244/1996 Coll.
The DECREE
The Ministry of Justice
of 20 December. in August 1996,
that, according to Act No. 85/1996 Coll., on advocacy, provides for disciplinary order of the
(the bar disciplinary regulations)
Change: 246/1999 Sb.
Change: 265/2009 Sb.
Change: 485/2012 Sb.
The Ministry of Justice shall, after the expression of the Czech Bar Association
According to § 51 paragraph. 1 of Act No. 85/1996 Coll., on advocacy, (hereinafter referred to as
the "law"):
PART THE FIRST
THE PARTICIPANTS IN THE DISCIPLINARY PROCEEDINGS AND DISCIPLINARY AUTHORITIES
§ 1
The participants in the disciplinary proceedings
Participants in the disciplinary proceedings are the disciplinary prosecutor and the lawyer or law firm
Clerk, against whom the disciplinary proceedings (hereinafter referred to as "kárně
the accused ").
The Disciplinary Chamber
§ 2
(1) the Chairman of the disciplinary Commission of the Czech Bar Association (hereinafter referred to as "the President of the
Disciplinary Commission ") without delay after the initiation of disciplinary proceedings (article 7 (1))
in writing, appoint a disciplinary board pursuant to section 33, paragraph. 1 of the Act and shall appoint its
the President of the.
(2) a member of the Disciplinary Chamber shall cease
and on the day) removed from the list of lawyers;
(b) the date of the suspension of the exercise of advocacy);
(c)) date of when the Member ceased to be a member of the disciplinary Senate disciplinary Commission;
d) date on which the Member of the Disciplinary Chamber shall be excluded from the hearing and
deciding things;
(e) the date of removal from post) a member, where appropriate, the Chairman of the Disciplinary Chamber.
(3) if the function is extinguished one of the members of the Disciplinary Chamber, the Chairman of the disciplinary
the Commission shall without delay, in writing, appoint a new Member, or designate a new
the Chairman of the Disciplinary Chamber. Yet again, the evidence shall be made only
in the event that it suggests one of the participants in the disciplinary proceedings.
§ 3
(1) hearing and deciding the matter is expelled a member of the disciplinary board,
for which you have a reasonable doubt about the impartiality of his relationship to the
the present case, to the participants of the disciplinary proceedings or to their representatives.
As soon as the Disciplinary Chamber is aware of the facts, for that is the
excluded, it shall notify without delay to the President of the disciplinary Commission; the decision of the
Chairman of the disciplinary Commission referred to in paragraph 2 may be only such acts,
that kid.
(2) on the exclusion of a member of the Disciplinary Chamber of the reasons referred to in paragraph 1
shall decide, without delay, to the objection of the participant the disciplinary proceedings or on the initiative of
Member of the disciplinary chamber Chairman of the disciplinary Commission.
(3) the party to the disciplinary proceedings is obliged to file an objection in accordance with paragraph
2 not later than 15 days after the day on which it was delivered to the communication on the composition of the
the Disciplinary Chamber (§ 8); He did not know if the participant in this time of reason
the exclusion or if this was the reason later, objection may apply to the
15 days after being aware of it. The opposition charged later
be taken into account.
(4) an objection submitted to the President a participant disciplinary proceedings disciplinary Commission
submission to to the headquarters of the Czech Bar Association (hereinafter referred to as
"The Chamber").
(5) the opposition shall be stated, against which the Member of the Disciplinary Chamber
points, in what is considered to be the reason for the doubts about his impartiality,
or, when it is party to the disciplinary proceedings filing the objection
the learned; the proposed evidence must be attached.
§ 4
In writing if so requested by a member of the Disciplinary Chamber of the appeal from the Member of the disciplinary
the Senate, the Chairman of the disciplinary Commission shall withdraw it from function, if the reasons for the
the application of special attention worthy.
§ 5
Disciplinary Appeal Board
(1) the Chairman of the disciplinary Commission of the Board of appeal without delay after he was
the Chairman of the disciplinary Commission submitted the appeal [section 26 (2) (b))],
in writing, appoint a disciplinary board of appeal (hereinafter Board of appeal ") and
appoint its Chairman.
(2) the provisions of § 2 (2). 2 and 3, § 3, 4, 8 and section 13 (3). 3 applies to
the Board of appeal and for its members, mutatis mutandis, with the fact that
and member of the Board of appeal) pursuant to § 2 (2). 2 (a). (c)) shall cease
the date when a member of the Board of appeal ceased to be a disciplinary Commission;
(b)) decision according to § 2 (2). 3, section 3, paragraph 3. 2 and § 4 is the responsibility of the President of the
the appellate disciplinary Commission;
(c)) is also excluded Member of the Board of appeal, which participated in the
hear and determine the matter as a member of the Disciplinary Chamber;
(d)) to specify where the meetings of the Board under section 13 (3). 3 it is for the
the Chairman of the Board of appeal;
(e) the names of the members of the disciplinary board of appeal) of the Senate, along with lessons on the law
objection pursuant to section 8 of the bias shall notify the participants in the disciplinary proceedings
the Chairman of the Board of disciplinary appeals immediately after the Commission of the provisions
the Disciplinary Chamber pursuant to paragraph 1.
§ 6
cancelled
PART THE SECOND
DISCIPLINARY ACTION
section 7 of the
(1) Disciplinary action is submitted to the President by submitting to the disciplinary Commission of the
to the headquarters of the Chamber; disciplinary proceedings are initiated on the date when the disciplinary action
The Chamber delivered.
(2) Disciplinary action must be filed in writing and must include, in particular, a description of the
deed, which is seen as a disciplinary offence, the justification and the proposal on the
evidence in disciplinary proceedings; in the grounds of disciplinary action is to be
State the legal obligation, which is the disciplinary prosecutor accused.
If no disciplinary action following the formalities, shall invite the President of the disciplinary
the disciplinary Commission of the plaintiff, to defects submission removed no later than 15 days
the date on which he was such a challenge.
(3) the Chairman of the disciplinary Commission shall transmit without delay to the Council shall exercise disciplinary action in a manner
referred to in the Act, 55e kárně § accused (hereinafter referred to as "kárně the accused").
§ 8
At the same time sending out disciplinary action shall inform the Chairman of the disciplinary kárně the accused
participants in the disciplinary proceedings, the Commission the names of the members of the disciplinary chamber with lessons
on the right of objection bias (section 3, paragraph 2 to 5). The Chairman of the disciplinary
Furthermore, the Commission shall invite the accused to kárně no later than 15 days from the
the day when he was delivered to the disciplinary action, disciplinary action, in writing
comment; representation of the President of the disciplinary Commission is served by filing
addressed to the headquarters of the Chamber.
§ 8a
The Chairman of the disciplinary Commission shall be forwarded to the Chairman of the disciplinary chamber disciplinary file without
delay after
and the time limit has expired in vain) kárnému the plaintiff to remove defects in the disciplinary
Action (section 7 (2));
(b)) has received to disciplinary action in accordance with section 8, no later than three
weeks after he learned about the service of disciplinary action kárně the accused.
§ 9
If the deed made concerning the same disciplinary action the two applicants, kárnými
stop with the disciplinary proceedings initiated on the basis of the disciplinary action, the later arrivals.
§ 10
(1) the Council shall exercise disciplinary action may take disciplinary prosecutor back to a time before the punitive
the Senate, or in appeal proceedings the Board of appeal to consultation; After
the opening of negotiations of the Disciplinary Chamber may do so only with the consent of kárně
of the accused.
(2) if the disciplinary action is withdrawn pursuant to paragraph 1, the disciplinary proceedings,
stops.
PART THE THIRD
STOP AND INTERRUPT THE DISCIPLINARY PROCEEDINGS
§ 11
(1) the disciplinary board disciplinary proceedings stops:
and) for reasons mentioned in section 9 or section 10;
(b)) if the disciplinary action is submitted late;
(c)), the surgeon to the plaintiff punitive disciplinary action the defects within the time limit designated in accordance with
§ 7 (2). 2 and in disciplinary proceedings could not continue for this lack of;
(d)) was a kárně from the list of lawyers, the accused or the list
legal executives; This does not apply in the case of removal under section 7b
paragraph. 1 (a). (g)), section 8 (2). 1 (a). (d)) and section 37, paragraph. 4 (b). (b)) of the Act;
(e)) was a kárně the accused for the offence that is the subject of any disciplinary action,
affected in other proceedings, if such penalties in terms of the purpose of the disciplinary
proceedings be regarded as sufficient;
(f)) if the subject of disciplinary action, the Act referred to in section 62, paragraph. 2 of the Act, and
disciplinary action was made the Minister of Justice;
(g)) after the time limit under section 12, paragraph. 1 (a). and (b))).
(2) the disciplinary board may stop disciplinary proceedings, if the disciplinary measures, to
disciplinary proceedings which may lead, entirely without significance compared to kárnému
the measures, which can be stored in another the accused kárně Karna
the proceedings, which is against this kárně the accused already conducted.
(3) the decisions referred to in paragraphs 1 and 2 may be made without a hearing.
§ 12
(1) the disciplinary board disciplinary proceedings,
and if kárně) was deleted from the list of lawyers of the accused under section 7b, paragraph.
1 (a). (g)) or under section 8 (2). 1 (a). (d)) of the Act, the maximum period of
5 years, or
(b)) was a kárně the accused from the interns
pursuant to section 37, paragraph. 4 (b). (b)) of the Act, the maximum period of 3 years.
(2) the disciplinary board may suspend disciplinary proceedings, if it was on the deed,
that is the subject of disciplinary action, instituted against the accused kárně management
before another authority, up to the time when it will be found by
decided.
(3) the decision of the Disciplinary Chamber pursuant to paragraphs 1 and 2 may be adopted without
the negotiations; about the interruption of the proceedings without delay, inform the Chairman of the disciplinary
the Senate the disciplinary prosecutor and, in the cases referred to in paragraph 2 and kárně
of the accused.
PART THE FOURTH
THE PROCEEDINGS BEFORE THE DISCIPLINARY TRIBUNAL
The negotiations
section 13
(1) if the disciplinary board Decides about suspension or interruption of the disciplinary
proceedings, the Chairman of the Disciplinary Chamber shall order, in agreement with the other members of the
the disciplinary Senate hearing to discuss things, and so to be held
as a general rule not later than three months from the date when he received from the President of
Disciplinary Commission disciplinary file. The Chairman of the Disciplinary Chamber shall invite participants
the disciplinary proceedings, their agents, and other persons whose presence is
When the negotiations should be.
(2) the Chairman of the Disciplinary Chamber shall prepare the negotiations, so that it can be about things
decide when a single rule negotiations.
(3) the hearing shall take place in accordance with the determination of the Chairman of the Disciplinary Chamber in the headquarters
Chamber of Commerce in Prague or in a branch of the Chamber of Commerce in Washington.
(4) the summons to a hearing must be participants in the disciplinary proceedings and their
representatives delivered at least five working days before the date on which the
the meeting is to take place.
§ 14
(1) the Conduct takes place in the presence of all the members of the Disciplinary Chamber.
(2) the hearing is closed to the public; the provisions of § 18 paragraph. 3 this does not prejudice.
§ 15
(1) the Chairman of the disciplinary chamber controls.
(2) the Chairman of the Disciplinary Chamber shall be the appropriate measures to ensure that the negotiations
intended to measure materials for a fair assessment and decision
things and that was dignified and undisturbed; the President of the Senate shall act in
all things related to the leadership of the disciplinary proceedings before the disciplinary
the Senate, which are not law or disciplinary regulations conferred on this kárnému
the Senate or another authority of the Chambers.
(3) on the opposition, who disagrees with the measure or decision,
President of the Senate, that pursuant to paragraph 2 has made in the negotiations, decides
the Disciplinary Chamber.
section 16 of the
(1) when the first negotiations cannot act in the absence of the disciplinary prosecutor.
(2) Failed to properly kárně is summoned to the hearing, the accused or
pursuant to paragraph 3 of the requested an adjournment of the hearing, the Disciplinary Chamber may be
in his absence.
(3) when there is an obstacle, for which negotiations cannot be performed or
continue, Chairman of the Disciplinary Chamber shall decide to adjourn the meeting.
The Chairman of the Disciplinary Chamber may decide to adjourn the negotiations also on
the basis of a duly substantiated request kárně the accused, if it receives a
by the start of the negotiations, if on the kárně of the accused
occurred in unpredictable and not caused obstacles by itself.
§ 17
cancelled
section 18
(1) Evidence in disciplinary proceedings before the disciplinary tribunal can be carried out under the conditions
laid down in § 33 paragraph. 6 of the Act.
(2) Witnesses, as well as persons who were asked about the filing or submission
evidence must be briefed on that, so they need not in
disciplinary proceedings before the Disciplinary Tribunal; If so, it must be
briefed on the importance of the testimony for the proper findings of fact
State.
(3) the disciplinary action against the bar Chairman's koncipientovi
the Disciplinary Chamber shall request from the lawyer, to which the law clerk in
employment, a written representation to the previously used during his practice.
The Chairman of the Disciplinary Chamber shall inform the lawyer of the hearing and allow him
the participation on it.
§ 19
(1) the Chairman of the Disciplinary Chamber shall initiate Negotiations; then grant the word kárnému
applicants to read the disciplinary action. After reading the disciplinary action will allow
the Chairman of the disciplinary chamber kárně the accused, to disciplinary action
comment. If it is treated in the absence of the accused, kárně, reads his
a written representation to the disciplinary action, was presented.
(2) after the end of the taking of evidence shall grant the Chairman of the disciplinary chamber participants
the disciplinary proceedings, the word to the final talk. First, the plaintiff and the punitive speaks
After a representative of the kárně of the accused; the last time the accused speaks kárně. If
kárně the defendants more, determine the order of the final language of the accused, and kárně
their representatives the Chairman of the Disciplinary Chamber.
section 20
(1) the Chairman of the Disciplinary Chamber shall convene a meeting of the Disciplinary Chamber for the adoption of
as a rule, immediately after the decision of the final speech.
(2) the decision of the Disciplinary Chamber shall be taken by vote.
section 21
(1) on the progress of negotiations to provide the Protocol; the Chairman of the Disciplinary Chamber
Specifies to write the log writer, which may be one of the members of the
the Disciplinary Chamber.
(2) in particular, the Protocol designates the present case shall be present,
portrays the progress of evidence and indicate the contents of the přednesů and statement
decision.
(3) the Protocol shall be signed by the Chairman of the Disciplinary Chamber and the writer; Protocol
the vote shall be signed by all members of the Senate and the writer.
The decision of the Disciplinary Chamber
section 22
Stop if the disciplinary board disciplinary proceedings or will not interrupt the disciplinary proceedings of the
the grounds referred to in section 12, paragraph. 2, the disciplinary board accused the disciplinary kárně
actions either exempt, or say that the accused committed the disciplinary kárně
wrongdoing, and saves his disciplinary measures, except for the case provided in § 32
paragraph. 5 of the Act.
section 23
Disciplinary board disciplinary actions of the accused, kárně release:
and if it has not been proven), that became an offence for which the disciplinary action
has been made;
(b) if it has not been proven) that the offence for which the disciplinary action,
kárně committed the accused;
(c)) is not a deed, for which the disciplinary action, disciplinary
the offense.
section 24
(1) the disciplinary board, that the accused committed the disciplinary kárně
If wrongdoing was proven, that became the deed, for which the
disciplinary action is made, that this deed is a disciplinary offense and that it
committed kárně the accused.
(2) when deciding on the imposition of the disciplinary measures waiving according to § 32
paragraph. 5 of the Act, and when saving the disciplinary measures Disciplinary Chamber shall take into account
in particular, the nature of the offence and its consequences, the circumstances in which it was
committed to the person of the accused and the extent of its kárně fault, as well as to its
personal circumstances.
§ 25
The Chairman of the Disciplinary Chamber shall declare the decision immediately after the end of the
the meeting referred to in section 20; It shall indicate the substantial grounds on which disciplinary chamber to
the adoption of the decision, and instruct participants in the disciplinary proceedings of the
resource.
PART THE FIFTH
THE APPEAL AND THE PROCEEDINGS FOR HIM
section 26
Appeal
(1) an appeal against a decision of the Disciplinary Chamber shall be submitted to the Chairman of the disciplinary
the Commission's submission addressed to the headquarters of the Chamber.
(2) the Chairman of the disciplinary Commission without delay after the appeal was delivered,
and the original or a copy) the appeal shall be sent to other participants in the disciplinary
the proceedings. At the same time, it will prompt them to within two weeks to appeal
comment in writing and this written statement submitted to the President of
the appellate disciplinary Commission;
(b) the notice of appeal together with) shall submit documentation to the Chairman of the disciplinary board of appeal disciplinary
of the Commission.
The proceedings before the Board of appeal
section 27 of the
(1) the Chairman of the Board of appeal shall order the hearing to hear the appeal
only in the event that it is necessary to the proper assessment of the case.
(2) For the hearing before the Board of appeal shall apply mutatis mutandis to the provisions of
§ 13 to 21; the evidence usually do not.
section 28
The Board of appeal shall examine the statement referring to the contested decision, as well as
the correctness of disciplinary proceedings, that this decision was preceded by; shall take into account
Yet even for defects that are not citing admittedly if you have
result in incorrect decisions in the matter.
section 29
(1) the Board shall cancel the appeal in the contested decision and disciplinary proceedings
stops if they are to the reasons listed in section 11.
(2) if in the time before the Board of appeal to take, or removes if not
in the appeal proceedings ordered by the date of the negotiations preceding the date when the
the Board shall discuss the appeal, the appeal taken back, the Board of appeal
appeal to stop; This does not apply if the appeal filed against the same
statement and the other party to the disciplinary proceedings and the appeal was taken back only
one of them.
section 30
Based on the appeal of the contested decision correctly established
the facts, or if additional evidence in proceedings before the
the Board of appeal the facts found so that it can be about things
to decide, in the contested decision the Board of appeal and the appeal cancels the
decides on the merits, if the
and the reference in the contested decision) it was alleged that the accused kárně
committed a disciplinary offence, although the conditions were not fulfilled, referred to in section
24 paragraph. 1;
(b) the reference in the contested decision) was imposed disciplinary measures, which
It is due to the aspects referred to in section 24, paragraph. 2 unduly strict.
section 31
The Board of appeal in the contested decision cancels and returns kárnému
Senate for further proceedings and decisions, if
and the Disciplinary Chamber) disciplinary proceedings stopped, though it had not been given reasons for
referred to in section 11;
(b) the disciplinary chamber kárně) accused the disciplinary action was, although not
compliance with the conditions referred to in section 23;
(c) disciplinary measures) is due to the aspects referred to in section 24, paragraph.
2 unreasonable or if it has been abandoned since the imposition of the disciplinary measures,
Although they are not satisfied the conditions for such a procedure provided for in § 32 paragraph.
5 of the Act;
(d)), the contested decision is based on the reference incorrectly identified
the facts;
e) suffers from the disciplinary proceedings before the disciplinary Senate serious defects for such
defects must be considered, in particular, violations of the provisions of the law or of this
the disciplinary regulations, which has secured the proper assessment of the matter, or
violations of the rights of the accused, kárně referred to in section 33, paragraph. 5 of the Act.
§ 32
The Board of appeal shall reject the appeal and the decision to endorse, if
and the appeal was lodged out of time);
(b) an appeal has been lodged by a person), who is not authorized to appeal,
or a person who has the right of Appeal expressly gave up, or by the person
which again appealed, although his previous appeal took back;
(c)) is not reason to the procedure under section 30 or section 31;
(d)) are reasons to cancel the appeal the contested decision referred to
(a) in section 31. and (b))), but the appeal was lodged only kárně the accused;
(e)) is given the reason for the abolition of the citing of the contested decision referred to in section
31 (a). (c)) consisting in the fact that imposed disciplinary measures is due to the
aspects referred to in section 24, paragraph. 2 unreasonably mild, or that
It was abandoned since the imposition of the disciplinary measures, although not met
the conditions for such a procedure provided for in § 32 paragraph. 5 of the Act, but
the appeal was filed only kárně the accused.
section 33
The proceedings before the disciplinary tribunal after the annulment of the decision
(1) if the decision of the disciplinary chamber cleared the Board of appeal pursuant to section
31, the Disciplinary Chamber in the new data-bound control the legal opinion of the appellate
the Senate.
(2) if the decision of the disciplinary chamber cleared the Board of appeal of the
the grounds referred to in section 31 (a). c), (d) or (e))) on the basis of an appeal that
He handed the only accused, not kárně in the new proceedings before the Disciplinary Tribunal
the decision to change in its detriment.
PART SIX
RESTORATION OF THE DISCIPLINARY PROCEEDINGS
§ 34
(1) a proposal for the renewal of the disciplinary proceedings is served the President of the disciplinary Commission of the
by submitting to the headquarters of the Chamber of Commerce. The proposal must be submitted in writing and
must contain the indication of the facts or evidence, to be the reason
to restore the disciplinary proceedings (section c and 35 c, paragraph 2, of the Act); the provisions of section 7 (1). 2
the second sentence and article 10 shall apply mutatis mutandis.
(2) the Chairman of the disciplinary Commission shall send the draft to the disciplinary proceedings other renewal
the participants of the original disciplinary proceedings to express; the provisions of § 8 is
apply mutatis mutandis.
section 35
(1) the disciplinary board to discuss the proposal on the renewal of the disciplinary proceedings shall designate
the Chairman of the disciplinary Commission; follows, mutatis mutandis, by sections 2 to 4.
(2) the disciplinary board will discuss a proposal on the renewal of the disciplinary proceedings mutatis mutandis in accordance with
part of the third and fourth; the negotiations may not be ordered.
section 36
(1) the provisions of the Board of appeal for consideration of the appeal against the
decision on the proposal to allow the renewal of the disciplinary proceedings shall proceed
the Chairman of the disciplinary Commission of appeal mutatis mutandis under section 5.
(2) in proceedings for an appeal against a decision on the proposal for renewal of the authorisation
the disciplinary proceedings the Board of appeal shall proceed mutatis mutandis in accordance with section 5.
§ 37
(1) as soon as it takes the decision about reopening the disciplinary
proceedings, the disciplinary board appointed under section c and 35 c of paragraph 1. 4 of law thing again
discuss; taking into account everything came out as in the original
disciplinary proceedings and in the proceedings for a proposal to permit recovery of the disciplinary
the proceedings.
(2) if the final decision on reopening the disciplinary proceedings only
on a proposal from the kárně of the accused, he cannot be saved in the new disciplinary proceedings
disciplinary measures if it was in the original disciplinary proceedings from his store
abandoned, or cannot be imposed more stringent disciplinary measures than what
the original decision was imposed.
PART SEVEN
COMMON PROVISIONS ON DECISIONS IN DISCIPLINARY PROCEEDINGS
section 38
(1) the decision by which the proceedings before the disciplinary tribunal or appeal
Senate ends, received in the negotiations must be the Chairman of the Disciplinary Chamber
or the Chairman of the Board of appeal published in the manner referred to in section 25.
(2) the measures adopted in the negotiations by the Chairman of the Disciplinary Chamber or
the Chairman of the Board of appeal pursuant to § 15 paragraph. 2 and disciplinary appeal or
the Board of appeal pursuant to section 15, paragraph. 3 shall be Chairman of the Senate
opened.
(3) if the decision Was taken without a meeting, the operative part of the decision in writing
records; the provisions of § 21. 2 and 3 are assumed to apply mutatis mutandis.
section 39
(1) a written copy of the decision determining the proceeding before the Disciplinary Tribunal
or before the Board of appeal ends, it must be delivered to the participants
your own hands; the participants of the original disciplinary proceedings must be as follows
delivered a written decision of the Disciplinary Chamber of the proposal on the renewal of the authorisation
the disciplinary proceedings and written copy of the decision of the Board of
appeal against the decision of the Disciplinary Chamber. A lawyer or
bar koncipientovi is delivered in the manner specified in § 55e law.
(2) the decision referred to in paragraph 1 of the adopted disciplinary appeal must
contain a statement of grounds and lessons on appeal pursuant to § 35 paragraph. 1
section of the Act or paragraph c and 35 c. 4 of the Act.
(3) the decision referred to in paragraph 1 adopted by the Board of appeal must
contain a statement of grounds and lessons about the possibility of its review in the
the administrative judiciary. ^ 1)
PART EIGHT
THE PROVISIONS OF THE COMMON, TRANSITIONAL AND FINAL
section 40
(1) acts in the disciplinary proceedings and in the proceedings of the disciplinary proceedings to enable recovery
outside of the negotiations shall be the Chairman of the disciplinary board and the appeal proceedings
the Chairman of the Board of appeal; the President of the Senate may delegate the carrying out
These operations, another Member of the Senate. On the implementation of the Act shall record.
(2) the lawyer's Credentials by performing the preparatory steps to
examination of whether there was wrongdoing by karnej § 33 paragraph. 3 of the Act,
must be made in writing and must be clear from it, that stuff is concerned.
§ 41
The disciplinary file
(1) the Chairman of the disciplinary Commission shall establish, after he concluded that disciplinary action, disciplinary
the file. Under the leadership of the disciplinary file corresponds to the Chairman of the disciplinary board and in
appeal Chairman of the Board of appeal.
(2) the part of the disciplinary file of disciplinary action are, in particular, the written
representation, negotiations, appeals, and records, as well as other
the documents and other evidence, which were in the course of the disciplinary
the management of the participants of the disciplinary proceedings submitted to or in accordance with the law and
This disciplinary procedure kárnými authorities obtained.
(3) The disciplinary file are entitled to inspect and do it's listings
the participants in the disciplinary proceedings and their representatives; for important reasons so
can do with the consent of the President of the disciplinary Commission and of any other person. About
access to the disciplinary file shall record that is part of it.
(4) the Disciplinary Chamber saves the file after a period of eighty years to the day when they have acquired
the decision, which the disciplinary proceedings ended.
(5) after the expiry of the period referred to in paragraph 4, the Chamber shall proceed in accordance with
special legislation. ^ 2)
section 42
(1) Disciplinary proceedings and disciplinary proceedings instituted before the date of effectiveness of the
According to the existing law rules ^ 3) completes the disciplinary Chambers
the Chairman of the disciplinary Commission shall designate without delay after the entry into force of this
the Decree; the provisions of sections 2 to 4 are used appropriately.
(2) the procedure for appeals against decisions of the disciplinary boards
established according to present regulations ^ 4) completes the Board of Directors.
(3) the procedure for appeals against decisions of the disciplinary boards
established according to present regulations ^ 5) completes the Board of Directors.
(4) on appeals and appeals against the decision of the disciplinary
the chambers referred to in paragraph 1 shall be decided by the Board of Directors.
§ 43
The provisions of section 41, paragraph. 3 and 4 is to be used on the writings incurred in disciplinary or
disciplinary proceedings conducted under the former regulations, if these
the procedure was legally completed in the effective date of this order.
§ 44
This Decree shall take effect on the date of publication.
Minister:
JUDr. Kalvoda v. r.
Selected provisions of the novel
Article. (II) Decree No. 265/2009 Sb.
Transitional provisions
1. The provisions of article. I, points 3, 5, 6, 8 and 13 shall not apply to disciplinary proceedings
initiated before the date of entry into force of this order.
2. The provisions of article. I, points 4, 14 and 15 shall not apply to proceedings relating to
appeals against the decision of the Disciplinary Chamber, which shall be decided by the Board of appeal
the Senate according to the article. (II) section 4 of Act No. 219/2009 Coll., amending Act
No. 85/1996 Coll., on the legal profession, as amended, and some
other laws.
Article. (II) Decree No. 185/2012 Sb.
The transitional provisions of the
Disciplinary proceedings, which were not on the date of entry into force of this order
been completed, according to the Decree completes no 244/1996 Coll., in
the texts of the effective date of the entry into force of this order.
1) § 247 et seq.. Act No. 99/1963 Coll., the code of civil procedure.
2 CNR) Act No 97/1974 Coll. on archives, as amended
regulations.
3) Law No 128 CNR/1990 Coll. on advocacy.
The CZECH NATIONAL COUNCIL Act No. 209/1990 Coll., of the commercial lawyers and legal assistance they
provided by the.
section 28, paragraph 4). the CZECH NATIONAL COUNCIL Act No. 128/1990 Coll.
section 24, paragraph 5). the CZECH NATIONAL COUNCIL Act No. 209/1990 Coll.
