bear property responsibility.
(2) The Centre may instruct the Legal Advisory Board to act on its own behalf.
Legal ratios of lawyers
(1) The lawyer may be a citizen of the Czechoslovak Socialist Republic, who is committed to the socialist establishment, is civil, has a legal education, has successfully completed legal practice for two years completed by the final evaluation and is a member of the Association.
(2) The Minister of Justice may waive the requirement of citizenship; The headquarters may waive the requirement of legal practice.
Upon acceptance as a member of the Association, the lawyer shall, at the meeting of the Association Committee, take the following oath in the hands of the President:
"I promise to be faithful to the Czechoslovak Socialist Republic and to the cause of socialism, to maintain the Constitution and other laws in the course of the provision of legal aid and in the performance of my other duties, to carry out my duties conscientiously and to remain silent about the matters entrusted to me in the provision of legal assistance."
(1) The lawyer is obliged to maintain confidentiality regarding the facts which he has been entrusted with in the provision of legal aid if the represented person does not release him. It may also testify to these matters in a court or other institution if it is kept under the authority of the Office for the important public interest of the obligation of confidentiality. The obligation of confidentiality may not be invoked if it is a statutory obligation to prevent the commission of a criminal offence (Section 167 (3)).
(2) The same obligation to remain silent is also for other advocacy workers.
(1) The lawyer shall be remunerated for the performance of the lawyer, the amount of which shall be determined by the Association in accordance with the relevant provisions on remuneration.
(2) The lawyer, the barrister or another member of the Association may not obtain legal aid for himself or for any other property gain.
The lawyer may not, in addition to the scientific and literary activities, engage in other paid employment; the exemption may be authorised by the Association Committee.
A lawyer who has been released from his activities in a legal advisory office because of being elected to public office remains a member of the Association. After the discharge of his public office, the Association shall assign him to legal advice.
(1) The Association shall be responsible for any damage caused by a lawyer or other lawyer in providing legal assistance.
(2) A lawyer is liable for damage caused by the Association in accordance with the rules governing compensation for damages caused by an employee in breach of employment obligations.
(1) The membership of an attorney in the Association shall expire three months after the date on which,
(a) when the Committee was informed in writing by the Advocate that it was leaving the Association,
(b) the notification of a resolution of the Committee on the revocation of a lawyer's membership of the Association.
(2) The Committee may revoke the membership of a lawyer in the Association,
(a) if the lawyer violates his duties in a particularly serious way,
(b) if there are serious defects in his work suggesting that he is unable to perform his duties properly,
(c) if the general interest so requires.
(3) A period of three months may be shortened or waived
(a) by agreement between the lawyer and the committee;
(b) by a resolution of the Committee, where a lawyer has committed such conduct that, in the urgent general interest, his membership of the Association must be terminated without delay.
The Association Committee may temporarily prohibit the provision of legal aid to a lawyer,
(a) criminal proceedings have been brought against him;
(b) where an application for revocation of his membership of the Association for particularly serious infringements or serious defects in work is pending.
Unless otherwise provided for in the legislation, the provisions governing the rights and obligations of employment workers shall apply.
Legal circumstances of the legal candidates
(1) The lawyer may be a citizen of the Czechoslovak Socialist Republic, who is committed to the socialist establishment, is civil and has a legal education.
(2) The Minister of Justice may waive the requirement of citizenship; Headquarters may waive the requirement of legal education.
The barrister is working with the Association.
The lawyer may represent the lawyer in the various legal aid operations; it follows its instructions.
Liability of lawyers
(1) The lawyer may be prosecuted,
(a) if they seriously breach their obligations;
(b) acting as an undignified citizen of a socialist society.
(2) The disciplinary proceedings may not be initiated if the period of one year has elapsed since the day of the act of disciplinary action.
(1) The Committee of the Association is responsible for disciplinary action.
(2) Lawyers and other lawyers are required to testify in disciplinary proceedings as witnesses.
(3) The public authorities are to provide the necessary explanations in the disciplinary procedure.
(1) As a punitive measure, measures may be imposed:
(a) reprimand,
(b) public reprimand,
(c) a reduction in the salary of up to 10% for a maximum period of three months.
(2) The lawyer may oppose the decision of the Association Committee within 15 days of its receipt. The Board of Directors shall decide on the appeal.
Supervision of the Minister of Justice
Supervision of the activities and management of the advocacy belongs to the Minister of Justice. In doing so, the Minister of Justice shall ensure that the advocacy performs its tasks under the law and that its management is consistent with those set out in the National Economy Development Plan and the State Budget.
The Minister of Justice shall revoke the decisions and measures of the Association and of the Headquarters which are contrary to or of general interest, or cease to be exercised.
Transitional and final provisions
The headquarters of legal advice shall be deleted; his rights and obligations are transferred to the Institute of Czechoslovak Advocacy.
Since the law's effectiveness, existing members of legal advice have become members of the Association in whose district the legal advisory office is located.
Act No. 114 / 1951 Coll., on the Lawyer, is hereby repealed. *)
This Act shall take effect on the day of its publication.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
*) The decree of the Minister of Justice of 23 January 1959 establishing the Rules of Procedure of the Institute of Law Councils is also repealed.
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Regulation Information
| Citation | Act No. 57 / 1963 Coll., on the Advocate General |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.1963 |
|---|---|
| Effective from | 19.07.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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