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Original Language Title: změna advokátního tarifu

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486/2012 Sb.



DECREE



of 20 December. December 2012,



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 Justice Department determined in accordance with section 22 paragraph 1. 3 of Act No. 85/1996

Coll., on the legal profession, as amended by Act No. 229/2002 Coll. and Act No. 79/2006

Coll.:



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.

Decree No. 621/2004 Coll., Decree No. 276/2006 Coll. and Decree No.

399/2010 Coll., shall be amended as follows:



1. in paragraph 4, the following paragraph 3 is added:



"(3) the contractual remuneration must be proportionate and must not be clearly disproportionate

to the value and complexity of the matter. ".



2. In paragraph 6, the following paragraph 4 is added:



"(4) for the execution of authorized conversion of the document is the reward of 30 EUR per

every new side with a converted document. ".



3. In § 8 para. 1 the words "and their accessories" be deleted and the end of the

paragraph 1, the following sentence "when determining the tariff value is not taken into account

Accessories, unless it is required as a separate entitlement. ".



4. In section 8 paragraph 7 is added:



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

zůstavitelova property of the corresponding amount of the inheritance of the share client. ".



5. § 9 para. 1, the amount "Eur 5000" is replaced by "Eur 10000".



6. § 9 para. 2, the amount "$ 100" is replaced by "Eur 5000".



7. § 9 para. 3 of the introductory part of the provisions, the amount "Eur 25 000"

shall be replaced by "Eur 35 000", at the end of subparagraph (d)), the comma is replaced by

the word "or" at the end of paragraph (e)), the comma is replaced by a dot and the

the letters f) and (g)) shall be deleted.



8. in section 9, paragraph 4 reads:



"(4) the amount of $50,000 is considered to be the tariff value in matters



and) moral rights, protection against disclosure of information that is

abuse of freedom of expression, of speech and of the press under the legislation on

the bulk of information resources, and matters arising from the

the application of rights and obligations under the legislation on the protection of

any personal data or under the legislation on the protection of industrial and

other intellectual property with the proposal for compensation for non-material damage,



b) referred to in paragraph 3 (b). and), if the legal relationship to the company,

property, or the right of industrial or other intellectual

ownership,



(c)) decided in a proceeding in matters of commercial companies, cooperatives and

other legal entities, and also in the cases decided in the insolvency

or other similar proceedings,



d) actions, appeal complaints and other legal cases pending

According to the administrative judicial procedure, with the exception of the things referred to in paragraph 2, or



e) constitutional complaints, with the exception of the things referred to in paragraph 2. '.



9. in § 9 para. 5, after the words "function of the guardian" the words

"set up by the administrative authority of a party or" and the amount "of $500"

is replaced by ' 1 000 '.



10. In section 10, paragraph 1. 3 (b). and the amount ") of CZK 1 000 ' is replaced by ' 5

USD ".



11. In article 11 (1) 1 (b). (d)), the words "the Court or other authority

"shall be replaced by" or "design, and at the end of the text of subparagraph (d))

the words "challenge to the fulfilment of the basic facts and legal

analysis of the previous proposal on the merits ".



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

letter h) is added:



"h) simple challenge to implementation."



13. in section 12 paragraph 3 reads:



"(3) when you join two or more things, for which the connection to the common

consultation is not provided for other legislation, remuneration be determined

the sum of the fees for all associated things. ".



14. section 12a is inserted:



"§ 12a



(1) the rates of non-contractual remuneration under section 7 of the legal services

designated representative in civil proceedings, set up by the

in civil proceedings a guardian, appointed defense attorney in the criminal

management, appointed an agent in criminal proceedings or guardian

the child pursuant to other legislation regulating the judicial system in matters of

the youth shall be reduced by 20%.



(2) the rate of the non-contractual remuneration for one act of the legal services set up by the

representative in civil proceedings, set up by the guardian in

civil procedure, set up by the defence counsel in criminal proceedings,

appointed an agent in criminal proceedings or custodian of a child under

other legislation regulating the judicial system in matters of youth

reduced in accordance with paragraph 1 is less than $100. ".



15. in article 14, the following paragraph 4 is added:



"(4) compensation for loss of time, the lawyer does not belong to the same

period of entitlement to remuneration for the legal services Act (§ 11). ".



Article. (II)



Transitional provision



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

It is for the lawyer's remuneration pursuant to Decree No. 177/1996 Coll., as amended by

effective until the date of entry into force of this Decree.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. January 1, 2013.



Minister:



JUDr. Blazek, Ph.d., v. r.