Regulation No 90 / 1953 Coll.
Regulation implementing the provisions of § 4 (2) of Act No. 33 / 1953 Coll., on legal practice and professional examination in the field of justice and prosecution
Valid
Effective from 12.12.1953
90.
Order of the Minister of Justice
of 20 November 1953
implementing the provisions of Section 4 (2) of Act No. 33 / 1953 Coll., on Legal Practices and Expert Exam in Justice and Prosecution.
The Minister of Justice, in agreement with the Minister of National Defence and the Prosecutor General, hereby orders, pursuant to § 4 (2) of Act No. 33 / 1953 Coll., on legal practice and professional examination in the field of justice and prosecution:
The legal practitioner may, with legal effect, carry out the following acts which are otherwise legally reserved for the prosecutor:
(a) acts in preparation for criminal offences falling within the jurisdiction of the District Attorney (lower military), with the exception of the decision on detention, the order for the accused to be observed in a public institution (§ 124 (2) and (4)), the order for the issue of consignments (§ 83 (3)), the issue of a search warrant (§ 132 (3)), the opening of consignments (§ 135 (3)) and the order for the securing of the defendant's property (§ 283 (3), the decision to stop the proceedings and bring the action;
(b) represent an action in criminal proceedings for which the law provides for a custodial sentence of up to five years;
(c) intervention at public and private court meetings, with the exception of recovery proceedings for an offence for which the law provides for a death penalty or a custodial sentence of more than 5 years, a complaint procedure for infringement and extradition proceedings;
(d) to decide on the amount of the costs of criminal proceedings and on the amount of remuneration referred to in the second sentence of Paragraph 72 (1) (a);
(e) acts relating to the execution of a custodial sentence, corrective action and ancillary penalties, with the exception of the authorisation of the postponement and suspension of the execution of the sentence, the abandonment of the sentence and the application for conditional release of the sentenced;
(f) to make oral submissions to the Protocol.
The legal candidate may, with legal effect, perform the following acts which are otherwise reserved by law to the judges:
(a) the handling of requests in criminal and civil matters;
(b) the acts referred to in Section 156 of the Rules of Procedure for the Courts (Order of the Minister of Justice No 95 / 1952 Coll.), with the exception of the consideration of the inheritance provided for in Act No. 139 / 1947 Coll., on the distribution of the survivors with agricultural holdings and on the avoidance of the crumbling of agricultural land;
(c) verification of copies and signatures, except where higher verification is required;
(d) the drawing up of the protocols referred to in Article 13 (1) (a) o. p. o.;
(e) drawing up proposals in criminal and civil matters, with the exception of legal remedies in the proceedings of civil actions orally.
The legal candidate may perform the following acts with legal effect, which are otherwise legally reserved for the notary:
(a) the acts by which the court mandates the state notaries, with the exception of the consideration of the inheritance provided for in Act No. 139 / 1947 Coll., on the distribution of the survivors with agricultural holdings and on the prevention of the crumbling of agricultural land;
(b) drawing up notarial entries pursuant to § 15 (2) (a) to (d) of the Law on State notaries, except where higher verification is required;
(c) the verification of copies (Section 18 of the State notaries Act), except where higher verification is required;
(d) the drawing up of documents and documents not having the character of authentic instruments pursuant to Article 24 of the Law on State notaries (in particular, applications for the approval of acts by a guardian or guardian pursuant to Section 256 of the Code and applications for admission to the transfer of real estate or the lease of agricultural and forestry land pursuant to Act No 65 / 1951 Coll., on the transfer of real estate and land leases).
The authorisation provided for in the previous provisions of this Regulation is for legal candidates to pass the professional examination provided for in Act No. 33 / 1953 Coll., on legal practice and professional examination in the field of justice and prosecution.
This Regulation shall enter into force on the day of its publication.
Broad v. r.
Dr Skoda v. r.
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Regulation Information
| Citation | Regulation No. 90 / 1953 Coll., implementing the provisions of § 4 (2) of Act No. 33 / 1953 Coll., on legal practice and professional examination in the field of justice and prosecution |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.1953 |
|---|---|
| Effective from | 12.12.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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