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Original Language Title: změna advokátního tarifu

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276/2006 Sb.



DECREE



of 31 March 2004. in May 2006,



amending the Decree of the Ministry of justice no. 177/1996 Coll., on

rewards and compensation lawyers for lawyers providing legal services

(the bar fare), as amended



The Ministry of Justice shall, after prior approval of the United

the Bar Council under section 22(2). 3 of Act No. 85/1996 Coll., on advocacy,

as amended by law No 79/2006 Coll. (hereinafter the "Act"):



Article. (I)



Decree No. 177/1996 Coll., on the remuneration of lawyers and lawyers for refunds

provision of legal services (lawyer's tariff), as amended by Decree No.

235/1997 Coll., Act No. 484/2000 Coll., Act No. 68/2003 Coll. and

Decree No. 621/2004 is amended as follows:



1. In article 1 (1). 2 the words "§ 12 para. 2 and 5 shall not apply ' shall be replaced by

"§ 12 para. 2 is he ".



2. In paragraph 6, the following paragraph 3, including footnote # 1a

added:



"(3) if the lawyer Declaration of authenticity of signature ^ 1a), it has the

the reward of 30 for every copy of the Declaration of the authenticity of the signature of one

one person on the list.



1A) of section 25a of Act No. 85/1996 Coll., on the legal profession, as amended

regulations. ".



Footnote No. 1a is referred to as a footnote

No. 1 c, including the reference to the footnote.



3. section 7, including the title reads as follows:



"section 7 of the



The rate of non-contractual remuneration



The rate of non-contractual remuneration for one Act legal services makes the tariff

the values of the

1. to $300-$ 500,



2. over 500 to 1 000 CZK, 500 Czk



3. over $100 to $1,000,



4. over CZK 5,000 to CZK 10,000 Czk 1 500,



5. over 10 000 € to 200 000 CZK 1 500 € and 40 € for every

initiated 1 000 CZK, of which

value in excess of $10,000,

6. over 200 000 CZK

to 10 000 000 € 9 100 € and 40 € for every

initiated CZK 10,000, of which

value in excess of 200 000 CZK



7. over 10 000 000 Eur 48 300 € and 40 € for every

begun by 100 000 Eur, of which

value in excess of Eur 10 000 000. ".



4. In section 8 paragraph 1. 4, after the words "in the exercise of decision ' shall be replaced

"or (" enforcement ")".



5. In paragraph 8, the following paragraph 7 is added:



"(7) in matters of succession, after the tariff value of the case clean

the value of the inheritance of the share client. ".



6. § 9 para. 1, the amount "$ 100" is replaced by "Eur 5000".



7. § 9 para. 2, after the words "legal capacity"

the words "admissibility of takeover or kept in the Institute of health care,

in the "amount" of $500 "are replaced by" $100 ".



8. in § 9 para. 3, in the introductory sentence of the amount "$ 10,000" is replaced by

the amount of "EUR") and the letters a and b) are added:



") to determine whether there is a legal relationship or the law, determine the invalidity of the

legal act, in the case of determining the law to the point of money or valuable

in the case of the determination of the invalidity of the Act, the object of which is the thing or

the performance of money invaluable,



b) for actions for declaration of will towards the creation, modification or extinction of the legal

the Act, whose subject money is invaluable, ".



9. in § 9 para. 3 (d)):



"(d)) personality rights in matters of protection against disclosure of information

that is an abuse of freedom of expression, of speech and of the press in accordance with the legal

the provisions concerning the mass of information resources, and in matters of

arising from the application of rights and obligations under the legislation on

protection of personal data or according to the law on the protection of

industrial and other intellectual property without the proposal for compensation

non-material damage ".



10. in section 9, paragraph 4 reads:



"(4) in matters of personality rights in matters of protection against disclosure

information that is an abuse of freedom of expression, speech and press in accordance with

the legislation on mass of information resources, and in matters of

arising from the application of rights and obligations under the legislation on

protection of personal data or according to the law on the protection of

industrial and other intellectual property, with a proposal for a replacement

non-material damage is considered the tariff value of the amount of $50,000. "



11. in section 9, the following paragraph 5, including footnote # 1b

added:



"(5) when the performance of the duties of a guardian appointed by the court party

control whose stay is not known, which failed to deliver on a known

address in a foreign country, which has been suffering from a mental disorder, or from other

health reasons cannot not only for a transitional period to take part in

management or who is unable to clearly express yourself ^ 1b)

considered the tariff value of the amount of $500.



1B) section 29 para. 3 of the code of civil procedure. ".



12. in section 10, paragraph 1. 1 the words "representation in the management of the provincial offences Act"

replaced by the words "and representation in administrative proceedings, including proceedings for the

provincial offences Act "and the amount" $100 "is replaced by" Eur 5000 ".



13. in section 10, the following paragraph 5 is added:



"(5) when representing the injured party in criminal proceedings for compensation

the damage, which was caused by a criminal offence, the victim shall be deemed to

the tariff value of the amount of $10,000; If the victim has been attributed to

as liquidated damages the sum of money in excess of $10,000, it is considered

the tariff value of this amount of money. ".



14. in paragraph 11, the dot at the end of paragraph 2 is replaced by a comma and the following

Letter g) including footnote # 1 d:



"g) participation in preparation of ^ 1 d).



1 d) in particular, the code of civil procedure section 114c. ".



15. § 12 para. 4, the words "or if it is a defence in criminal proceedings

maintained for offences committed in the vícečinném of overlapping "and the words" or

for each convicted offence "shall be deleted.



16. in section 12 paragraph 5 is added:



"(5) when the defence in criminal proceedings in respect of offences committed in

overlapping belongs only to the lawyer of the remuneration laid down for the offence with

the highest criminal rate. ".



17. in § 13 para. 3 the amount of "$ 75" is replaced by "£ 300".



18. in § 14 para. 3 the amount of "$ 50" is replaced by "Eur 100".



Article II



Transitional provision



For legal services rendered prior to the effective date of this order

It is for the lawyer's remuneration in accordance with the existing legislation.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. September 2006.



Minister:



JUDr. German in r.