To The Implementation Of The Law On The Experts And Interpreters

Original Language Title: k provedení zákona o znalcích a tlumočnících

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30965&nr=37~2F1967~20Sb.&ft=txt

37/1967 Sb.



DECREE



the Ministry of Justice



of 17 May. April 1967



to the implementation of the law on the experts and interpreters



11/1985: Sb.



184/1990: Sb.



77/1993: Sb.



432/2002: Sb.



The Minister of Justice in consultation with the Minister of finance and with the participating

ministries and central authorities, pursuant to section 26 of Act No. 36/1967 Coll.

the experts and interpreters, provides:



Part I



Expert management and interpretation activities



§ 1



The appointment and removal of expert witnesses and interpreters



(1) the Minister of Justice appoints and dismisses the individual scopes

expert activities and for the sector of the experts (interpreters), who

are the workers of the central authorities, universities, scientific and

research institutes, and also those who are marking (section 2) Central

authorities. Also called experts from the law for a range of legal relations to

abroad, as well as the experts (interpreters) for the appointment and dismissal

reserved. Interpreters in cases where they are the subject of negotiations the fact

forming the subject matter of State secrets shall be appointed by the Minister of Justice in the

liaison with the Minister of the Interior, where appropriate, the Minister of national defence.



(2) the Chairman of the regional courts be entrusted by the appointment of the Minister of Justice

and termination of appointment of experts (interpreters) in other cases; jurisdiction is

the President of the regional court in whose area the has expert (translator)

residence.



§ 2



The selection of people for the function



(1) the selection of experts (interpreters) shall be carried out in cooperation with the national

authorities, scientific institutions, universities and economic and

social organizations the county courts [section 5 of Act No. 36/1967 Coll.

the experts and interpreters, (hereinafter referred to as the "Act")].



(2) the designation of the appropriate people for the function of an expert or interpreter are not

authorities, scientific institutions, universities and organizations are limited to their own

workers.



(3) when selecting experts (interpreters) county courts shall take into account whether or not to

persons who have applied for appointment.



(4) for each namespace (the language) it is necessary to designate as many experts (interpreters),

that their number was enough to cover the need for assessments (interpretation of operations),

without individual experts (interpreters) had to be disproportionately burdened

performance expert (interpreting) activity.



§ 3



Verification of the conditions



The county courts shall carry out the necessary investigations and provide documentary evidence

all the conditions for the appointment of an expert (an interpreter) set out in section 4 of the

the law.



§ 4



A list of expert witnesses and interpreters



(1) each county court shall keep a list of experts and interpreters.

Written with all the experts and interpreters appointed by Minister

of Justice or the Chairman of regional court who reside in

the perimeter of the regional court. The list includes a section for writing experts and the section

for registration of interpreters. Broken down, in the manner prescribed by the Ministry of

Justice on the basic disciplines, some of which the scope is broken down

on the sector.



(2) the list of experts and interpreters and its Add-ons and changes to be sent to the regional

the Court of Justice, the Regional Prosecutor's Office, the police of the Czech

Republic-the service of the region and the Regional Bureau of investigation,

district courts, military courts, district offices and district

prokuraturám on your circuit.



(3) regional and district courts shall ensure that a list of expert witnesses and interpreters was

publicly accessible in the courts, so that everyone can look into it. On

This option notifies the Court of the Board in the Court building.



(4) at the request of natural and legal persons shall be communicated to regional and district

courts expert (an interpreter) of the desired scope and sector (for the desired

language).



(5) if the expert (translator), the place of residence shall be obliged to immediately

communicate to the regional court in whose area is entered in the list.



§ 5



A central list of expert witnesses and interpreters



(1)



A central list of expert witnesses and interpreters

, led by the Ministry of Justice, is a summary of regional lists

the courts; to be broken down to the scopes (industry) as regional lists.



(2) the central list of expert witnesses and interpreters contains in addition to the data referred to

in the regional lists also indicate for which the District Court is

expert (translator) to the list.



§ 6



List of institutes



(1) in addition to the central list of experts and interpreters leads the Ministry of

Justice



list of institutes

from which one can ask for opinions. This list consists of 2 sections. In

the first section will lead an institutes and other offices

specializing in expert activities; in the second section of the scientific institutions,

high school and organization, from which the State authorities, in particular

difficult cases to request expert opinions. Scientific institutes and organizations

authorised to submit expert opinions in the field of State secrets shall establish

the Minister of Justice in consultation with the Minister of the Interior, or with

Minister of national defense.



(2) the entries in the list referred to in paragraph 1, the Ministry will publish the

of Justice in the official journal.



§ 7



Expert and interpreter seal



(1) experts (interpreters) used for the performance of their duties round the seal in

the single edit that contains the coat of arms, the name of an expert (the interpreter)

indicating the expert (interpretation) function; the interpreters also indicating the

language (languages).



(2) the administration of the courts shall issue to the experts (an interpreter) the certificate entitling him to

order and acceptance of the seal on his load.



§ 8



Expert and interpreting journal



(1) expert witnesses and interpreters shall establish and maintain on the expert

(interpretation) of the journal operations. Expert (interpretation) of the journal consists of

continuously numbered and firmly connected sheets. The County Court shall endorse the journal

the seal stating the number of journal batches.



(2) the District Court shall satisfy itself as occasional sightseeing, whether the journals are

in a proper manner. Supervision over the implementation of these inspections shall exercise

the Ministry of Justice.



§ 9



The use of the resources of the Organization to the parties of the Act



(1) if the Organization for which the expert is employed, apparatus,

other devices and materials, which are necessary for the implementation of

the expert of the Act, is required to issue a confirmation of it experts, on whose

the basis of the requests another organization of the necessary expert assistance to the extent

as provided for by law.



(2) if the organization refuses to allow experts to apply the relevant

resources, the expert may request the President of the regional court, in whose

the list is written, for help. The President of the regional court shall discuss

the matter directly with this organization. If this path is not reached

axle, the President of the regional court for assistance on the authority of the parent

Organization and, if necessary, it shall consult the Department of Justice

conflict with the competent central authority.



(3) the costs that an expert paid by the Organization for the use of their

the funds will be applied in the context of the costs incurred by the Administration in its assessment.



§ 10



The demise of the function



(1) if the expert (translator) relieved from Office or dies,

removed it from the list of regional court.



(2) for experts (interpreters) appointed by the Minister of Justice shall notify the

the Ministry of Justice on the appeal of the function or on the death of the regional

the Court, in whose district the has expert (translator) of residence.



Part II



Performance expert (interpreting) activities



§ 11



Gaining experts (interpreters)



(1) the national authority requires the opinion of the Court (interpretation Act) primarily from

the Institute dedicated to expert (interpreting) activity (§ 21 para.

1 of the law), and if it is not in the field, or if this is not due to

economy from the experts (an interpreter) registered in the list of

the regional court in whose district the State authority is established. If, in the

a list of the regional court is not written of scoped (the expert translator

the appropriate language) or if it suggests serious reasons, picked up the slack

the national authority of an expert (interpreter), registered in the list of other regional

the Court.



(2) if the public body intends to subject to the conditions set out in section 24 of the Act

appoint an expert (an interpreter) a person who is not registered in the list of

Experts (interpreters), verifies assumptions where necessary for this person to

submission of the report (implementation of interpreting the Act) (§ 2 para. 1 and 2).



(3) the expert (the translator) in the list when the expert

(tlumočnickém) of the Act refer to the composite promise. Expert (translator)

unregistered in the list of experts (interpreters) shall lodge a promise before the submission of his report, the

(by doing the interpreting of the Act).



§ 12



The deadline for the implementation of the Act



(1) upon request of the independent expert (interpreting) the Act saves the State authority in the

the limits laid down by law experts (tlumočníku) the time within which it is to be

operation is carried out; before the time limit is to be according to circumstances

expert (an interpreter) to discuss whether the time limit envisaged in the Act

to do this.



(2) in urgent cases the State authority to request urgent execution

expert (interpreting) of the Act; in this case, the measures shall be

who is the expert, specifically, that the request is for the urgent implementation of

of the Act, and sets out the deadline for its implementation.



section 13 of the



Requirements assessment



(1) the competent authority who appointed expert shall define in its

measures its task, in accordance with the circumstances of the case, whether or not in the form of questions to

He is a connoisseur of just such realities, for which the assessment is

need expert knowledge.



(2) in the opinion of the expert shall be a description of the material, or phenomena,


a summary of the facts about which an watched (the award), and the enumeration of the questions

to which the answer, with answers to those questions (opinion).



(3) a written expert opinion must be workbook, each party

numbered, staple the cord attached to the last page of the report and

an expert shall be reproduced seal.



(4) on the last page of any written report connects expert expert

clause which contains the designation of a list in which it is written, the expert

the scope in which the designation is entitled to submit testimonials, and the number of items

under which the Act is written in journal studies.



(5) an expert is required to a written opinion at the request of a public body

personally countersign, supplement or its contents closer to explain.



(6) when an oral opinion shall be submitted to the log information

are the subject of the expert clause.



§ 14



The details to be interpreting the Act



(1) a written translation serves interpreter written in a list of interpreters in

similar edit, what is established for the written opinion of an expert. On the first

hand written translation shall be the interpreter of the language translation was

and on the last page appends the interpretation clause.



(2) with the written translation shall be stapled the translated document. If you cannot

Charter connect to translation, together with a certified translation

a copy of the.



(3) in Interpreting the clause to write with a pen or a machine, or

Appends a stamp.



(4) the Interpretation Act made orally before a public body enters into a

the interpreter information when written translation shall be set out in the interpretation

clause.



§ 15



Expert reports (interpreting operations) carried out outside the control



(1) the proceedings carried out by experts from the outside Opinions on the basis of an agreement with citizen

or organisations; the same is true of its interpreters; otherwise, it applies

apply the provisions of expert opinions (interpreting acts) in the

proceedings (section 13 and 14).



(2) the reasons for which the expert (translator) excluded from the Act, and the reasons

for that can reject the submission report (implementation of interpreting the Act)

in proceedings before a State authority, also applies in the cases referred to in

paragraph 1.



Part III



The remuneration of the institutes



section 15a



(1) the Institutes and other institutions in the execution of expert economic activities pursuant to section

21 of the Act (hereinafter referred to as "expert of the Constitution"), belong in the performance of this activity

remuneration and reimbursement of expenses (hereinafter referred to as "insurance") pursuant to this Ordinance.



(2) the remuneration payable to the parties of the Institute shall be determined according to the rates of remuneration

for expert reports (section 16), if it is an expert opinion given in the proceedings

before a court, another State authority or the executing authority on

under the law, and public administration expert Institute was to submit

the expert opinion by the authority which appointed control leads. In cases

When set for the submission of the expert opinion by an expert Institute required

special professional specialization, the rate of remuneration payable to the parties

the Institute pursuant to § 16 increased by up to 50%. The provisions of sections 20 and 21, when

the determination of the remuneration of the Institute, the Parties shall apply mutatis mutandis.



(3) unless the submission of the expert report referred to in paragraph 2, shall be

the parties of the Institute of insurance in the amount of the corresponding contractual price charged

the expert Institute for expert opinions, expertise, or similar acts.



section 15b



If there are certain kinds of expert opinions set out the remuneration and compensation

flat-rate amount for the expert of the Constitution, the following standard amounts

do not apply.



§ 15 c



When deciding on the znalečném the provisions of § 25 para. 2. the national authority

is entitled to reduce the insurance, if it was an act carried out late

or poorly.



Part IV



Remuneration and reimbursement of expenses for expert opinions



(interpreting operations)



section 16 of the



The rates of remuneration for expert opinions



The reward for the expert assessment shall be based on its complexity and the degree of

expertise that was necessary for the Administration to spend for one

hour of work up to 100-$ 350.



§ 17



The rate of fees for interpreting tasks



(1) the remuneration for the interpretation Act is, according to its complexity and the degree of

expertise that was necessary for the Administration to spend:



Item 1: when an oral translation of foreign

language to English or vice versa

per hour ........................... 100 to 350 €,

Item 2: in oral translation of foreign

language into a foreign language one

hodinu .................................... 150 up to 350 €,

Item 3: when a written translation of a foreign

language to English or vice versa

for one page.......................... 100 to 350 €,

Item 4: when a written translation of a foreign

language into a foreign language one

stránku ................................... 150 up to 350 €.



(2) when a written translation is the number of pages for the determination of the remuneration

an interpreter shall determine according to the translated text. If it is not written in the Latin alphabet

or the Cyrillic alphabet is based on the number of pages of the translated text. This is true even

for the revision of the translation referred to in section 18.



section 18



Revision of the translation



(1) the remuneration for the linguistic revision of the translation shall be based on the factors listed in

§ 17 para. 1 per page 30 to 90 €.



(2) if the need for the revision of the translation of his text completely rework,

belongs the interpreter a reward according to the rates specified in § 17 paragraph 2. 1.



§ 19



Interpreters of oral manifestations in contact with hluchoněmými persons



For the interpretation of oral manifestations in contact with hluchoněmými people, it is for

the remuneration pursuant to the provisions of § 17 item 1.



section 20



An increase in remuneration for expert advice



(1) If an expert opinion due to the circumstances of the case an extremely

difficult, may be in particularly justified cases, reward exceptionally

reasonably increased up to 20%.



(2) if the opinion of the Court, which is to be reviewed by another expert opinion,

the reward may be increased by up to 10%.



(3) it is necessary to express the Act, or if the expert was saved

do non-working day or a holiday or at night,

the reward may be increased by up to 50%.



(4) the increase referred to in paragraphs 1, 2 and 3 can be combined.



section 21



A reduction in remuneration for expert advice



For repetitive simple expert reports relating to the

professional surveys essentially the same facts, in particular in the

testing by using a special device, or laboratory

the procedure, reduce the bounds of rates provided for in § 16 of 20%.



section 22



An increase in remuneration for the interpretation Act



(1) the remuneration for the interpretation Act provided for under § 17 para. 1 item 1 and 2

You can increase the



and up to 20%) for speeches separately challenging the accuracy or

the expertise of interpreting,



(b) up to 10%) for interpreting African and Asian languages



(c)) up to 50% due to other requirements, in particular if it saved the Act

do this quickly, or non-working day or holiday or

in the night.



(2) the remuneration for the interpretation Act provided for under § 17 para. 1 item 3, 4,

You can increase the



a) up to 50%, if the translation separately professionally demanding, or due to other

requirements, in particular if it was saved do hastily, or on the day of

public holidays or public holidays or at night,



(b)) up to 30%, if the translation where magnetic or other

an audio recording,



(c)) by up to 20% due to the different demands of the translation, in particular in the case of text

be difficult to read.



(3) in interpreting speeches in contact with hluchoněmými can be a reward in accordance with § 17

paragraph. 1 item 1 to increase up to 10%, if deaf and dumb suffering from a mental

impairment or if the well does not control the method of communication.



(4) the increase referred to in paragraph 1 (b). a) to (c)) and paragraph 3 can be combined;

You can also combine the increase referred to in paragraph 2 (a). a) to (c)).



Article 23 of the



The lump sum remuneration and reimbursement of expenses for expert opinions



In the cases referred to in the annex to this Decree, shall be for the expert

the opinion of a reward and cost recovery of fixed lump sum,

unless otherwise specified in this Decree; the provisions of § 16, 20 and 21, in these

cases do not apply.



section 24



The interpretation of some terms



(1) if it is to perform the expert opinion or interpreting the Act in accordance with

§ 17 para. 1 item 1, 2 should be less than one hour, the remuneration for the

a whole hour. The last hour to be reallocated, with the exception of

in the case where an expert or interpreter at this time continues in the next

the expert, or tlumočnickém of the Act.



(2) once the page translation means the machine containing the text 30

lines of 60 characters each, including spaces. Work in progress page will be treated as a

the whole, concludes a comprehensive text or its part.



§ 25



Control of rewards and compensation costs



(1) a State authority which requested an expert opinion (interpretation Act)

shall decide on the remuneration and reimbursement of the refund, as appropriate, wages expert

(interpreter) in proceedings in which he was an expert (interpretation) of the Act

executed.



(2) in determining the amount of remuneration for expert (interpretation) of the Act are assessed

in particular:



and the nature and scope of the Act) and the degree of professional qualifications required to

perform in each of the items carried out the Act,



(b) the nature and effectiveness of assistive technology); ^ 1) in studies of the Act is

the study of the file typically part of the Act,



(c)) the adequacy of the duration of the Act, and also by comparing like with like

Professional acts and the amounts of the remuneration charged for them,



d) deadline by an expert, especially if it has been saved for express

the implementation of the Act,




e) whether the Act consisted of a review of the assessment carried out by the other expert.



(3) if the remuneration for expert advice and cost recovery provided for in

flat-rate amount, determines the remuneration and reimbursement of costs this amount.

If an expert demonstrate extraordinary circumstances indicative of that remuneration

flat-rate amount has not been determined, the State authority in determining remuneration

proceed in accordance with § 16 and 20, in this case decides whether or not the amount of the

reimbursement of costs.



(4) the decision determining the remuneration and reimbursement of costs.

wage compensation, with reference to the relevant provisions of the decree referred to

the reasons, according to which the decision was made to individual items, of which

consists of reward and cost recovery. wage compensation.



section 26



cancelled



section 27 of the



Extraordinary reduction or denial of remuneration



(1) the State authority may establish a reward from a reduced rate of up to

in half, if expert (translator) carried out an act of late or

poorly.



(2) in the case of a particularly serious case of poor implementation of the Act, may

the State reward.



section 28



Reimbursement of travel and other expenses



(1) the expert (translator), that serves a testimonial (interpretation Act)

claim



and) on the reimbursement of travel and other expenses, according to the General regulations of the

refund of travel, removal and other expenses when working

the go. Between the cash outlays and belongs to the amounts paid for the connoisseur

the use of devices or AIDS organization in the implementation of the expert of the Act

and for odd jobs;



(b) the compensation for) the time spent by submitting an oral expert opinion

(by performing an oral interpreting the Act) at the hearing before the State

authority, including the waiting time and time spent on the road to negotiations back and forth,

If it is a time that coincides with his working hours.



(2) the expert (translator) is entitled to an advance payment of costs

referred to in paragraph 1.



(3) upon the grant of advances by the experts (tlumočníku) to cover the costs of the finished

associated with the action, proceed to avoid přeplatkům.



(4) compensation expenses, provides experts finished (tlumočníku) on the basis of

the documents submitted; Similarly, in cases where the expert

posts a reward, which provide for the execution of work to another person.

For auxiliary work may be granted compensation for the paid remuneration in accordance with the

salary (low-paid) tariff applicable to such or similar activities.



(5) the exercise of the right to wage compensation expert (interpreter)

Similarly as in the exercise of the right to wage compensation of a witness.



(6) does not provide the refund of the costs incurred by the experts (tlumočníku)

the context of the appointment, citing the experts (an interpreter), as well as

reimbursement of costs, which experts (tlumočníku) incurred in connection with

tasks management expert (interpreting) activities and methodological guidance

Experts (interpreters).



section 29



Rewards for acts outside the control of



Remuneration and reimbursement of expenses for expert opinions and interpretation tasks

made at the request of the Organization on the basis of work performed outside of the agreement

the employment relationship is governed by the rules that generally govern the remuneration of

These works. These provisions shall apply mutatis mutandis to the determination of the

rewards for expert opinions (interpreting operations) made on the basis of the

the contract between the expert (interpreter), and citizen.



Part V



General and final provisions



section 30



(1) the provisions of this Decree on the State authorities to apply

bodies and organisations which perform certain functions of State authorities

migrated.



(2) where in this Ordinance of uses of the term "organization" shall mean

also, as the case of a legal person or the entrepreneurial natural persons.



section 31



This Decree shall enter into force on 1 January 2000. July 1967.



Minister:



Dr. Neuman v.r.



XIII.



The lump sum remuneration and reimbursement of expenses for expert opinions



Remuneration and reimbursement of expenses for expert opinions required in criminal

proceedings that are associated with carrying out the autopsies will be determined by the following

lump sum:



1. the flat-rate amount of remuneration for the performance of autopsies, including histological

examination

to 10 slides................................... 6500.0,-CZK

and for each additional examination preparation ... ... .... 150.0-CZK.



2. the lump-sum refund of the costs associated with the performance of autopsies

and) reward told the who................... 500.0,-CZK

(b) the registration of the design)..................... 350.0,-CZK

c) reward of histological investigations into who 10

preparátů ...................................... 400.0,-CZK

and for each additional examination preparation ... .... 30.0,-CZK

(d) the implementation of) reward who photo-documentation

da) in one frame............................ 30.0,-CZK

DB) for one x-ray snapshot........................ 100.0-CZK.



3. Lump sum remuneration according to section 1 and the lump sum compensation

the costs referred to in point 2 shall be increased by 20% in the performance of an autopsy of the body

extremely difficult circumstances, in particular in advanced decomposition, hnilobném

exhumovaných, skeletal remains, cases of mummification, adipocire,

infectiously serious cases and cases of identification.



4. Lump-sum remuneration referred to in paragraph 1 shall be increased by 50%, if done

the autopsy in a non-working day or a holiday or at night.



5. If the expert himself to such acts, which can execute laboratory technician,

He also flat-rate remuneration, which would otherwise be entitled to who.



6. compensation for the use of the dissecting room, laboratories and materials is granted in

the amount corresponding to the actual cost of the documented.



7. reimbursement of costs in the standard amounts are not included cost

payable under the General rules on compensation of travel and other

costs and wage compensation.



8. The exercise of judicial autopsy means the external and internal inspection of the corpse,

an autopsy, including five of the Assembly and of collection of biological material

for further examination (histological, serological, toxicological, etc.).



Selected provisions of the novel



Article. (III) Decree No. 432/2002 Coll.



Transitional provisions



1. Expert opinions and interpretation tasks have been transmitted before the date of application

the effectiveness of this Ordinance shall remunerate according to present regulations.



2. pursuant to this order shall remunerate expert opinions and interpretation tasks

filed earlier in the day, when the Ordinance took effect, even if they were

entered before that date and part of the Act has been enforced before that

the date.



1) § 18 para. 2 Act No. 36/1967 Coll. on experts and interpreters.