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To Change The Code Of Civil Procedure And The Act On The Legal Profession

Original Language Title: změna občanského soudního řádu a zákona o advokacii

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205/2005 Sb.



LAW



of 3 July 2003. in May 2005,



amending the Act No. 99/1963 Coll., the code of civil procedure, as amended by

amended, and Act No. 85/1996 Coll., on the legal profession, as amended by

amended



Parliament has passed the following Act of the United States:



PART THE FIRST



To change the code of civil procedure



Article. (I)



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994

Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., Constitutional Court declared under no. 31/1996 Coll., Act No.

142/1996 Coll., the Constitutional Court declared under no. 269/1996 Coll.,

Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,

Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.

Act No. 360/1999 Coll., the Constitutional Court declared under no.

2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.

46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.

155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.

227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.

120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.

273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.

Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.

Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

Constitutional Court declared under no. 476/2002 Coll., Act No.

88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court declared

under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,

Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.

Act No. 561/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll.

Act No. 59/2005 Coll. and Act No. 170/2005 is amended as follows:



1. In article 35, the following paragraph 4 is added:



"(4) the Court shall inform the public prosecutor of initiation referred to in paragraph 1

(a). (e)), and (g)). ".



2. In § 140 para. 2, after the words "party representative" shall be replaced

"or a guardian for the proceeding".



3. In article 186 paragraph. 2 the term "investigated" shall be replaced by "persons of

whose capacity to perform legal acts (hereinafter referred to as "the prisoner") ".



4. In article 186 paragraph. 3, the words "three years" shall be replaced by the words "one year after the

date of legal effect to this decision. "



5. In article 187 paragraph 1 reads:



"(1) the prisoner is entitled to be represented in the proceedings as a party

the representative, whose chosen; about it and about his other procedural rights and

responsibilities (section 5) the examination must be advised. If you have not chosen

no representative of the President of the Senate, appoint a guardian for him

proceedings from the ranks of attorneys. ".



6. In paragraph 187 at the end of paragraph 2 the following sentence "If the prisoner himself

requests to be heard, the Court shall hear him. ".



7. In § 187 para. 3 the second sentence, the words "three months" are replaced by the words

"six weeks".



8. § 188 is repealed.



9. § 189 reads as follows:



"§ 189



The Court may decide to waive the receipt of the decision on the eligibility of the

legal capacity, if the conclusions of the expert opinion (§ 187 para.

3) the addressee does not understand the meaning of the decision. ".



10. In § 191 para. 1 shall be inserted after the first sentence the phrase "does not apply, however, the costs

legal representation, with the exception of the cases referred to in § 30 paragraph 2. 2 of this

of the law. ".



11. In § 191 para. 2, after the words "its agents", the words ",

the guardian for the proceeding ".



12. in section 191a of paragraph 1. 1 the words "(hereinafter referred to as" sick ") ' shall be deleted.



13. in section paragraph 191b 1, after the words "pursuant to section 191a" words "(hereinafter referred to

"placed") ".



14. in section paragraph 191b 1 the word "until" shall be replaced by "pursuant to section 191a of paragraph 1.

1 or restrictions under section 191a of paragraph 1. 2 (hereinafter referred to as "takeover") and other

possession in ".



15. in paragraph 2 of § 191b reads as follows:



"(2) is entitled to be represented in the proceedings as a party

the representative, whose chosen; about it and about his other procedural rights and

responsibilities (section 5) must be located, if his health

permits, advised. If you elect a representative, he placed the President

the Senate of the guardian to control from the ranks of attorneys. ".



16. in section paragraph 191b 3 the words "(section 191a of paragraph 1. 1 and 2) "are deleted.



17. in paragraph § 191b 3, the word "sick" shall be replaced by

"placed".



18. in section paragraph 191b 3, after the words "doctor", the words "

or any other persons whose hearing placed requests; by

not prejudice the right of the Court to refuse to perform the hearing of persons who

located suggested, unless it is clear what the interrogation may be found ".



19. in paragraph 191c paragraph. 1, after the word "unless" following the word "the" and the word

"(the guardian)" shall be replaced by the words "or a guardian for the proceeding".



20. In paragraph 191d paragraph. 1 the words "reasons and placed is limited or

excluded from "shall be replaced by" reasons, and placed in the "continues to be limited.



21. in section 191d paragraph 2 reads as follows:



"(2) to determine the State of health and determine whether additional

the Institute is currently in the possession of, or is not necessary, the Court will appoint an expert.

An expert cannot be appointed doctor who works at the Institute, in which the

located kept. ".



22. in paragraph 191d paragraph. 3 the words "and its representative (guardian)" are replaced by

the words ", his representative or guardian to control".



23. section 191f:



"§ 191f



Located, his Deputy, the guardian and the person close to him can still

before the expiry of the period in which it is held by permitted to apply for the new

examination and decision of release, if it is justified by the assumption that

the next possession at the Institute is not justified. On the method of consultation applies

paragraph 191d paragraph. 2 to 4 apply mutatis mutandis. If the Court rejects the proposal repeatedly

for release and cannot be expected to improve the State placed, can

decide that further investigation will not take place before the expiry of the period for

which was held in the Institute allowed. ".



PART TWO



Amendment of the Act on the legal profession



Article II



Act No. 85/1996 Coll., on the legal profession, as amended by Act No. 210/1999 Coll.

Act No 120/2001 Coll., Act No. 6/2002 Coll., Act No. 229/2002 Coll.

Constitutional Court declared under no. 349/2002 Coll., Act No.

192/2003 Coll., Act No. 235/2004 Coll., Act No. 283/2004 Coll. and act

No 555/2004 is amended as follows:



1. In paragraph 1, at the end of paragraph 2 the following sentence "the provision of legal

services means the activity also guardian to control set up by the

According to a special legal regulation ^ 1), if performed by a lawyer. ".



Footnote 1:



' 1) for example, § 187 para. 1 and § 191b para. 2 of the code of civil procedure,

section 91 paragraph 2. 2 of the Act on the judiciary in matters of youth. ".



The existing footnote 1-1b are referred to as comments below

line no. 1a to 1 c, including the references to footnotes.



2. In § 33 para. 3 the words "part of the sentence after the semicolon shall be replaced by

"second sentence".



3. In § 41 para. 1 (b). (f)) and § 52 para. 2 the words "the Czech Bar Association

the Chamber "shall be replaced by" Chambers ".



4. In § 42 para. 3, the word "three" is replaced by "four".



5. In § 42 paragraph 5 is added:



"(5) the Convention is able to hijack, regardless of the number of lawyers.

The resolution of the Bundestag is taken, if it voted by an absolute majority of the

lawyers present. When selecting the members and alternate members of the Chamber's bodies

determines the number of votes cast for individual candidates by lawyers,

who took part in the elections; If there is only one candidate, is to select the

necessary that this candidate has obtained an absolute majority of the votes cast of lawyers,

who took part in the election. To remove a member or alternate of the authorities

The Chamber is sufficient for at least three-fifths of the votes of the lawyers who attended the

the vote on the appeal. ".



6. In section 43 (a). and the word ") of three" is replaced by "four".



Article. (III)



Transitional provisions relating to part two



1. The length of the term of the existing members and alternate members

the Board of Directors, the Supervisory Council and the disciplinary Commission of the Czech Bar Association,

governed by existing laws.



2. Convening of a Convention existing Board of the Czech Bar Association,

governed by existing laws.



PART THREE



The EFFECTIVENESS of the



Article IV



This Act shall take effect on the first day of the third calendar month

following the date of its publication, with the exception of part two of the article. (II) points

2 to 6 and article. (III) which shall take effect on the date of its publication.



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