Amendment Of The Act On The Experts And Interpreters

Original Language Title: změna zákona o znalcích a tlumočnících

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=75862&nr=444~2F2011~20Sb.&ft=txt

444/2011 Sb.



LAW



of 6 May 1999. December 2011,



amending the Act No. 36/1967 Coll. on experts and interpreters, in

as amended



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 36/1967 Coll. on experts and interpreters, as amended by Act No.

322/2006 Coll. and Act No. 227/2009 Coll., is amended as follows:



1. In article 1 (1). 1, the words "by State authorities and bodies to which were transferred

the tasks of the State authorities (hereinafter referred to as the "public authorities") ' shall be replaced by

"public authorities".



2. In article 1 (1). 1 the words "citizens or organizations" shall be replaced by

"natural or legal persons".



3. In section 1 paragraph 2 reads as follows:



"(2) this Act regulates the



and performance expert) conditions and interpretation activities,



(b)) the rights and obligations of experts and interpreters,



(c)) the conditions the activities of expert institutions,



(d)) the scope of the Ministry of Justice and the regional courts in the exercise of

the State administration of surveys and interpretation activities,



e) liability for administrative offences in the performance of surveys and interpretation

activity. ".



4. In article 2 (2). 1 part of the sentence before the semicolon, the word "exercise"

replaced by the words "may exercise only".



5. In article 2 (2). 2 and § 12 para. 2, the words "public authorities" shall be replaced by

the words "public authorities".



6. In section 3, paragraph 3. 2, the word "hluchoněmými" shall be replaced by the words "the deaf and

hluchoslepými ".



7. in section 4, paragraph 4. 1, letter a) is added:



"a) is a citizen of the United States, a citizen of another Member State

The European Union, which has been granted a certificate of temporary residence or

permanent residence permit in the territory of the United States, or State

a member other than a Member State of the European Union, which was

issued with a permanent residence permit in the territory of the United States, ".



8. In section 4, paragraph 4. 1, letter a) the following new subparagraph (b)) to (d)), which

shall be added:



"(b)) is the qualified legal capacity in full,



(c)) is blameless,



(d)) was not in the last 3 years from a list of experts and interpreters

for breach of duties under this Act, ".



Subparagraph (b)) to (d)) shall become letters e) to (g)).



9. in section 4 paragraph 2 reads as follows:



"(2) the condition of integrity referred to in paragraph 1 (b). (c)) does not meet the physical

a person who has been lawfully convicted



and) for an intentional criminal act, or



(b)) for the negligent criminal act committed in connection with the performance of the activity

the experts (an interpreter)

If it does not look as if he has not been convicted. ".



10. in § 5 para. 2, the words "public authorities" shall be replaced by "the institutions

the public authorities "and" competent authorities of social organizations,

If it is apparent from the tasks of these organisations "are replaced by the words

"civic associations, generally beneficial to a company or a Foundation, where

It is apparent from the subject of their activities ".



11. in section 7 (2). 2, the words "permanent residence" are replaced by the words "instead of

permanent residence, or the place of residence on the territory of the Czech Republic according to the

kind of stay of foreigners ".



12. In paragraph 7 (2). 3 and § 21 para. 3 the words "pověřenectvu Slovak

the National Council of Justice and "are deleted.



13. in paragraph 8, the words "and within the prescribed period" shall be replaced by ", in

the prescribed time limit, the scope (the language) and the sector for which they were appointed. "



14. in section 9, paragraph 2 reads as follows:



"(2) the public authorities appoint usually experts (interpreters),

who are included in the list of the regional court in whose area has

public authority registered office or place of work, after the previous discussion

the expert (an interpreter) ".



15. in paragraph 10, the following section 10a is inserted:



"§ 10a



(1) the expert (translator) is obliged to maintain the confidentiality of the

facts about which he learned in connection with the performance of their

expert (interpretation), and after the; This does not apply,

the information about these facts in a reasonable manner for the

scientific or educational purposes. Confidentiality, it may relieve the authority

public authority which it instituted, or one for which the expert

(interpreting) activity on the basis of the Treaty.



(2) the obligation of secrecy in accordance with paragraph 1 shall also apply to

consultants and other persons surveys (interpreting) activities

have been involved. About the obligations of confidentiality is an expert (interpreter) required to these

the person in writing to learn. Confidentiality agreement may exempt these persons authority

a public authority, that the experts (an interpreter) has appointed, or the one for which the

expert (translator), expert (interpreting) activity on the basis of the Treaty

He performed. ".



16. in § 12 para. 1 the first sentence and in section 22 para. 1 the words "

authority ' shall be replaced by the words "public authority".



17. § 12 para. 1, the second sentence is replaced by the phrase "If an expert refuses to

(interpreter) without good reason to perform an Act, it shall inform the authority of the public

the power of the regional court in whose list is an expert (translator) written. ".



18. At the end of paragraph 15, the following sentence "the journal is meant to result in paper or

electronic form. ".



19. In article 16(1). 2, after the word "is" is inserted after "in particular".



20. section 17 including title and footnote No 2:



"The remuneration and reimbursement of costs



§ 17



(1) the expert (translator) is submission of the report (implementation of interpreting

the Act) the right to remuneration.



(2) If an expert opinion (interpreting the Act) specified by a public

be able to reward is subject to provisions of the implementing legislation.



(3) the remuneration referred to in paragraph 2 shall be determined by the amount reasonably incurred

work. The reward may reasonably be shortened if the operation has not been performed

properly or within a specified period.



(4) if the remuneration is determined in accordance with paragraphs 2 and 3, is governed by the agreement between the

expert (interpreter) and the person that an expert opinion (interpreting

action) ordered.



(5) the remuneration provided for in paragraphs 1 to 4 shall be increased by the amount

corresponding to the value added tax, which is expert (translator)

obliged to pay from earnings pursuant to other legislation ^ 2).



2) Act No. 235/2004 Coll., on value added tax, as amended

regulations. ".



21. in section 18 (1):



"(1) If an expert opinion (interpreting the Act) specified by a public

power, has an expert (interpreter) on the right to reimbursement of the costs effectively

incurred in connection with the expert opinion (interpretation Act). ".



22. in section 18 para. 2 the words "lost wages" shall be replaced by the words "loss

earnings ", the words" the authority "shall be replaced by the words" to the authority of

the public authorities "and" public authority "shall be replaced by the words" the authority of the public

power. "



23. in article 18(2). 3 the words "to the State authority" shall be replaced by "to the

a public authority ".



24. in article 18, the following paragraph 4 is added:



"(4) if the remuneration agreed pursuant to § 17 para. 4 and if it is not in the contract

(interpreter) between the appraiser and the person that an expert opinion

(interpretation Act) commissioned, unless otherwise agreed, is included in the consideration

reimbursement of the costs. ".



25. In section 19 (1) including footnote No 3:



"(1) the Remuneration and reimbursement of costs pursuant to § 17 para. 2 and 3 and § 18 para. 1 to

3 expert (interpreter) is obliged to charge at the same time with the filing of expert report

(by doing the interpreting of the Act) ^ 3). Its amount being determined by the authority that

appointed experts (interpreter), and without undue delay, no later than

within 2 months of submission of the report (implementation of interpreting the Act). Reward and

reimbursement of cash expenses must be paid without undue delay after the

their returns within 30 days.



3) § 21 para. 5 (b). b) of Act No. 235/2004 Coll. ".



26. in section 19 para. 2, after the word "remuneration", the words "pursuant to § 17 para.

2 and 3 ".



27. section 20 including the title reads as follows:



"The suspension of the right to exercise the activities of expert or interpreter



section 20



(1) the Ministry of Justice or the President of the regional court may

decide on the suspension of the right to exercise the activities of the experts (an interpreter)

If



and it was against the experts) (interpreter) prosecution for

an intentional criminal offence; This suspension ends on the date of acquisition of legal power

the decision, which ends this prosecution,



b) proceedings have been instituted on the eligibility of the experts (an interpreter) to legal

capacity; This suspension ending on the date of acquisition of the decision,

establishing the management of fitness expert (an interpreter) to legal capacity

ends, or



(c)) on the basis of a final judgment take unconditional performance

the imprisonment.



(2) the Ministry of Justice or the President of the regional court shall decide on the

the suspension of the right to exercise the activities of the experts (an interpreter), if

expert (interpreter) for serious reasons requests up to 4 years.



(3) appeals against decisions issued pursuant to paragraph 1

do not have suspensory effect.



(4) after the period of suspension of the right to exercise the activities of the experts (an interpreter)

not an expert (the translator) to carry out expert (interpreting) activity.



(5) suspension of the right to exercise the activities of the experts (an interpreter) and their

the suspension of this right in accordance with paragraphs 1 and 2 shall record the Ministry of

President of the regional court of Justice, or in the list of experts and

interpreters without delay, but not later than 15 working days after the

the decision on the suspension of the right to exercise the activities of the experts (an interpreter)

become enforceable or when the Ministry of Justice, or


the President of the regional court learned of the termination of the suspension of this

rights. ".



28. in section 20, the following new section 20a to 20 c, which including the following title:



"The termination of the right to perform expert or interpreting activity



section 20a



The right to perform expert (interpretation) the activity shall be extinguished by the experts

(the interpreter)



and) death,



(b)) Declaration for the dead, and that at the date of acquisition of the decision

the Court on the Declaration of death,



c) deprivation of legal capacity, or by limiting eligibility to

legal capacity, and that at the date of acquisition of the decision of the Court

He was interdicted or who have been deprived of his

competence to perform legal acts is limited,



(d)) by a final conviction for an intentional criminal act, or a final

conviction for negligent criminal act committed in connection with the performance of

the activities of the experts (an interpreter)



(e)) by a final penalty removed from the list of experts and

interpreters under section 25a paragraph 1. 3, or



(f)) on the basis of a written request for the deletion from the list of experts and

interpreters brought by the Ministry of Justice or the President of the regional

Court, and that's the end of the calendar month in which the application for

removed from the list of experts and interpreters to the Ministry of Justice

or to the President of the Regional Court delivered.



section 20b



(1) the Ministry of Justice or the President of the regional court shall decide on the

the right to perform expert (interpreting) activity if

subsequently finds that the expert (interpreter) does not meet any of the conditions

for his appointment or, if the following conditions are canceled.



(2) the Ministry of Justice or the President of the regional court may

decide on the termination of the right to perform expert (interpreting) activity

If the expert (interpreter) cannot in the long term for the health or other

compelling reasons to perform properly its activities and has suspended the right to

practise the experts (an interpreter) under section 20, or if these

health or other serious reasons still occur after their suspension

of this right.



§ 20 c



(1) termination of the experts (an interpreter) the right to exercise expert

(interpretation) the activity shall be an expert (interpreter) from the list

experts and interpreters.



(2) deletion from the list of experts and interpreters shall record the Ministry of

President of the regional court of Justice, or in the list of experts and

interpreters without delay, but not later than 15 working days after the

Learn about the right to perform expert (interpreting) activity

or when the decision on the right to carry on business expert

(interpreter) became enforceable. A record of the deletion from the list of

experts and interpreters shall inform the concerned. ".



29. section 21:



"section 21



(1) Znaleckými of the Constitution shall be legal persons or their organizational

folders, which are typically focused on specific and are written

to the list of expert institutions.



(2) the list of expert institutions leads and about writing to it shall be decided by

the Ministry of Justice.



(3) the list of expert institutions are divided into two sections. In the second section of the

list of expert institutions subscribing universities or their components

and public research institutions or other persons of public law, or

their organisational units engaged in research activities in the

the relevant field. These institutes are mainly designed for processing

expert opinions in especially difficult cases requiring

special scientific assessment. In the first section of the list to be entered

other surveys of the Constitution, referred to in paragraph 1.



(4) the College or its part can be written to the expert list

institutes, if in the relevant or related field accredited doctoral

the study program.



(5) public authorities may ask the expert institutes registered in the section

Second, to submit an opinion, only if the case pursuant to paragraph 3 sentence

other. ".



30. in paragraph 21, the following new section 21a and 21b are inserted:



"§ 21a



Provision of expert activities must not be in contradiction with the nature of the legal entity

person or its activities.



§ 21b



(1) the applicant can be written to the first section of the list of expert institutions,

only if the



and at least three of his companions), members or employees in the

the proportion who carry out specific, are experts

registered for the required namespaces and exercise expert activities

field studies Institute, in another statement, in the first section; It is, however,

If two of these people are experts registered for the related scope, and



(b)) has a corresponding material and personnel for the exercise equipment expert

activity.



(2) the following conditions must be met for each scope, which is the subject of

the application for registration.



(3) the applicant cannot be written, if



and) was in the last three years had been removed from the list of expert

institutes,



(b)) was one of his partners, members or employees, which for

the applicant has been exercising the expert economic activities, in the last three years

deleted from the list of experts and interpreters, or



(c)) was one of its members or members in the last three years

deleted from the list of expert institutions.



(4) if the applicant is a corporation, then its capital must

be made up of registered shares.



(5) if the applicant for entry on the the first section of the list of expert institutions

an entrepreneur, must the scope of its expert permissions

match business (activity) registered in a trade or

another register. Line of business may not be expressed identical

expressions. ".



31. in § 24 para. 1 the words "State authority" shall be replaced by the words "Authority

a public authority ".



32. In article 24, paragraph 3 shall be deleted.



33. in section IV, the following section is inserted in that including headings:



"Section In



Administrative offences



§ 25a



Misdemeanors



(1) the expert (translator) is guilty of an offence by



and) performs expert (interpreting) activities contrary to section 8,



(b)) performs its activities in violation of § 10,



(c)) violates the obligation of professional secrecy under section 10a or about this

the obligation to learn other persons who participated in the expert

(interpretation) the activities,



d) contrary to section 11 shall submit expert opinion (by interpretation Act) in

the stuff from which it was as an expert (translator),



e) contrary to section 12 without serious reasons, refuses a public authority

to submit an expert opinion (perform the interpretation Act),



f) contrary to section 13 does not sign or repeatedly does not connect the imprint of the seal of the

a written expert opinion (authenticated translation),



g) contrary to section 15 does not an expert (interpretation) or it does not lead

properly,



h) contrary to section 17 para. 3 charged incorrectly reward for submission

the expert's report (implementation of interpreting the Act),



I) contrary to section 20 (2). 4 the activities of the experts (an interpreter)

the suspension of the right to carry out this activity.



(2) a natural person has committed the offence by illegally posing as a

the experts (an interpreter) or expert Institute or carries out expert

(interpreting) activities contrary to section 2 (2). 1.



(3) for the offense referred to in paragraph 1 (b). (b)), f), (g)), or (h)) can be saved

a fine of up to $50,000 and for the offense referred to in paragraph 1 (b). and), c), (d)),

(e)), or even a fine to 100 000) or removed from the list of experts and

interpreters. For the offence referred to in paragraph 2 can impose a fine of up to 200 000

CZK.



(4) when determining the type and amount of penalty for a misdemeanor pursuant to paragraph 3

taking into account also the fact that already in the past, experts

(the interpreter) granted under section 25 d alert.



§ 25b



Administrative offences of legal persons



(1) the Institute has committed misconduct by



and) performs expert (interpreting) activities contrary to section 8,



(b)) carries on business in contravention of section 10,



c) learn the person who participated in the surveys of the activities, the obligation

maintain confidentiality under section 10a,



d) contrary to section 11 shall submit an expert opinion in the matter, which was like the Institute

excluded,



e) contrary to section 12 without serious reasons, refuses a public authority

to submit an expert opinion,



f) contrary to section 13 does not sign or repeatedly does not connect the imprint of the seal of the

a written expert opinion,



g) contrary to section 15 does not keep a journal or an expert does not properly,



h) contrary to section 17 para. 3 charged incorrectly reward for submission

the expert's report.



(2) a legal person commits an administrative offense by performing

expert economic activities contrary to section 2 (2). 1 or § 21.



(3) for the administrative offence referred to in paragraph 1 (b). (b)), f), (g) or (h)))

fined up to 100 000 Eur and for the administrative offence referred to in paragraph 1 (b).

and), c), (d)) or e) fine to 200 000 Eur or removed from the list

expert institutes. For the administrative offence referred to in paragraph 2 shall be fined

to 400 000.



(4) in determining the type and amount of the sanction of the Institute or a legal person shall

taking into account the severity of the administrative offense, in particular, to the way its

having committed and its consequences, and the circumstances under which it was committed, and to

the fact that already in the past, the Institute granted pursuant to § alert

25 d.



(5) the Institute or a legal person for an administrative offence does not match, if the

It proves that the effort, which was meant to require that

breach of legal obligations.



section 25 c



Common provisions on administrative offences



(1) administrative offences under this law in the first instance hearing


the Ministry of Justice or the President of the regional court.



(2) responsibility for an administrative offense shall cease, if the administrative authority about him

has commenced proceedings within 1 year from the date on which it learned, no later than

However, expires 3 years after the date on which it was committed.



(3) the final decision which has been recognized by the expert (translator)

guilty of committing the offence, or information, which was found guilty

of committing an administrative offense, records the Department of Justice

or the President of the regional court in the list of experts and interpreters or in

list of expert institutions without delay, but not later than within 15 working

days after the decision has become final.



(4) the penalty is due within 30 days from the date when the decision on its imposition

came into legal force.



§ 25 d



Alert



If the detected violations of the obligations imposed by this Act cannot be

assessed as an administrative offence punishable under this or another

the Act or as a misdemeanor under the provincial offences Act, or

the offence, the Ministry of Justice or the Chairman of the regional

the Court grant the experts (an interpreter), or Institute a written warning. When

storing alerts are the second and third section of the administrative procedure shall not be used. ".



The existing section in is referred to as partition VI.



34. In the heading of section VI, after the words "the provisions" shall be replaced

"common,".



35. in the heading of section VI the following new section 25e and 25f are inserted:



"section 25e



Jurisdiction under this Act or the Department of Justice's

the President of the regional court may request the observations of the advisory body referred to in

§ 16, the opinion of the professional associations or interest groups

bringing together experts (interpreters).



§ 25f



Superior administrative authority of the President of the regional court is the Ministry of

Justice. ".



36. At the end of section 26 shall be supplemented with the sentence "the Ministry of Justice provides for the

by decree a list of disciplines and sectors, which may also individually

establish eligibility. ".



Article. (II)



Transitional provisions



1. the procedure of the appointment or revocation of an expert (an interpreter) that has not been

finally completed before the date of entry into force of this Act,

completes in accordance with the existing legislation.



2. the expert Institute authorized to perform expert activities under

the existing legislation, which at the date of entry into force of this

the Act does not meet the conditions for entry on the list of expert institutions according to

§ 21-21b, as amended by this Act, is entitled to exercise expert

activity for a period of one year from the date of entry into force of this Act, and

within one year from the date of entry into force of this Act shall adapt their

Internal Affairs so that it meets the conditions for entry on the list

expert institutes according to § 21-21b, as amended by this Act.



3. the expert Institute authorized to exercise expert activities under

the existing legislation shall demonstrate compliance with Department of Justice

the conditions for entry on the list of expert institutions pursuant to § 21-21b in

the text of this Act within one year from the date of entry into force of

of this Act.



4. the time limit referred to in paragraph 4 (b). d) Act No. 36/1967 Coll., in the version in force from

the effective date of this Act, shall run from the date of acquisition

the effectiveness of this Act.



5. Remuneration and reimbursement of the costs for submission of the report (implementation

interpreting the Act), if the expert (translator) appointed if he or she

the contract is an expert (an interpreter) concluded before the date of entry into force of

This law shall be governed in accordance with the existing legislation, with the exception of

§ 19 para. 1 of the Act No. 36/1967 Coll., in the version in force from the date of acquisition

the effectiveness of this Act.



6. If the Court's decision has on the deprivation of legal capacity

or limitation of competence to perform legal acts of an expert or interpreter

legal force before the date of entry into force of this Act, it is the effect of

pursuant to section 20a (e). c) Act No. 36/1967 Coll., in the version in force from the date of

entry into force of this law, the effective date of this Act.



7. the provisions of section 20a (e). d) Act No. 36/1967 Coll., in the version in force

from the date of entry into force of this Act, shall apply, if an expert or

interpreter finally convicted for an intentional criminal act or for

negligent criminal act committed in connection with the performance of the activity

the experts (an interpreter) from the date of entry into force of this Act.



Article. (III)



The effectiveness of the



This Act shall take effect on 1 January 2000. January 2012.



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