79/2006 Sb.
LAW
of 8 June. February 2006,
amending Act No. 85/1996 Coll., on the legal profession, as amended
regulations, and other related laws
Change: 362/2007 Sb.
Change: 281/2009 Sb.
Change: 89/2012 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on the legal profession
Article. (I)
Act No. 85/1996 Coll., on the legal profession, as amended by law No. 210/1999 Coll.
Act No 120/2001 Coll., Act No. 6/2002 Coll., Act No. 228/2002 Sb.
the finding of the Constitutional Court declared under no. 349/2002 Coll., Act No.
192/2003 Coll., Act No. 235/2004 Coll., Act No. 284/2004 Coll., Act No.
555/2004 Coll. and Act No. 205/2005 Coll., is hereby amended as follows:
1. In section 2 (2). 1 (b)):
"(b)) the natural persons who
1. nationals of one of the Member States of the European Union
or of the Member States of the agreement on the European economic area,
where appropriate, they are nationals of the other State, if so
the renowned international treaty, to whose ratification Parliament has given consent
and which is bound by the Czech Republic (hereinafter referred to as the "home State"), and
2. in the home State to provide legal services under the
the professional title of their home State, which was announced in the
communication from the Ministry of Justice, published in collection of laws
(hereinafter referred to as "European lawyer"). ".
2. In article 2 (2). 2 (b)):
"(b)) staff of the legal or natural person, the Member of the cooperative, or
a member of the armed forces to provide legal services to the person, to which the
in employment or work relationship, or in the staff ratio,
If the provision of legal services is part of his duties
arising from this employment contract or employment relationship, or
service. ".
3. In section 5 (g)):
"(g)) who is not in employment or work relationship, or in the staff
the ratio, with the exception of employment
1. the Chamber,
2. to advocate, or legal entity established for the exercise of advocacy (section 15),
3. higher education teachers, or
4. the scientific worker in the field of law, if the employment
the Academy of Sciences of the Czech Republic or to the institution in its scope,
nor shall he exercise any other activities incompatible with the power of advocacy ".
4. In section 5, the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) until the legal practice of trainee lawyers in accordance with paragraph 1
(a). c) counts holidays drawn at the time of the duration of this
practice. If he does not pursue a junior lawyer legal practice for reasons of
obstacles in the work on his side or due to excusable absence in
work, does the time until a legal practice in
the range of 70 working days in each year of its duration. "
5. In section 5a paragraph. 1 and in section 5b of the paragraph. 1, the words "referred to in section 5 (a). and) and
(d) to (g))) "shall be replaced by" referred to in section 5 (3). 1 (a). and (d))) to (g)). "
6. In section 5, the words "the Member States of the European Union or the Member States
The agreement on the European economic area ' shall be replaced by the words "home
States "and the words" referred to in section 5 (a). and (d))) to (g)) "shall be replaced by
"referred to in section 5 (3). 1 (a). and (d))) to (g)). "
7. In section 5, the amount "Eur 5000" is replaced by "Eur 10000".
8. In section 5f, the words "pursuant to section 5 or section 5 c" shall be replaced by the words "pursuant to section 5 of the
paragraph. 1 or § 5 c ".
9. In section 5, the words "pursuant to section 5 (b). b), c) and (h)) "shall be replaced by" referred to in
§ 5 (3). 1 (a). b), c) and (h)) ".
10. In section 7 (2). 1, the words "not exceeding 1, paying the minimum monthly wages"
replaced by the words "not exceeding an amount of CZK 10 000".
11. In section 7 (2). 1 (a). and the words ") listed in section 5 (a). and (d))) "
shall be replaced by "referred to in section 5 (3). 1 (a). and (d))) ".
12. In section 7 (2). 1 (b)):
"(b)) aptitude test (§ 54 paragraph. 2) national
one of the home countries, which proves that meets the conditions
referred to in section 5 (3). 1 (a). and (d))) to (g)) and in section 5 (a). a),".
13. In section 7 (2). 1 (a). (c)), the words "referred to in section 5 (a). and (d))) to (g))
and in section 5a paragraph. 1 (a). and) "shall be replaced by" referred to in section 5 (3). 1 (a).
and (d))) to (g)) and in section 5a paragraph. 1 (a). and) ".
14. In section 7 (2). 5 the first sentence, the words "referred to in section 5 (a). and) to (h))
or in section 5a to 5 c shall be replaced by "referred to in section 5 (3). 1 (a). and)
h) or in § 5a to 5 c ".
15. In section 7b, paragraph. 1 at the end of the text of the letter g), the words "shall be added;
the official verification of the signature is not required, if the lawyer delivers the request to
removed from the list of lawyers personally to the President of the Chamber or
the authorized employee of the Chamber and this request before it signs ".
16. In section 8 (2). 1 (d)):
"(d)) who is in arrears longer than 6 months to pay the contribution to the
the activity of the Chamber of Commerce or other payments pursuant to § 30 paragraph. 1 and post or
another payment pay or within one month after the
The Chamber asked with a lesson about the consequences of non-payment ".
17. In section 8 (2). 2, the words "referred to in section 5 (a). and (b))), or (d)) or in
Section 5a paragraph. 1 (a). and) "shall be replaced by" referred to in section 5 (3). 1 (a).
and (b))), or (d)) or under section 5a paragraph. 1 (a). and) ".
18. In section 8b is at the end of paragraph 1, the period is replaced by a comma and the following
the letter g) is added:
"(g)), which carries out advocacy in the employment relationship (section 15a) is suspended
advocacy day, when he was suspended of advocacy advocate
that is his employer, or on the date when the suspended performance
advocacy of members of a legal person established for the performance of
advocacy (section 15), which is his employer. "
19. In section 9 (2). 1, letter a) is added:
"and if he), employment or work relationship, or business
ratio, with the exception of employment relationships referred to in § 5 (3). 1 (a). (g))
or employment relationship under section 15a, or began to pursue different
activity incompatible with the power of advocacy ".
20. In section 9 (2). 2 letter a) is added:
"and if it was on) him in criminal proceedings lodged an indictment or a proposal to
the punishment for an intentional criminal offence, or if it was against him for such
crime prosecution and the facts suggesting
that was such a crime has been committed, further threatening confidence in the proper performance of
This advocacy lawyer; advocacy may be for these reasons
suspended until the date on which takes the decision establishing the
criminal proceedings are terminated, ".
21. In section 9, paragraph 2, the following paragraph 3 is added:
"(3) the Disciplinary Chamber may, on a proposal from the Prosecutor (section 46 paragraph. 3 and § 51 paragraph. 2)
suspend the performance of the advocacy lawyer, against which it was initiated
disciplinary proceedings, if
and) the facts suggesting that an attorney has committed a disciplinary
wrongdoing, are so serious that more advocacy kárně
the accused lawyer threatens confidence in the proper exercise of advocacy, and
(b)), from the initiation of disciplinary proceedings for more than 1 year has passed since the negotiations in
disciplinary proceedings were at this time at least three times for reasons of adjourned
on the side of the kárně of the accused lawyer,
until the day when it takes the decision establishing this
disciplinary proceedings end. ".
The former paragraph 3 shall become paragraph 4.
22. In section 9a, paragraph. 2 (a). (b)), the words "in section 24, paragraph. 3 "shall be replaced by the words
"in section 24a".
23. In section 9b paragraph. 1 (a). a), the words ' pursuant to section 9 (2). 2 (a). and)
or (b)) ", the words" or section 9 (2). 3. "
24. In section 9b paragraph. 1 at the end of the text of the letter b), the words "(§ 55
paragraph. 7) ".
25. In section 10, paragraph 1. 4, the words "the Member State of the European Union or
the Member State of the agreement on the European economic area ' shall be replaced by
the words "home State" and the words "pursuant to section 5 or section 57" shall be replaced by
the words "under section 5 (3). 1 or § 57 ".
26. section 11 including a footnote No 2:
"section 11
(1) the Lawyer performs legal profession
and) separately, or
(b)), together with other lawyers as a participant of the association according to § 14 (hereinafter
"the Association") or as a companion of a company under section 15
(hereinafter referred to as "the company"), or
(c) employed by) section 15a.
(2) the Chamber leads the list of associations (section 14), companies (section 15) and
foreign legal persons referred to in section 35na; the provisions of the Special
without prejudice to the legislation.
2) section 27 et seq.. of the commercial code. ".
27. section 13 including footnotes 3 and 3a is inserted:
"section 13
(1) the advocate must have a registered office in the territory of the Czech Republic, which is written
in the list of lawyers.
(2) if the Attorney practicing law separately or in association, is its
the registered office referred to in paragraph 1, the place of business under special laws
regulations ^ 3).
(3) the Head Office of a lawyer who performs legal profession in society, must be
the same is the seat of the company under special laws
^ 3a) regulations.
(4) Based lawyer advocacy in the employment relationship (section 15a
paragraph. 1) to another lawyer or to the registered office of the company is its
the employer referred to in paragraph 1 or pursuant to paragraph 3.
3) § 2 (2). 3 of the commercial code.
3A) section 78, paragraph. 1 (a). and the commercial code. ").
28. In article 14, paragraph 1, including the footnote No. 4:
"(1) if lawyers legal profession together and it's not about performance
advocacy in the company's adjusted mutual relations of written contract
the Association under a special legal regulation ^ 4). The participants of the Association
they can only be lawyers and are obliged to exercise the legal profession under
the common name. To achieve the agreed purpose of the Association are its
participants are entitled to employ more lawyers according to § 15a;
These lawyers are not participants of the Association.
4) section 829 et seq. of the civil code. ".
29. In article 14, paragraph 1, the following paragraph 2 is added:
"(2) property acquired by common practice becomes
coownership of all participants of the Association, unless otherwise provided in the contract of
the Association otherwise. If, under the contract of Association to decide on the provision of
the common Affairs of the Association, the majority of votes of the participants belong to each of the
the participants shall have one vote, except as provided in the contract otherwise. ".
Paragraphs 2 to 5 shall become paragraphs 3 to 6.
30. In article 14, paragraph 5 is added:
"(5) a lawyer who is a participant in an association, cannot simultaneously exercise
the legal profession alone, as a partner of the company, in another Association, or
employment relationship (section 15a). ".
31. In article 14, paragraph 6 is added:
"(6) the provisions of paragraphs 1 to 5 shall not apply, if the lawyers agreed on
the common provision of legal services in one or more of the cases. "
32. section 15 including title and footnotes no 4a to 4f, 5 to 7:
"§ 15
Company
(1) the Lawyers may pursue advocacy as companions of the public
company, limited partnership or limited-liability companies
established under a special legal regulation ^ 4a), if the subject
the business of such companies is only the power of advocacy and its
companions are the only lawyers.
(2) A limited liability company for the purpose of performance-based
advocacy is not covered by the provisions of the special legal regulation
enabling the establishment of limited liability companies one person ^ 4b).
If a limited liability company formed for the purpose of advocacy
has less than 2 members, the Chamber immediately after the
actually, under special legislation shall submit a proposal for a
the Court for the annulment of the company and its liquidation ^ 4 c), where appropriate, the Court
the company will cancel and order its liquidation without the proposal; the provisions of the
special legal regulation without prejudice to the ^ 4 d).
(3) the lawyer is entitled to exercise the legal profession in the society to its
registration as a shareholder of the company in the commercial register and after registration
repayment of his deposit in the share capital of the company to
commercial register ^ 4e); the lawyer's permission to perform in the meantime
the legal profession alone, in association or in another company that is not
prejudice.
(4) the Lawyers, who are partners of the company, shall be exercised by the legal profession
on behalf of the company and on its account. If the exercise of advocacy on behalf of the
the company permitted in individual cases, the special legal
^ 4f) legislation, carry out advocacy on behalf of his own lawyers, and on account
of the company; the same applies in the case of a lawyer who is
a companion company, to the provision of legal services is determined by the
of this law. As a participant of legal relations that are based in connection with the
the provision of legal services lawyer profession in
the company performs to the client, as well as against third parties, always
the company; These legal relations governed by this law (section 24, paragraph 2, and 3)
and by a special legislation ^ 5).
(5) the Managing Director of a limited company may be appointed only from
among its members; the head of the company can be established only
lawyer. The lawyers, who are managers or authorized representative of the company,
covered by the obligation of professional secrecy pursuant to article 21, if this is a
facts concerning the provision of legal services by this company.
(6) by deletion from the list of lawyers in the company partner
expires, and a right to payment of his share of the settlement under the
special legal regulation ^ 6).
(7) the heir of a business share in the company may be the only lawyer;
the right heir, who is not a lawyer, to the payment of the settlement of the share
According to the special law shall remain unaffected.
(8) a lawyer who carries out advocacy as a partner of the company,
cannot at the same time to exercise the legal profession alone, in the Association, as
a companion to another company, or in the employment relationship (section 15a).
(9) the provisions of § 18 paragraph. 1, section 19, 20, section 22, paragraph. 1, § 23, 25, 28 and 29
shall apply, mutatis mutandis, for the company.
(10) the provisions of the special law on the liability of the members for
the obligations of a ^ 7) are not affected by this law.
4A) of section 56 et seq.. of the commercial code.
4B) section 105, paragraph. 2 of the commercial code.
section 68, paragraph 4 (c)). 6 of the commercial code.
4 d) section 116, paragraph. 2 and 3 of the commercial code.
4E) § 28 paragraph. 2 (a). (b)), and (c)) of the commercial code.
4F), for example, section 35, paragraph. 1 of the criminal code, sections 24 and 25 of the civil
Code of civil procedure, section 35 of the regulations of the administrative, § 29-31 of the law on
The Constitutional Court.
5) for example, the civil code and the commercial code.
§ 61, paragraph 6). 2 and 3 of the commercial code.
7) section 86 and 87, section, paragraph 93. 1, § 106, paragraph. 2 of the commercial code. ".
33. under section 15 shall be inserted a new section 15a to 15 c, including title and
footnote No. 7a and 7b are inserted:
"The exercise of advocacy in the employment relationship
§ 15a
(1) the advocate may exercise the advocacy in the employment relationship to another
a lawyer or to a company (hereinafter referred to as the "employed Attorney").
(2) unless otherwise provided, the labor relations
attorneys employed by a special legislation ^ 7a).
(3) the advocate may be a member of only one lawyer or one
of the company; employed by a lawyer is not entitled to exercise at the same time
the legal profession alone or together with other lawyers.
(4) Employed a lawyer is obliged to apply in the exercise of advocacy
the designation "Attorney" together with an indication of their employer; other
indications or additions under section 12 is employed by a lawyer authorised to
use only after agreement with their employer.
(5) employed by a lawyer is not entitled to conclude, as the employer
employment relationship with another lawyer or trainee solicitor with law
[to section 37, paragraph 1 (b), (e))] or in connection with the exercise of advocacy
to employ more people.
(6) in the exercise of advocacy progresses employed lawyer according to the provisions of the
section 3 (3). 1 and section 16 that is obliged to follow instructions
the employer, if these guidelines are not in conflict with the law, or
rules or instructions of the client.
section 15b
(1) Employed a lawyer carries out advocacy on behalf of the employer and the
his account; with the consent of the employer is entitled to an attorney employed by the
to carry out advocacy and on its own behalf and on behalf of the employer, if the
and specific legislation) advocacy of employed lawyer
on behalf of the employer in individual cases do not allow ^ 4a) (b))
have legal services consists in representation in proceedings before the courts or
other authorities, including the defence in criminal proceedings.
(2) If employed by a lawyer to provide legal services in accordance with
This Act intended or in accordance with special legislation, appointed
provides legal services on its own behalf and on behalf of the employer.
§ 15 c
Damage caused to the employer in providing the employed lawyer
legal services pursuant to § 15a and 15b is damage in the performance
work tasks; employed by a lawyer for such damage to the employer
by the special legal rules relating to the liability of the
employee for damage in labour-law relations ^ 7b).
7A) Act No. 65/1965 Coll., the labour code, as amended.
7B) § 172 et seq.. the labour code ".
34. In section 16. 1 the second sentence, the words "the law" shall be replaced by the words "with the
the legal ".
35. In section 18, paragraph 2, including the footnote No 7 c is inserted:
"(2) the person who does not meet the conditions for the provision of a lawyer by the Court pursuant to the
specific legislation) and ^ 7 c cannot rise grant
legal services under this Act (hereinafter referred to as "the applicant"), has the right to
his Chamber on the basis of his early draft lawyer. In the same case
However, the applicant may be determined by the Chamber of Commerce attorney only once; This does not apply,
If he refuses this matter previously designated a lawyer to provide legal services of
the grounds referred to in section 19. In the decision on the appointment of a lawyer, the Chamber shall define the
the thing in which the lawyer is obliged to provide legal services, as well as a range of
These services. The Chamber may, in a decision on the appointment of a lawyer to establish and
other conditions for the provision of legal services, including the obligation to provide
legal assistance free of charge or for a reduced fee if you justify it
the income and property of the applicant. The Chamber designated lawyer shall be obliged to
legal services to the applicant to provide a Chamber intended conditions. It
does not apply, if the reasons for the refusal to provide legal services
referred to in section 19 or, in the case of manifestly unfounded application or guard
rights; in these cases, the lawyer of the reasons for non-legal
services without delay in writing, inform the applicant and the Chamber. Appointment of a lawyer
The Chamber does not replace the full power of a required special legislation
to the defense, which was a lawyer, a Chamber designed in criminal proceedings
or to its representation in other proceedings.
7 c), for example, section 30, paragraph. 2 of the code of civil procedure § 35 paragraph. 7
administrative judicial procedure, criminal procedure code, § 39. ".
36. In section 18, the following paragraphs 3 to 6 shall be added:
"(3) if the applicant requests that have been designated by the legal services lawyer
provided free of charge or for a reduced fee, it shall at the same time with
submitting a proposal for the appointment of a lawyer by the Chamber show that its revenue and
equity ratios of such provision of legal services; way
proof of income and financial circumstances of the applicant, as well as a range of
the information that the applicant is obliged to inform the Chamber provides the Ministry of
Justice after the previous observations of the Chamber by a decree.
(4) the Chamber of the appointment of a lawyer at any time cancel, if during the provision of the
legal services this lawyer in the relevant things as the reasons, on
basis of which it was intended. lawyer Chamber If the Attorney agrees with the
otherwise, the client, or if the client fails to other measures, the lawyer shall be obliged to
After a period of 15 days from the date when the annulment of his determination to provide
legal services, do all urgent acts so that the client
suffer on their rights or legitimate interests. This does not apply,
If a lawyer shall inform the client that the fulfilment of this obligation lasts.
(5) the obligation to provide legal services lawyer designated free of charge or
for a reduced fee, the Chamber at any time, where appropriate, with retroactive effect,
cancels or changes, if for the provision of legal services
the designated lawyer show that ratios provide legal services to the client
free of charge or for a reduced fee, where appropriate, justify the
neodůvodňovaly.
(6) if the legal services provided to the designated lawyer free of charge
or for a reduced fee, the Chamber shall ensure that such provision
legal services lawyers were distinguished from ordinary evenly, even with regard to the
the complexity of the case, in which legal services are to be provided and the possible
costs which may designated a lawyer in connection with the provision of
legal services. ".
37. In section 19, paragraph. 1 (a). (b)), the words "in association or company"
replaced by the words "together (section 11 (1). 1), or in the case of employed
the lawyer's lawyer who is his employer, or a lawyer who
is an employee of the same employer ".
38. In section 20, at the end of paragraph 2 the following sentence, "the lawyer is entitled to
do this also if the client through the lessons go about
his instructions are in conflict with the law or prosecutors (section 16 of the
paragraph. 1), insists that the Attorney still proceeded according to the following
guidelines. ".
39. In article 21 paragraph 2 is added:
"(2) the obligation of secrecy can only relieve the client of the lawyer, and after
his death or extinction of the legal successor to the client; If the client has multiple
successors in title, for a waiver of the lawyer's obligation of secrecy
needed a favourable speech all the legal successors of the client. Waiver
obligations of confidentiality of the lawyer-client or his legal successor
or his successors in title shall be made in writing and must
be addressed to the lawyer; in the proceedings before the Court may be made orally
in the log. Even then, however, the lawyer shall be obliged to maintain confidentiality,
If the circumstances of the case clear that client or his legal
the successor of this obligation was under duress or in distress. ".
40. In § 21. 4, the words "or on the appeal against the
the decision of the Chamber (section 55a) "shall be replaced by the words" against the decision of the Chamber
or in the proceedings on the complaint against the decision of the Court on this application
under special legislation ^ 8a) ".
Footnote No. 8a is inserted:
"8a) Act No. 150/2002 Coll., the administrative court rules, as amended
regulations. ".
41. In § 21. 5, the words "without prejudice to the obligations of" shall be replaced by the words
"without prejudice to his obligations as a taxpayer."
42. In § 21. 6 the following is added at the end of the sentence "the obligations of confidentiality
the lawyer cannot invoke when the fulfilment of obligations under the Special
the law on the measures against the legalization of proceeds from crime ^ 9a)
as well as against representatives of the Chamber when performing the acts referred to in paragraph 10. ".
Footnote No. 9a is added:
"9a) Act No. 61/1996, on certain measures against the legalization of
the proceeds from crime and on the amendment and supplement of the related laws, in
amended. ".
43. In § 21. 7, second sentence, including the footnote No. 10a
repealed.
44. section 22, including the footnote No. 10a is inserted:
"§ 22
(1) the Advocacy carried out usually for reward; the client can ask for
reasonable advance.
(2) employed by a lawyer performs legal profession for wages provided for by
special legislation ^ 10a), which provides its
the employer.
(3) method of determining remuneration and compensation lawyer, who performs legal profession
alone or together with other lawyers (section 11 (1)), as well as
their amount, established the Ministry of Justice after the previous expression
The Chamber of the Decree.
10A) Law No. 1/1992 Coll. on wages, remuneration for work stand-by and about
average wage, as amended. ".
45. Section 23a, including footnotes, no 10b:
"§ 23a
If the lawyer or company (section 15) the payer of value added tax,
It belongs to the lawyer or company to reward and compensation under section 22
or also the amount corresponding to 23 of this tax credit, you are required to
Attorney or company from the remuneration and compensation payable by the Special
the legal regulation of ^ 10b).
10B) Act No. 235/2004 Coll., on value added tax, as amended by
amended. ".
46. section 24 reads:
"§ 24
(1) the Lawyer is responsible to the client for the damage that he has caused in
connection with the exercise of advocacy; for damage caused by the employed as follows
go to the employer's solicitor, the client is responsible, and even if
referred to in section 15b. The Attorney is responsible for the damage caused by the client and
then, if the damage was caused in connection with the performance of his advocacy
representative or other employee than employed by a lawyer;
the liability of such persons for any damage caused to the employer by
the specific legislation that does not affect ^ 7b).
(2) if the Attorney practicing law in the company, the client is responsible for
the damage referred to in paragraph 1 of this company (section 15 (4)); an employee of the
the lawyer, meanwhile, means an employee of the company.
(3) the lawyer or company of liability referred to in paragraphs 1 and 2
release, prove that the damage could be prevented or consumed
all the effort that you can request them. ".
47. under section 24 the following new section 24a, including footnotes, no.
10 c up to 10 g:
"§ 24a
(1) a lawyer who carries out advocacy individually or in associations, must
be insured in case of liability for damage, for which the client
§ 24, paragraph. 1, as well as for the case of a commitment to
compensation, to which the lawyer is engaged in advocacy
Association in accordance with the specific legislation required to because of solidarity
liability ^ 10 c). The Attorney, who carries the legal profession in the public
the business of the company or as a limited partnership, komplementář
must be insured for the case of an obligation to compensate for damage, for which the
§ 24, paragraph. 2 this company, and the lawyer is referred to in
the specific legislation required to comply because of liability
as her companion ^ 10 d).
(2) a limited liability company and limited partnership must be from
the emergence of the date your cancellation insured for liability,
for which the client is responsible under section 24, paragraph. 2; the minimum limit of the
the claims of this insurance must amount to at least 50 000 CZK 0.0
for each shareholder of the company with limited liability or at least 10
000 Czk for each 0.0-komanditistu limited partnership (hereinafter referred to as
"insurance company"). The insurance company is a prerequisite for
its establishment in accordance with the specific legislation ^ 10e); the copy or
an officially certified copy of the insurance contract, the insurance company must
be attached to the proposal for the registration of the company, or of each of the new
shareholder of the company in the commercial register and store the collections
instruments in the commercial register, including copies or officially
certified insurance contract changes ^ 10f). The company is also required to
submit to the Chamber a copy or certified copy of the insurance contract
the insurance companies by the end of the calendar year preceding the
the calendar year for which you are covered, as well as at any time
otherwise, if the Chamber so requests; If the company fails to comply with this obligation
or if the Chamber finds that the company is not insured under the first sentence,
the Court shall, without delay, in accordance with the special law proposal on the
the abolition of the company and its liquidation ^ 4 c).
(3) a Chamber arranged insurance lawyers liability for damage
in accordance with paragraph 1; This insurance is insurance of the foreign risk insurance
under a special legal regulation, ^ g) (hereinafter referred to as "blanket insurance
the lawyers "). The insurance contract about bulk insurance lawyers publish
Chamber in the Journal. The lawyer is obliged to pay the premium of the Chamber
the bulk of insurance lawyers by the end of the calendar year in which
preceding calendar year, on which the bulk of insurance lawyers
applies.
(4) If a lawyer does not want to be involved, the bulk of insurance lawyers
shall submit not later than the expiry of the period referred to in paragraph 3, the Chamber of the copy of the
or certified copy of the insurance contract that is for
the calendar year the insured in accordance with paragraphs 1 and 5; the scope of the
such insurance or minimum limit of indemnity, however, may not be
never the less, than in the case of mass insurance
lawyers.
(5) the minimum limit of indemnity insurance lawyers in accordance with paragraph
1 lays down the Chamber of prosecutors.
10 c) to section 835, paragraph. 2 of the civil code.
10 d) section 86 and 87, section, paragraph 93. 1 of the commercial code.
10E) section 68, paragraph. 6 (a). (c)) of the commercial code.
10F) § 38i paragraph. 1 (a). p) of the commercial code.
10 g) of section 10 of Act No. 37/2004 Coll., on insurance contracts and amending
related acts (the Act on insurance contracts). ".
48. In section 25a, paragraph. 1 the words "If a lawyer myself wrote
acting in the person of her lawyer signed in manuscript "be replaced by
the words "If a lawyer myself wrote it or acting in person before
the lawyer signed in manuscript ".
49. In section 25a, paragraph. 2 (a). (d)), the word "written" words
"or, that was in front of him acting the person signed in manuscript".
50. In § 25b, the words "the Ministry of finance in the exercise of its competence
under the special law on measures against money laundering
from crime, ^ 10a) "shall be replaced by the words" Ministry of Justice
in the exercise of its jurisdiction under section 52b, ".
51. For section 34, the following new section 34a to 34e, as follows:
"§ 34a
(1) the disciplinary board may decide on the matter without a disciplinary hearing regulation
with the command, if the facts of the reliably detected so far with
the evidence.
(2) Disciplinary command, you can save only the disciplinary actions admonishment or
disciplinary measures, penalties up to 10 times the minimum monthly wage
established a special legal regulation ^ 13), if the accused is kárně
the lawyer, or up to twice the minimum monthly wage set by the
a special law ^ 13), if the accused is kárně law firm
Clerk; the provisions of § 32 paragraph. 5 this is not prejudice.
(3) the disciplinary command has the nature of the decision of the disciplinary board, which said that the
kárně, the accused is guilty of the disciplinary offence. Effects associated with
the announcement of the decision of the disciplinary chamber occurs by delivering written
copies of the disciplinary order kárně the accused.
§ 34b
(1) a written copy of the disciplinary order shall contain a statement of the case
the same thing, the opinion imposing an obligation to refund the costs of the disciplinary proceedings (§
33A paragraph. 2) and lessons about the right to resistance, including a warning that in the
When kárně accused the resistance, will no longer be nařizováno negotiations
the Disciplinary Chamber to hear the case (section 34d (1)).
(2) a written copy of the disciplinary order is delivered kárně, the accused and the
kárnému plaintiff; If the kárně accused the representative or guardian (§ 33
paragraph. 4), served with a written copy of the disciplinary and command them.
§ 34 c
(1) Kárně the accused, the plaintiff and the punitive kárně the accused or his representative
guardian (hereinafter the "authorized person") may be made against the kárnému
the resistance of the command; opposition must be made within 15 days from the receipt of the written
copies of the disciplinary order. The representatives of the kárně of the accused or his or her
opatrovníkovi time for filing opposition the same day as kárně
the accused.
(2) After service of the written copy of the disciplinary order, the authorized person
may your rights of opposition to explicitly give up.
§ 34d
(1) if the order against kárnému filed by an authorized person within the time limit
referred to in section 34 c of paragraph 1. 1 resistance, kárný command is deleted and the President of the
the Disciplinary Chamber shall order the hearing of the case of the negotiations; When the next
discussing things is not bound by the legal qualification of the disciplinary board or the kind of
or disciplinary measures, within which were contained in the disciplinary order.
(2) If, within the period referred to in section 34 c of paragraph 1. 1 filed against kárnému
order any of the parties to the opposition, shall take disciplinary command on the day
following the date of expiry of this period, the legal power and is enforceable.
If all of the authorized person before the expiry of the period referred to in § 34 c
paragraph. 1 expressly waived the right to lodging resistance (§ 34 c (2)), shall take
the punitive law and order is enforceable on the day following the date on which
the disciplinary chamber received such comments from the last of the authorised persons.
section 34e
Has been issued disciplinary command may take disciplinary prosecutor shall exercise disciplinary action back
until a written copy of the disciplinary order is delivered to some of the
authorised persons; withdrawal of the disciplinary action, the disciplinary command is deleted and
disciplinary proceedings. ".
52. In section 35 is at the end of paragraph 1, the following sentence "the provisions of the first sentence
does not apply in cases where the Disciplinary Board decided to use punitive. ".
53. In section 35a, paragraph. 4, the second sentence shall be replaced by the phrase "Enforceable
the decision on the imposition of disciplinary measures, the fine is enforceable
decision and execution by special legal title
Regulations ^ 14). ".
Footnote No 14:
"14) § 274 (b). I) of the code of civil procedure.
§ 40 paragraph. 1 (a). (g)) of Act No 120/2001 Coll., on judicial executors and
enforcement activities (procedure) and amending other laws, as amended by
amended. ".
54. In § 35b, in the introductory sentence, the words "and to the applicant for entry on the list
lawyers or to the list of legal executives ' shall be deleted.
55. In section 35d paragraph. 2, "Member State of the European Union or
the Member State of the agreement on the European economic area ' shall be replaced by
the words "home State" and the words "pursuant to section 5 or section 57" shall be replaced by
the words "under section 5 (3). 1 or § 57 ".
56. In § 35f, the words "Visiting the European lawyer" shall be replaced by the words
"Visiting the European lawyer ^ 14a)".
Footnote 14a is inserted:
"14a) Council Directive 77/249/EEC of 22 July 1993. March 1997 to facilitate the
the effective exercise by lawyers of freedom to provide services. "
57. In article 35, the following paragraph 3 is added:
"(3) a guest European lawyer is authorised to draft the Treaty on the
the transfer of real estate, the mortgage contract and the contract on transfer or lease
the undertaking or its part; a guest European lawyer is authorized to do
the statement about the authenticity of the signature (§ 25a). ".
58. In paragraph § pot 0,35 litre. 1, the words "Established European lawyer" be replaced by
the words "Established European lawyer ^ 14b)".
Footnote No 14:
"14b) European Parliament and Council Directive No 98/5/EC of 16 December 2002. February
1998 to facilitate the permanent exercise of the profession of lawyer in a Member
State other than that in which the qualification was obtained. ".
59. section 35:
"§ 35 m
(1) the Chamber of Commerce to the European lawyer writes the list of European lawyers to
one month from the receipt of the written application for registration, which must be
accompanied by the
and) proof that the European lawyer is a national of a
from the home States of,
(b)) ID permissions (section 35 k 1) not older than 3 months,
(c) proof of compliance with obligations) under section 24a.
(2) the Chamber of the European lawyer in the list of European lawyers applied for,
If disciplinary measures had been imposed a temporary ban on the provision of
legal services (section 35q (2)) and the date on which the decision on the imposition of
This disciplinary measure was enforced, has at least one time
of the year.
(3) the Chamber shall issue the European lawyer, who was entered in the list of
European lawyers, after payment of the fee, which provides the estates
prescription of not more than the amount of CZK 10,000, the certificate of registration to the list
European lawyers.
(4) entry in the list of European records in the Chamber of lawyers
European lawyers without delay, at the latest within one week, and
informs you about it in the same period, to the extent necessary, the competent authority
Home State.
(5) the Established European lawyer is suspended permission to
provision of legal services under this Act, if any of the
the facts referred to in section 8b, paragraph. 1 (a). and), b), (d)) to (g)).
(6) the Chamber shall suspend the established European lawyer permission to
provision of legal services under this Act in the cases referred to in
§ 9 (2). 1, as well as in the case when it was suspended his privileges
provide legal services in home State under the professional title
According to § 2 (2). 1 (a). (b)); The Chamber may suspend the established European
the lawyer permission to provide legal services under this Act
in the cases referred to in § 9 (2). 2 and 3.
(7) the Established European lawyer,
and who died, it is) be deleted from the list of European lawyers on the day
the death,
(b)) which was declared dead, it is deleted from the list of European
lawyers at the date of the decision on the Declaration for the dead,
(c)) the disciplinary measures imposed a temporary ban on the provision
legal services (section 35q (2)), it is deleted from the list of European
lawyers at the date of the decision on the imposition of the disciplinary
the measures,
(d)), which made the Chamber a written request for deletion from the list of
European lawyers, provided with officially certified signature is deleted
from the list of European lawyers on the expiry of the calendar month in which the
This request was delivered to the Chamber; the official verification of the signature is not required,
If the established European lawyer application personally to the President of the Chamber shall transmit to the
or the authorized employee of the Chamber and this request before it signs,
(e)), which was entered in the list of lawyers (section 5b), it is deleted from the list
European lawyers on the date of registration in the list of lawyers; This does not prejudice
his permission to enjoy at the same time also the professional title of their home
State or its permission according to § 35na.
(8) the Chamber established the European advocate of the list of European lawyers
removed
and if his died) to provide legal services in home State
under the professional title under section 2 (2). 1 (a). (b)),
(b) ceased to be) a national of one of the home countries,
If it is not, or not at the same time another national home
the State,
(c)) for the reasons given in section 7b, paragraph. 1 (a). e) and (f)) and section 8 (2). 1
(a). b) to (d)).
(9) in the case of the suspension of the privilege established European lawyer to
provision of legal services pursuant to this Act shall apply mutatis mutandis
the provisions of § 8b paragraph. 2, § 9 (2). 4, section 9a, 9b, and § 55 paragraph. 7.
the case of the deletion of established European lawyer from a list of European
Solicitors shall apply mutatis mutandis to the provisions of section 7b, paragraph. 2 and § 8 paragraph. 2 and
3.
(10) the suspension of the privilege of established European lawyer to
provision of legal services in accordance with this law, as well as on its
removed from the list of European lawyers inform the Chamber without delay,
within one week, the competent authority of the home State. ".
60. In the section at the end of the text 35n to paragraph 4, the words "or
to exercise the legal profession as an employed lawyer (section 15a) ".
61. the following section is inserted after section 35n 35na, which reads as follows:
"§ 35na
Foreign company
(1) Established a European lawyer, who is a member of the legal person,
based in his home State (hereinafter referred to as "foreign company"), the
provide legal services on behalf of the foreign company, if the
and foreign companies are partners) only natural persons referred to in
§ 2 (2). 1 (a). (b) point (2),)
(b)) business for foreign companies is the only provision
legal services,
(c) the foreign company) has at least 2 partners and
(d) the foreign company or organizational) component of the enterprise (hereinafter
"organisational") was under the special law
registered in the commercial register ^ 2).
(2) as the statutory body of the foreign company or its Manager
organizational folder can be entered into the commercial register only
established European lawyer, which is a companion to a foreign company.
As a representative of foreign company in the commercial register can be
written only established European lawyer; the provisions of § 15 of paragraph 1. 5 sentence
the second applies mutatis mutandis.
(3) the Foreign company may employ in the employment relationship established
European lawyers, attorneys and law practitioner.
(4) each partner foreign company that is liable for its obligations
all your assets (hereinafter referred to as "unlimited guarantee companion"), must be
in case of liability for damage resulting from a foreign company in the
connection with the provision of legal services in the territory of the Czech Republic from
the date of registration of the foreign company or its organizational folder to
commercial register of insured as a companion to the public business
company or komplementář limited partnership pursuant to section 24a, paragraph.
1 (hereinafter the "insurance associates of foreign companies").
(5) a foreign company that has no unlimited guarantee
partners must be from the date of its registration or the registration of its organizational
folder in the register of insured for liability for
damages in connection with the provision of legal services on the territory of the
The Czech Republic as a limited liability company under this
the law; foreign company, which is in addition to the other shareholders at least
one achieves an unlimited partnership, must be insured as
a limited partnership under this Act (hereinafter referred to as "insurance
foreign companies ").
(6) the Foreign company is obliged to submit a copy of the Chamber or
certified copy of the insurance contract the insurance Associates
foreign companies or foreign companies by the end of the insurance
the calendar year preceding the calendar year to which the
covered by insurance, as well as at any other time, if the Chamber so requests.
(7) the conditions referred to in paragraph 1 (b). and (c))) and insurance
members of foreign companies or foreign insurance company
is a prerequisite for the registration of a foreign company or its business
folder in the commercial register. The original or an officially certified copy of
the insurance contract the insurance company or the partners foreign
foreign insurance companies and title deeds to observe
the conditions referred to in paragraph 1 (b). and (c))) must be connected to the
the proposal for the registration of a foreign company or its organizational folder to
commercial register and kept in the collection of documents of the business
the index, including their amendments ^ 10f).
(8) a Chamber of the Court shall without delay, in accordance with the specific legislation
the proposal for the deletion of a foreign company or its organizational components of the
commercial register, if
and) finds that the foreign company does not meet the conditions referred to in
paragraph 1 (b). and (c)))
b) finds that the companions of the foreign companies are not insured under the
paragraph 4,
(c)) finds that a foreign company is not insured under paragraph 5,
(d) fails to comply with the obligation of the foreign company) referred to in paragraph 6.
(9) for the foreign company shall apply mutatis mutandis to the provisions of § 15 of paragraph 1.
4 and 8, § 18 paragraph. 1, section 19, 20, section 22, paragraph. 1, § 23, section 24, paragraph. 2 and 3, §
25, 28 and 29.
(10) the provisions of paragraphs 1 to 9 concerning the established European
Solicitors shall apply mutatis mutandis for the lawyers, who are companions
foreign companies and were included in the list of lawyers under section 5b.
(11) When the transfer of the foreign companies on the territory of the Czech
the Republic shall apply the provisions of paragraphs 1 to 10 shall likewise. ".
62. In section 37, paragraph. 1 letter e) including footnote No 14 c is inserted:
"e) who is a lawyer or to a company in the service
agreed on a fixed weekly working time according to a special legal
Code ^ 14 c).
14 c) § 83a paragraph. 1 and 5 of the labour code ".
63. In section 37, paragraph. 2, the first sentence shall be replaced by the phrase "If the applicant meets the
the conditions referred to in paragraph 1, the Chamber it writes to the list of law firms
executives on the basis of a written request, and the date referred to in
This request; This day, however, must not precede the date of creation of the work
the ratio referred to in paragraph 1 (b). e).".
64. In paragraph 37. 4 at the end of the text of subparagraph (b)), the comma shall be replaced by
a semicolon and the following words "official verification of the signature is not required,
If the trainee shall deliver a written request for the deletion from the
the list of legal executives personally to the President of the Chamber or
the authorized employee of the Chamber and this request before it will sign, ".
65. In paragraph 37. 5 the first sentence, after the words "the Chamber delivered;" be inserted
the words "official verification of the signature is not required, if the trainee
the request to the President of the Chamber shall deliver personally or authorized employees
The Chamber and the request shall be signed by him. ". In the second sentence, the words "in article 9
paragraph. 2 "shall be replaced by the words" in section 9 (2). 2 and 3 ".
66. In paragraph 37. 6, the words "§ 9 (2). 3 "shall be replaced by the words" § 9 (2).
4. "
67. In § 40 paragraph 3 including footnotes, No 15:
"(3) the Chamber shall be exercised by the public administration in the field of advocacy ^ 15).
15) section 1 of the Act No. 500/2004 Coll., the administrative procedure code. ".
68. In paragraph 44. 3 at the end of the text of subparagraphs (c) and (d))) added
"or section 9 (2). 3. "
69. In paragraph 44. 3 at the end of the period is replaced by a comma and the following
the letters e) and (f)) are added:
"e) cancelling a decision suspending the performance of advocacy under section 55, paragraph.
7,
(f)), which was not the annulment of the decision of advocacy is suspended under section
55 paragraph. 8. ".
70. In section 45, paragraph. 2 at the end of the text of subparagraph (a)) and on the words "
cancellation of the appointment of a lawyer pursuant to § 18 paragraph. 4 "and for the letter g)
the new letters, h) and (i)) are added:
"(h)) to suspend the privilege established European lawyer to provide
legal services under this Act in accordance with § 35 paragraph. 6,
I) strike out established European lawyer from a list of European
lawyers according to § 35 paragraph. 8. "
Letter h) is renumbered as paragraph (j)).
71. In section 45, paragraph. 3 the words "and public companies
carrying out advocacy "shall be replaced by the words", the company and the
foreign companies ".
72. In paragraph 46. 4, the reference to footnote No. 10a is replaced by the
referring to footnote No. 9a.
73. § 46 paragraph 5 is added:
"(5) the Supervisory Board shall perform the tasks of the Chamber laid down specific legal
law on the measures against the legalization of proceeds from crime ^ 9a);
details on the procedure for the control of the Council and of the obligations of lawyers
arising from this special legislation provides for the estates
prescription. ".
74. In section 50, paragraph. 2, the words "within the period of two months from its adoption"
shall be deleted.
75. the following section shall be added to § 52a 52b, which reads as follows:
"§ 52b
The Ministry of Justice shall exercise State supervision over the activities of lawyers
According to § 25a. ".
76. In section 53, paragraph. 1 (a). and it is the word ")" shall be replaced by the word "its".
77. In section 53, paragraph. 1 (a). (h)), the words "and 55a" shall be deleted.
78. Article 54, paragraphs 1 to 3, the words "at least in Brno and Prague"
shall be deleted.
79. § 54 paragraph. 2 the words "the Member States of the European Union or
the Member States of the agreement on the European economic area ' shall be replaced by
the words "home countries".
80. In § 54 paragraph 3, the following paragraph 4 is added:
"(4) bar exams, proficiency tests and uznávací tests
perform in Prague and Brno, where appropriate, and in the other place designated
Chamber. ".
The current paragraph 4 shall become paragraph 5.
81. section 55 including the footnotes no 15a and 15b:
"§ 55
(1) In matters referred to in section 44, paragraph. 3 and in section 45, paragraph. 2 progress
authorities of the Chamber according to the administrative code ^ 15a), unless otherwise provided in this law
another. The provisions of sections 10 and 11, 13, 25, 58 to 63, § 71 paragraph. 3 to 5, § 73
paragraph. 1, § 80 to 100, 103 to 129, 135 to 139, 141 to 152 and 178
the administrative code are not applicable.
(2) a participant in a proceeding may be referred to in paragraph 1 represented on the basis of
full power only by a lawyer; guardianship proceedings may be
only a lawyer appointed.
(3) the proceedings referred to in paragraph 1 may examine witnesses, experts or
the participants, as well as perform other evidence under the conditions referred to in section 33
paragraph. 6.
(4) in proceedings in which to decide the Board (section
paragraph 44. 3), always orders the oral proceedings.
(5) a written copy of the decision of the Chamber, which is under the control
paragraph 1 shall expire, shall contain a statement of grounds and lessons on options
brought against the decision of the lawsuit under a special legal regulation ^ 8a);
justification and lessons are not needed if the decision conform to all
participants in full.
(6) the decision of the Chamber is Delivered in legal power.
(7) the Chamber may annul the decision on a proposal from the advocate of the suspension
the exercise of advocacy under section 9 (2). 2 (a). and more), the duration of the
the suspension of the practice due to the personal circumstances of a lawyer, to the
circumstances, which came to light after the initiation of criminal prosecution, or to the
the time when to initiate criminal prosecution, has lost in importance, or
happened to the lawyer the unreasonably strict; However, the lawyer is entitled to
to submit such a proposal as soon as possible after one year from the date of legal power
the decision on the suspension of the exercise of advocacy. The provisions of the code of civil procedure
administrative satisfaction is without prejudice to the appellant by ^ 15b).
(8) the Chamber may, on a proposal from the disciplinary prosecutor or even ex officio cancel
the decision, which was not the power of advocacy under section 9 (2). 2 (a). and)
suspended, and in things again to decide if, due to circumstances,
that came after this decision made clear, has been undermined confidence in the next
the proper exercise of advocacy lawyer, against whom the prosecution is conducted.
(9) an enforceable decision is enforceable and
Executive title according to the specific legislation of ^ 14).
15A) Act No. 500/2004 Coll., the administrative procedure code.
15B) section 62 of the administrative judicial procedure. "
82. section 55a including footnotes 16 and 16a is hereby repealed.
83. In paragraph § 55e. 1, the words "the provisions of § 14 paragraph. 3 and § 15 paragraph. 5 "
replaced by the words "the provisions of § 14 paragraph. 4. "
84. In paragraph § 55e. 2, after the words "the summons of a party to the disciplinary proceedings
the negotiations, ", the words" punitive and more "and the words" or an appeal
to the courts (section 55a) "shall be replaced by the words" in accordance with the Special
the law ^ 8a) ".
85. In paragraph 3 of section 55e:
"(3) subject to this Act, for the service of documents pursuant to
paragraph 2 shall apply the provisions of the administrative procedure for service of documents
in the administrative procedure, with the exception of the provisions of section 20 (2). 6 and section 24, paragraph. 2
the administrative code ^ 15a). ".
86. the footnote No. 16b is repealed.
87. section 60, including footnote 18 repealed.
Article II
Transitional provisions
1. In assessing the period of legal practice of the trainee lawyers, which was
carried out before the date of entry into force of this Act, the Czech
According to the existing rules of the Bar Association.
2. Disciplinary command can be issued even in the disciplinary proceedings initiated before the date of entry into
the effectiveness of this law, if in case there had been no prior disciplinary appeal
negotiations and are subject to the conditions laid down for the issue of disciplinary command
Act No. 85/1996 Coll., on the legal profession, in the version effective as from the date of acquisition
the effectiveness of this Act.
3. within the period of one year provided for in § 55 paragraph. 7 of Act No. 85/1996
Coll. in the wording of the legal profession, effective from the date of entry into force of this
the law includes the time which began to run prior to the date
the effectiveness of this Act.
4. The Czech Bar Chamber may decide, pursuant to section 55, paragraph. 8 of Act No.
85/1996 Coll., on the legal profession, as amended effective from the date of entry into force of
This Act, for annulment of the decision, which was not the power of advocacy
suspended, only in the case when this decision was taken after the date of
the entry into force of this law.
Article. (III)
For the publication of the full text of the Act
The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text
Act No. 85/1996 Coll., on the legal profession, as derived from the laws and award
The Constitutional Court it is changing.
PART THE SECOND
Amendment to the criminal procedure code
Article IV
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
the text of Act No. 57/1965 Coll., the Act No. 58/1969 Coll., Act No. 149/1969
Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980
Coll., Act No. 159/1989 Coll., Act No. 172/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., ruling
the Court declared under no. 214/1994 Coll., the finding of the Constitutional Court
declared under the No. 8/1995 Coll., the Act No. 152/1995 Coll., Act No.
150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.
166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.
30/2000 Coll., Act No. 227/2000 Coll., the finding of the Constitutional Court declared
under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.
the finding of the Constitutional Court declared under no 424/2001 Coll., Act No.
200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No.
257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.
587/2004 Coll., the finding of the Constitutional Court declared under the No 45/2005 Coll.
the finding of the Constitutional Court declared under no 239/2005 Coll., Act No.
394/2005 Coll. and Act No 413/2005 Coll., is hereby amended as follows:
1. § 85a is inserted after section 85b is inserted:
"section 85b
(1) when performing searches or inspections of other premises, in
which the lawyer performs legal profession, if there can be the instrument,
that contain fact, covered by the obligation of professional secrecy
the lawyer, is the authority performing the Act obliged to request the assistance of the Czech
Bar Association (hereinafter referred to as the "Chamber"); the authority performing the Act is
entitled to acquaint themselves with the contents of these documents only in the presence and with the
the representative of Chamber of Commerce, which designates the President of the Chamber from among the
its employees or from the ranks of lawyers. The opinion of the representative of the Chamber of Commerce is
should be stated in the Protocol, pursuant to section 85, paragraph. 3.
(2) If a representative of the Chamber of the consent referred to in paragraph 1 must
be an instrument for the participation of the authority in carrying out the action, a lawyer and representative of the
The Chamber secured so that no one could have with their content,
where appropriate, is to destroy or damage; immediately after shall be
relevant documents transmitted to the Chamber. The Chamber returns the lawyer
without delay after the vain expiry of the period for submission of the proposal referred to in paragraph
5. The Chamber shall proceed mutatis mutandis, if the proposal was rejected, and even on the
some of the instruments; in such a case, the Chamber returns to the lawyer only you
the instrument, which is the rejection of the proposal concerned. The Chamber returns to the lawyer
of the Charter without delay whether or not then, when it was informed of the procedure referred to in
of paragraph 6.
(3) in the case referred to in paragraph 2, the first sentence can be the consent of the representative of the
The Chamber to replace on a proposal from the authority, which the House tour or tour
other space ordered by decision of the judge of superior court, the closest
in which the President of the Senate acts or the judge who is authorized under section
paragraph 83. 1 and § 83a paragraph. 1 order the House tour or tour
the other premises. This applies even if other space tour was
the police authority made under section 83a paragraph. 3; the proposal in this case
the President of the Senate, and served in the preliminary proceedings, the Prosecutor.
(4) the proposal must, in addition to the General requirements (section 59 (4)) contain
the marking of an instrument in respect of which the applicant is seeking the replacement of the
the consent of the representative of the Comoros to get familiar with their content, and presentation
facts showing why the Chamber of representatives to the opposition
Introduction to the authority conducting the operation containing such documents to be
replaced by decision of a judge referred to in paragraph 3. The draft is to be
join the Protocol, in which is recorded the opposition of representative Chamber with
to the authority conducting the operation containing documents.
(5) the proposal must be made within 15 days from the date, when the Chamber of representatives refused to
give consent to get familiar with the contents of the documents, on which the
the applicant referred to in paragraph 4, the applicant seeks the consent of the representative of the Chamber of replacement
to familiarize yourself with their content.
(6) to a design that does not contain all the particulars or which is
unintelligible or indeterminate, judge; the provisions of section 59 paragraph.
4 third and fourth sentence shall not apply. Similarly, the judge shall proceed, if the
the proposal filed late or has been filed by someone who is not to design
entitled to. For this procedure, the judge shall inform the applicant without delay and
Chamber.
(7) if the judge did not proceed in accordance with paragraph 6, without undue
delay the proposal in a public meeting and the Chamber to him when it
submit a Charter, in respect of which the applicant is seeking the replacement of the
the consent of the representative of the Chamber of Commerce to become familiar with their content. The judge next to
other acts also will examine whether the security was not breached by the instruments
submitted by the Chamber of Commerce, and get acquainted with their contents; at the same time make
the measures, to the appellant and no one else on the content of the instruments in the
public meetings could not know.
(8) If an adjournment of public meetings, the judge of the Charter secures the
so, to make with their content no one could meet, where appropriate, is to destroy the
or damage.
(9) the judge, if concluded, that the Charter does not contain
the facts on which the lawyer is obliged to maintain confidentiality;
otherwise, the proposal will be rejected.
(10) if the judge at least in part, shall be forwarded without delay after
the legal power of the resolution of the instrument for which it was replaced with the consent of the
the representative of the Comoros to familiarize yourself with their content, authority to the implementing
operation and saves him, returned to the Chamber immediately after, as soon as their
the contents of the familiar; This does not apply, are to be used as such an instrument
evidence in criminal proceedings. Of the Charter, on which the proposal was rejected,
judge returns without delay after the final resolution of the Chamber.
(11) in the case of the Charter, it is not possible to turn over authority to the implementing
Act, the Chamber or their representatives personally, shall not later than the first
working day following the date on which the resolution has legal power,
the authority performing the Act or through a Chamber of
the postman or the organs of the judicial guard.
(12) the Charter, in paragraphs 1 to 11 shall mean the document, or both
part of it, and another carrier information. ".
The existing section 85b is renumbered as section 85c.
2. In section 85c, the words "§ 83a 83, 84, 85, 85a, and" shall be replaced by "section 83,
83A, 84, 85, 85a and 85b ".
3. In section 151 at the end of paragraph 2 the following sentence "the provisions of the second sentence
shall also apply in the case where the Attorney is a member of a legal person
established in accordance with the specific legislation governing the performance of the
advocacy ^ 4) and the tax payer is this legal person. ".
Footnote 4:
"4) § 11 (1). 1 and section 15 of Act No. 85/1996 Coll., as amended
regulations. ".
4. In section 160 at the end of paragraph 2 the following sentence "a copy of the resolution on the
the initiation of criminal prosecution of a lawyer is to be delivered without delay whether or not
the Minister of Justice and the President of the Chamber. ".
5. In section 176 of the text at the end of paragraph 1, the words ", and if the
the lawyer also accused the Minister of Justice and the President of the Chamber ".
6. In section 179d, the following paragraph 3 is added:
"(3) on the filing of a proposal to punish the lawyer the Prosecutor without delay
shall inform the Minister of Justice and the President of the Chamber. ".
PART THE THIRD
To change the code of civil procedure
Article. In
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. 49/1973 Coll., Act No. 20/1975
Coll., Act No. 133/1982 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. 117/1994 Coll., the Act No. 152/1994
Coll., the 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., the finding of the Constitutional Court declared under no. 31/1996 Coll., Act No.
142/1996 Coll., the finding of 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. 165/1998 Coll., the Act No. 326/1999 Coll.
Act No. 360/1999 Coll., the finding of 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. 370/2000 Coll., Act No.
120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.
271/2001 Coll., the finding of the Constitutional Court declared under no. 276/2001 Coll.
Act No 317/2001 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 Sb.
Act No. 226/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.
the finding of the Constitutional Court declared under no. 476/2002 Coll., Act No.
88/2003 Coll., Act No. 120/2004 Coll., the finding of the Constitutional Court declared
under no 153/2004 Coll., Act No. 235/2004 Coll., Act No. 257/2004 Coll.
Act No. 340/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll.
Law No 554/2004 Coll., Act No. 555/2004 Coll., Act No. 628/2004 Coll.
Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.
the Act No. 216/2005 Coll., Act No. 342/2005 Coll., Act No. 377/2005 Coll.
Act No. 383/2005 Coll. and Act No 413/2005 Coll., is hereby amended as follows:
1. In section 48, paragraph. 2, the words "public companies" shall be replaced by
the words "trading company".
2. In section 79, the following paragraph 4, including the footnote.
62A is inserted:
"(4) a copy of the document instituting the proceedings on the legal
capacity, who is a lawyer, 62a) ^ delivers the Court without delay whether or not
the Minister of Justice and the President of the Czech Bar Association.
62A) section 4 of Act No. 85/1996 Coll. ".
Former footnote No. 62a to 62d are renumbered as notes
footnote No. 62b, 62e up to and including references to footnotes.
3. In the section 81 at the end of paragraph 3 the following sentence "the resolution on the initiation of the
proceedings on the legal capacity of the person who is the lawyer ^ 62a)
the Court also delivered without delay to the Minister of Justice and the President of the Czech
the Bar Association. ".
4. In article 137, paragraph. 1, after the word "tlumočné", the words ", the replacement for the
value added tax ".
5. In article 137, paragraph 3 including the footnotes No. 57 d and 57e:
"(3) the compensation for the value added tax belongs to the costs of the proceedings, only
If the representative is a lawyer, a notary in the scope of their permissions set
Special provisions) or ^ 57 patent attorney, who is the payer of the tax
from value added tax under special legislation ^ 57 d), or if the
a representative of the Attorney, who is a member of a legal person established under the
the purpose of the exercise of advocacy under special legislation, and ^ 57e)
a payer of value added tax under special legislation ^ 57 d)
This is a legal person, or if done in the management of heritage acts
a court Commissioner notary who is liable to pay value added tax in accordance with
special legal regulation ^ 57 d).
57 d) of Act No. 235/2004 Coll., on value added tax, as amended by
amended.
57e) section 11 (1). 1 and section 15 of Act No. 85/1996 Coll., on the legal profession, as amended by
amended. ".
Footnote No. 57a: "Act No. 235/2004 Coll.,
about value added tax. ' shall be deleted.
6. In paragraph 140. 2, the first sentence shall be replaced by the phrase "if appointed
participant representative lawyer applies his cash outlays and a reward for
representation, where compensation for value added tax, the State. ".
7. In paragraph 140. 3, the first sentence shall be replaced by the phrase "in the management of heritage
pays the notary and his cash outlays, where compensation for tax
of value added, the heir, who has acquired a heritage which is not předluženo. ".
8. In paragraph 151. 2, the first sentence shall be inserted after the phrase "compensation for tax
the Court shall determine the added value of the rewards for the representation of the refunds from rewards
notary public for acts of the Commissioner and of its cash expenses
the rate of value added tax provided for a particular legal
^ regulation 57 d). ".
9. In article 151a, the words "and if the tax payer, also the amount corresponding to
This tax, which is liable according to a special legal
^ Regulation 57a) "shall be replaced by the words", where appropriate, whether or not compensation for value added tax
the values ".
10. In section 200d (a). (e)), the semicolon after the word "facts" be replaced by
dot and the words "the provisions of section 43 shall not apply." shall be deleted.
11. In section 200d, the following paragraphs 3 and 4 are added:
"(3) by a resolution issued by the Court within the period of 3 working days from the arrival of the proposal
the Court shall invite the applicant to correct the defects in the design or to supplement
the missing documents; a recurring challenge shall not be admitted. The provisions of § 43 shall
apply mutatis mutandis. The period referred to in section paragraph 200db. 1 shall start to run on the date of
following the date on which it was delivered to the court filing, which was defect
removed or added.
(4) in its resolution, in which the Court rejects the proposal referred to in paragraph 1, shall be
the reasons for the denial, including the lessons learned, how to remove deficiencies. ".
12. In section 200da, paragraphs 1 to 3 shall be added:
"(1) if the proposal is rejected under section 200d, the Court examines whether the data on the
the facts, which shall be entered in the register, stem from documents,
to be under special legislation to draft documented,
whether the proposed business name is not interchangeable with other already existing
business name, or if it is not misleading.
(2) to be entered under special legislation to register
the facts on the basis of the decision of the Court or of an administrative authority, the Court
registration shall carry out, without issuing a decision.
(3) the Court shall make the registration, without issuing a decision, even if only
If you have entered the fact matting proposed in the attached
notarial law registration; in this case, in addition to the findings of the Court referred to in paragraph
1 examine only whether notarial deed meets the requirements on it
a special legal regulation. The procedure referred to in the previous sentence shall apply
only if the applicant and the only party to the proceedings
the entrepreneur, which involved. Notarial record is eligible
the basis for registration, even if the specific legislation of this form of legal
the Act does not require it. ".
13. In section 200da paragraph. 4 before the existing text inserted after the sentence, which
added: "Without the release of the decision of the Court shall make the registration in the Register also
If the validity or effectiveness of the facts proposed to write
does not occur under special legislation to their entry into
the register. The procedure referred to in the previous sentence shall apply only if the
the applicant is the sole party to proceedings and an entrepreneur, which write
relates. ".
14. In section 200da paragraph 5 is added:
"(5) in the case of persons not under special legislation
submit proposals to write on the forms, the Court always decides resolution. ".
15. In section 200da, the following paragraph 7 is added:
"(7) errors in writing and in numbers, as well as the other obvious inaccuracies in the
the registration referred to in paragraphs 2 and 3 of the President of the Senate at any time, and corrected without
the proposal, without issuing a decision, and shall inform participants of
control by sending an extract from the register that contains this fix. the provisions of the
§ 200db paragraph. 4 shall apply mutatis mutandis. ";"
16. In paragraph § 200db. 1 the dot at the end of the sentence is replaced by a semicolon and
the following words "in the case of the registration of the conversion in accordance with the Special
legislation or, in the case where the file is not located at the register
the Court, as was presented to another court, in particular the decision on
appeal or the jurisdiction of the Court, the time limit referred to in this sentence
be extended to 15 working days. If there is no proposal filed in Czech language
Alternatively, if they are not translated into the Czech language of the Charter, which, according to
special legislation demonstrate the details of the written
the facts, the time limit referred to in the first sentence starts to run until delivery
translation. ".
17. In paragraph § 200db. 2 at the end of the following sentence is added: "If the
the Court decision, which prevents him from continuing the proceedings, in particular if
proceedings or decides if a local jurisdiction, begins the period referred to in
paragraph 1, the date of abolition of barriers in control. ".
18. In paragraph § 200db. 3, the words "If the Court does not write to the registry
pursuant to section 200da paragraph. 3 and the draft decides under section 200da paragraph. 4
within the time limit referred to in paragraph 1 "shall be replaced by" If the Court does not write
in the register and not a proposal, decides within the time limit referred to in paragraph 1 ".
19. In the section at the end of paragraph 200db 3, the following sentence is added: "the Court
the projection of the entry in the register within 2 days from the date of such registration
under the first sentence per. ".
20. the following paragraph is added to section 200db 5, which reads as follows:
"(5) the person entered under a special legal regulation in the register in
the registration of entrepreneurs in case their deletion from the register
Sue also changes, if made otherwise than in accordance with
paragraph 3; paragraph 4 shall apply mutatis mutandis. ";"
21. section 200dc including footnotes no 72a:
"§ 200dc
(1) on the registration carried out according to § 200da paragraph. 3 (a). 4 and the first sentence of section
200db paragraph. 3 the Court shall inform the parties to the proceedings by sending them an extract from the
the register containing the entry. Notification under this provision
the Court also shall send to the parties, which shall be entered under a special rule
the regulation in the context of the registration of businesses. The listing must be sent no later than
within 3 days of registration.
(2) the registration Court shall carry out without undue delay from legal
to be able to write about the content of the resolution.
(3) on the registration of the foreign legal person providing legal services in accordance with
special legal regulation), write, ^ 72a organizational folder of the
the enterprise or on the registration of the transfer of its registered office on the territory of the Czech Republic
notify the Court always also the Czech Bar Chamber.
72A) § 35na paragraph. 1 (a). (d)) of the Act No. 85/1996 Coll., as amended
regulations. ".
22. the following section is inserted after section 200dc 200de, which reads as follows:
"§ 200de
The President of the Senate can save entrepreneurs also fined,
If they disobeyed the court challenges, to indicate fact or
submit the documents necessary to a decision under section 200b paragraph. 1 the second sentence
or to submit documents, which according to the specific legislation
belong to collections of documents. Similarly, when it proceeds under section 53, with
It fined can be stored in the amount of $ 2,000. ".
23. § 200j of up to 200 m, including title and footnotes no 75a and 75b
added:
"The procedure for the replacement of the consent of the representative of the Czech Bar Chamber to
familiarize yourself with the contents of the documents, which can contain the facts on
covered by the obligation of professional secrecy Attorney
§ 200j
(1) the proposal for the replacement of the representative's consent in matters of the Czech Bar Association
to get familiar with the contents of the documents, which can contain the facts on
covered by the obligation of professional secrecy under the special advocate
the law ^ 75a), can only submit one about which it lays down special
legal prescription ^ 75b).
(2) the petition must, in addition to the General requirements (section 42 (4)) contain
the marking of an instrument in respect of which the applicant is seeking the replacement of the
the consent of the representative of the Czech Bar Chamber to get familiar with their
the content, and the facts showing why the opposition
the representative of the Czech Bar Chamber to get acquainted with the contents of the appellant's
These instruments to be replaced. The draft protocol must be connected or
Another notation, which is detected by the opposition of the representative of the Czech Bar Association
the Chamber to the applicant with the content of the instruments.
(3) the Charter, this means how the document, where applicable, its
part, and the other a carrier of information.
(4) the proposal must be submitted no later than 15 days after the day on which the representative of the
The Czech Bar Association refused to grant consent to get familiar with the contents of
documents in respect of which the applicant referred to in paragraph 2, the applicant seeks
replace consent. Deadline for submission of the proposal cannot be waived.
§ 200 k
(1) to control the competent regional court, in whose district it is situated
lawyer ^ 60), whose Charter.
(2) the parties are the applicant, Czech Bar Association and the
the lawyer, whose Charter.
§ 200 l
(1) the proposal does not contain all the particulars or which is
incomprehensible or vague, without a hearing, the Court refuses, if for
These deficiencies cannot continue in the proceedings; the provisions of § 43 shall
does not apply. Without a hearing, the Court also rejects the proposal, has been filed
late or was filed by someone who is not entitled to the design.
(2) if the Manner referred to in paragraph 1, the Court without undue delay
ordering to discuss the substance of the negotiations and of the Czech Bar Chamber,
presented to him during the negotiations of the Charter, in respect of which the applicant
is seeking the replacement of the consent of the Czech Bar Chamber to get familiar with
their content. The hearing is closed to the public.
(3) at the hearing referred to in paragraph 2 of the nařízeném in addition to other actions, the Court also
examine whether the security was not breached documents submitted by the Czech
the Bar Association, and in the absence of other persons are familiar with their
the contents; at the same time take measures to ensure that the appellant and no one else on the
the content of the documents at the hearing could not learn.
(4) If an adjournment of the hearing, the court documents so as to ensure the
their content no one could meet, where appropriate, is to destroy or
damage.
(5) the Court proposal, if concluded, that the Charter does not contain
the facts on which the lawyer is obliged to maintain confidentiality
under special legislation ^ 75a); otherwise, the proposal
will be rejected.
(6) the Court shall decide by resolution, against which the provisions are not acceptable
resources. The resolution referred to in § 200 l, paragraph. 5 it is necessary to declare immediately after
the end of the negotiations; the provisions of section, paragraph 156. 2 does not apply.
§ 200 m
(1) the resolution, in which the Court ruled on the proposal referred to in § 200 l, paragraph. 5, is
his announcement of the judgment shall be enforceable.
(2) if the Court proposal, at least in part, it shall transmit immediately after
the publication of the resolution of the instrument for which it was replaced by the consent of the representative of the
The Czech Bar Association are reviewing their contents, the claimant
and saves it to the Czech Bar Chamber is returned immediately after, as soon as
become familiar with their content. Of the Charter, on which the proposal was rejected,
Court returns immediately after the publication of the resolution of the Czech Bar Chamber.
(3) in the event that the instrument is not possible to dispose of the claimant, the Czech
Bar Association or their representatives personally after the publication of the resolution,
shall, not later than the first working day following the date on which it was
the resolution declared, the claimant or of the Czech Bar Association
by bailiff or the organs of the judicial guard.
75A) § 21 of Act No. 85/1996 Coll.
75b) § 16. 11 of Act No. 337/1992 Coll., on administration of taxes and fees, in the
as amended.
section 127, paragraph. 17 of Act No. 13/1993 Coll., the Customs Act, as amended
regulations. ".
Article VI
Transitional provisions
1. Proceedings in the matters of the commercial register initiated before the date of
the effectiveness of this law shall be completed in accordance with existing legislation.
2. In the period of one year from the date of entry into force of this Act applies,
the period referred to in section paragraph 200db. 3 of the code of civil procedure, as amended by
effective from the date of entry into force of this Act, the registration of the conversion
companies under special legislation extended for an additional 5
working days, even if the time limit is extended under section 200db
paragraph. 2 of the code of civil procedure.
3. Until 31 December 2006. December 2006, issue a registration court always documentary officially
a certified copy of a partial or full registration or documents stored in the collection
instruments or confirmation that the entry in the commercial register;
the provisions of § 28 paragraph. 3 the first and second sentences shall not apply.
PART THE FOURTH
cancelled
Article. (VII)
cancelled
PART THE FIFTH
Amendment of the Act on bankruptcy and settlement
Article. (VIII)
Act No. 328/1991 Coll., on bankruptcy and settlement, as amended by Act No.
122/1993 Coll., Act No. 42/1994 Coll., Act No. 74/1994 Coll., Act No.
117/1994 Coll., Act No. 156/1994 Coll., Act No. 224/1994 Coll., Act No.
84/1995 Coll., Act No. 94/1996 Coll., the Act No. 151/1997 Coll., Act No.
12/1998 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
105/2000 Coll., Act No. 211/2000 Coll., Act No. 368/2000 Coll., Act No.
370/2000 Coll., Act No. 120/2001 Coll., Act No. 125/2002 Coll., the award
The Constitutional Court declared under no 403/2002 Coll., the finding of the Constitutional Court
declared under the No. 101/2003 Coll., the finding of the Constitutional Court declared under
No 210/2003 Coll., Act No. 257/2004 Coll., Act No. 499/2004 Coll., Act
No 179/2005 Coll. and Act No. 377/2005 Coll., is hereby amended as follows:
1. In section 4, at the end of paragraph 6 the following sentence "the submission of the proposal on
bankruptcy lawyer who is ^ 1), or for a declaration of
bankruptcy legal entities established to pursue advocacy ^ 1a), the Court shall inform the
without delay, whether or not the Minister of Justice and the President of the Czech Bar Association
Chamber. ".
Footnote No. 1 and 1a shall be inserted:
"1) section 4 of Act No. 85/1996 Coll., on the legal profession.
1A) section 15 of Act No. 85/1996 Coll., as amended by Act No. 228/2002 Coll. ".
Former footnote No. 1 and 1a are renumbered as notes under
line no. 1 l and 1 m including links to footnotes.
2. In article 46, the following paragraph 4 is added:
"(4) on the filing of a proposal on the settlement, which is ^ 1), or
legal person established for the exercise of advocacy ^ 1a), the Court shall inform the
without delay, the Minister of Justice and the President of the Czech Bar Association. ".
PART SIX
cancelled
Article. (IX)
cancelled
PART SEVEN
The change of the Customs Act
Article. X
In section 127 of the Act No. 13/1993 Coll., the Customs Act, as amended by law No. 1/2002
Coll. and Act No. 187/2004 Coll., for paragraph 14 shall be inserted after paragraph
15 to 17, including a footnote No 8 c are inserted:
(15) in the implementation of follow-up in the areas referred to in paragraph
8 (a). (e)), in which the lawyer performs legal profession or where can
find the documents referred to in paragraph 8 (a). (f)), which contain the
fact, covered under special legislation applies
the lawyer's obligation of secrecy, the customs authority which followed
inspection is carried out shall be obliged to request the assistance of the Czech Bar Association
(hereinafter referred to as the "Chamber"); the customs authority is entitled to acquaint themselves with the contents of
such documents only in the presence of and with the consent of the representative of the Chamber of Commerce,
the President of the Chamber shall appoint from among its staff or from a series of
lawyers. The opinion of the representative of the Chamber of Commerce is the customs authority shall state in the
the inspection of the Protocol referred to in paragraph 13.
(16) if the representative refuses to consent in accordance with paragraph 15 of the Chamber must
be appropriate documents for the participation of the customs authority which followed
the control is performed, a lawyer and representative of the Chamber of Commerce are secured to the
their content no one could meet, where appropriate, is to destroy or damage the
so that it could be thwarted by the purpose of the follow-up; immediately after the
the relevant documents must be transmitted to the Chamber. Chamber returns these to the lawyer
documents without delay, after in vain, the deadline to submit a proposal under the
paragraph 17; If this proposal is timely filed, the Chamber is treated in
accordance with the decision of the Court under paragraph 17.
(17) in the case referred to in paragraph 16 to consent to a representative of the Chamber of Commerce
Replace on the proposal of the Director of the customs authority which follow-up
done, by decision of the Court under special legislation ^ 8 c).
8 c) § 200j of up to 200 m of the cciv.p. ".
The existing footnote No. 8 c to g are referred to as comments below
footnote No 8 d up to 8 h, and including references to footnotes.
The former paragraph 15 shall be renumbered as paragraph 18.
PART EIGHT
The change of the order of the administrative
Article. XI
Act No. 150/2002 Coll., the administrative court procedure code, as amended by Act No. 192/2003
Coll., Act No. 22/2004 Coll., Act No. 235/2004 Coll., Act No. 436/2004
Coll., Act No. 555/2004 Coll., Act No. 127/2005 Coll., Act No. 350/2005
Coll. and Act No 413/2005 Coll., is hereby amended as follows:
1. In article 14, the following paragraph 5 is added:
"(5) the Assistant judge shall be individual acts of the administrative management of the
the credentials of the judge of the Supreme Administrative Court.
2. In section 29. 2, after the words "purpose of", the words ", and with it the
using the electronic registration of goods, led by the Supreme Administrative
the Court ".
3. In section 35, paragraph. 8 at the end of the text of the second sentence, the words "shall be added; It
the same applies in the case where a person referred to in paragraph 2 are companions
legal persons established in accordance with the specific legislation governing
their profession ^ 6b) and the payer is the legal person ".
Footnote No. 6b added:
"6b), for example, section 11 (2). 1 and section 15 of Act No. 85/1996 Coll., on advocacy,
in the wording of later regulations. ".
4. In section 57 paragraph 2, including the footnote No. 15b:
"(2) If a representative of the participant, a lawyer who is the payer of the tax, belongs to the
the costs of the proceedings also the amount that corresponds to the appropriate tax rate,
calculated from the remuneration and compensation of designated pursuant to § 35 paragraph.
2 the second sentence; the same applies in the case where the lawyer is a partner
legal persons established in accordance with the specific legislation governing
advocacy ^ 15b) and the tax payer is a legal person.
15B) section 11 (1). 1 and section 15 of Act No. 85/1996 Coll., as amended
regulations. ".
PART NINE
The amendment to the law on the Prosecutor's Office
Article. XII
Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by Act No.
261/1994 Coll., Act No. 201/1997 Coll., Act No. 169/1999 Coll., Act No.
11/2001 Coll., the Act No. 14/2002 Coll., Act No. 151/2002 Coll., Act No.
310/2002 Coll., Act No. 192/2003 Coll., Act No. 630/2004 Coll., Act No.
381/2005 Coll. and Act No 413/2005 Coll., is hereby amended as follows:
1. In section 34 paragraph 6 is added:
"(6) the employment relationship of a legal trainee, who has passed the final examination,
can be in agreement with the change to the employment relationship of indefinite duration. In
If the legal representative of the State, became a candidate for employment
ending on the date that precedes the date, which was set as the day for boarding
the performance of this function. ".
2. In the second subparagraph of section 40. 2, after the words "circuit", the words "top,
regional and district "and the words" circuits of the State "shall be replaced by the words
"circuit high, regional, or district of the State."
Article. XIII
The transitional provisions of the
Legal candidates who were in employment in accordance with the existing legal
the adjustments are considered legal trainee under this Act.
PART TEN
Amendment of the Act on courts and judges
Article. XIV
Act No. 6/2002 Coll., on courts and judges, lay judges and State administration
courts and amending some other acts (the Act on courts and judges),
as amended by Act No. 151/2002 Coll., Act No. 228/2002 Coll., the award
The Constitutional Court declared under no. 349/2002 Coll., Act No. 192/2003
Coll., Act No. 441/2003 Coll., Act No. 626/2004 Coll., Act No. 349/2005
Coll. and Act No 413/2005 Coll., is hereby amended as follows:
1. under section 36 shall be inserted a new section 36a, which including the title:
"The judges top Assistants, regional and district courts
§ 36a
(1) the judges of the Supreme, County or District Court may be appointed
Assistant judge. Employment of Assistant judge arises by the appointment and
governed by the labour code, if this law provides otherwise.
(2) an Assistant judge shall be appointed by the President of the competent court, on a proposal from the
the judge, whose Assistant is; Assistant President of the Court and refers
without a proposal. The function of Assistant judge shall be considered canceled, if expires
the functions of the competent judge.
(3) an Assistant judge may be appointed as the upstanding citizen that has
higher education in master's study programme in the field of
the rights to the high school in the Czech Republic. The condition of integrity
does not meet one who was been convicted of a criminal offence, if the
It does not look as if he was not convicted.
(4) the Assistant judge shall perform the individual tasks of the management of the
the credentials of the judge, if provided for by a special law or a schedule of work.
(5) the Assistant judge shall be entitled to participate in the decision-making activities
the Court in the range specified by the special law for the higher court
officials; on his position shall apply mutatis mutandis the provisions governing the
the position of the senior judicial officers. ".
2. In section 39, paragraph. 2, after the words "Prague" shall be inserted after the words "shall act in
The Czech Republic as the Court "shall be replaced by the words" If the General Court
the defendant in the High Court in Prague, and the regional court in Brno,
If the General Court of the defendant in the High Court in Olomouc
decide as courts ".
3. section 116 reads as follows:
"§ 116
(1) the employment of the judicial trainee who has passed the judicial training
the test can be changed with the consent of the employment relationship for the period of
an indefinite period. In the case that he was a judicial candidate named by the judge or
become a higher court, the employment relationship ends on
precedes the date, which was set as the day of the taking up of this function.
(2) the duration of the employment relationship referred to in paragraph 1 shall exercise judicial
expectant Court entrusted tasks under special legislation a higher
the clerk. ".
4. In section 117, paragraph. 4, after the words "the Supreme Administrative Court shall
the words "Assistant judge of the High Court, County or district".
5. In paragraph 123. 2 in the second sentence, the word "Department" shall be
the words "even with the use of electronic registration of things with
each of the courts ".
6. In article 124, paragraph. 2, after the words "purpose of", the words ", and even with
using the electronic registration of things led to the Supreme Court, ".
7. In article 125, paragraph. 2, after the words "purpose of", the words ", and even with
using electronic records things, conducted in the High Court, ".
8. In section 126, paragraph. 2, after the words "purpose of", the words ", and even with
using electronic records things, conducted at the regional and district
the courts ".
9. In paragraph 127. 2, after the words "purpose of", the words ", and even with
using the electronic registration of things, kept by the District Court, ".
10. In section 129, paragraph. 2 the first sentence, after the word "Academy" is the word
"in particular".
11. In paragraph 130. 2 the first sentence, the word "control" is replaced by
"dealt with" and the word "establishes" shall be deleted.
12. In article 130, paragraph. 3, the word "ensure" is replaced with "controls" and
the word "personnel" shall be inserted after the word "education".
13. In section 131, the word "Council" shall be replaced by the word "Director".
14. In § 133 paragraph. 1, after the words "the Council," added a comma and the words "and
other teaching staff ".
15. In § 133 paragraph. 3 the word "programmes" replaced by the word
"teaching", the word "trainer" shall be deleted and the words "salary according to the
special legislation ^ 12) "shall be replaced by the words" salary according to the
special legislation for the academic staff of the State
the high schools ".
Footnote 12 is deleted.
16. the annex No. 5 to the law No. 6/2002 Coll.:
"Annex 5 to the law No. 6/2002 Sb.
A BRANCH OF THE REGIONAL COURTS, THEIR NAMES AND ADDRESSES OF
1. the regional court in Ústí nad Labem-branch in Liberec
In the regional court in Ústí nad Labem, establishes a branch in Liberec.
The seat of the branch is the city of Liberec.
2. the regional court in Ostrava-branch in Olomouc
In the regional court in Ostrava, establishes a branch in Olomouc.
The seat of the branch is the city of Olomouc.
3. the regional court in České Budějovice-branch in Tábor
In the circuit of the regional court in České Budějovice, establishes a branch
in the camp.
The seat of the branch is a town in Tábor. ".
Article. XV
The transitional provisions of the
Judicial candidates, who were employed by the existing legal
the adjustments are considered to be judicial or under this Act.
PART ELEVEN
cancelled
Article. XVI
cancelled
PART OF THE TWELFTH
Change the enforcement order
Article. XVII
Act No 120/2001 Coll., on the activities of bailiffs and enforcement
(execution procedure), as amended by Act No. 6/2002 Coll., Act No. 279/2003 Coll.
Act No. 360/2003 Coll., Act No. 53/2004 Coll., Act No. 284/2004 Coll.
Law No. 499/2004 Coll., Act No. 501/2004 Coll. and Act No. 377/2005
Coll., is hereby amended as follows:
(A) in section 78. (b)), the words ' acts, declarations and "are deleted.
PART THIRTEEN
The EFFECTIVENESS of the
Article. XVIII
This Act shall take effect on the first day of the first month following
After the date of its publication, with the exception of the provisions of part three of the article. In 10 points
up to 20, paragraph 21, regarding the section paragraph 200dc. 1 and 2, point 22. VI, and
the provisions of the eleventh article. XVI, which shall take effect on the date of its
publication.
Zaorálek in r.
Klaus r.
Paroubek in r.
