210/1999 Coll.
Law
of 29 April 2004. July 1999,
amending Act No. 85/1996 Coll., on the legal profession, and Act No. 140/1961
Coll., the criminal act, as amended
Change: 41/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
AMENDMENT OF THE ACT ON THE LEGAL PROFESSION
Article. (I)
Act No. 85/1996 Coll., on the legal profession, is amended as follows:
1. in § 5 para. 1 letter b) including footnote # 1a) is inserted:
"(b)) who received a higher education in the framework of the master's degree
programme in the field of the right to study at a University in the Czech Republic, "^ 1a)
1A) section 46 of Act No. 111/1998 Coll., on universities and amending and
supplement other laws (the law on universities). ".
2. in § 5 para. 1 letter e) is added:
"e) has not been applied to disciplinary measures removed from the list of lawyers
or the visor, as if these disciplinary measures would be
saved, ".
3. in § 5 para. 1 (b). f), the words "§ 8 para. 1 (b). g) "are replaced by
the words "§ 7b para. 1 (b). e) or (f)) ".
4. in § 5 para. 2 (a). and), after the words "in another country" the words
"under conditions compatible with this Act".
5. § 5 para. 4 the amount "$ 100" is replaced by "Eur 5000".
6. In section 6 paragraph 3 reads:
"(3) Other Professional exam in the area of legal practice referred to in paragraph 1 may be
recognise as bar exam only in relation to the application for entry in the
list of lawyers; other legal practice referred to in paragraph 2 may be recognised as
legal practice trainee lawyers only in connection with a request for
the bar exam or the execution of the request for entry on the list
lawyers. ".
7. in article 7, paragraph 1 reads:
"(1) unless otherwise provided by this Act, the Chamber will allow within nine months of
receipt of the written request to execute the bar exam to anyone who
demonstrates that he meets the conditions set out in § 5 para. 1 (b). a) to (d)), and
pay the exam fee in the amount prescribed by the Chamber and not exceeding
the amount of CZK 5 000; within the same period after payment of the fee for the exam will allow
Chamber to execute uznávací test to anyone who satisfies the conditions referred to in
§ 5 para. 1 (b). and) and d) to (g)) and § 5 para. 2 (a). a).".
8. In article 7, paragraph 1, the following new paragraphs 2 and 3 shall be added:
"(2) a person who, when the bar exam or uznávací the test failed, it may
within one month from the date of the meeting, in writing, request the Chamber to him
allow its repetition. In this case, the Chamber will allow a repeat
the bar exams or uznávací exams, but not earlier than after the expiry of
six months from the date of the tests, in which the applicant did not succeed; exam
can be repeated only twice.
(3) a person who, when the bar or uznávací the test failed and did not in
the time limit referred to in paragraph 2, a request for a recurring batch, or the one who when
the test failed in its second iteration, you may submit a new application
about the enforcement of the law or uznávací the test until after the expiry of three years from the
the date of the test, which was the last time he failed. The one who asks for the
execution of the bar exam must also demonstrate that in the last three
years before submitting the application to exercise for at least the next two years
the legal practice of trainee lawyers. Otherwise, the provisions of paragraph 1,
accordingly. ".
The current paragraph 2 shall become paragraph 4.
9. In paragraph 7 (2). 4, the words "the decision on the recognition of other tests or
recognition of other practice made "shall be replaced by" recognition of other tests or
recognition of other practice ".
10. in paragraph 7 the following new section 7a and 7b, which including the following title:
"Removed from the list of lawyers
Section 7a
Permission to practice their deletion from the list of lawyers shall lapse:
and) occurs if any of the facts referred to in § 7b,
(b)) if it decides about the Chamber in the cases referred to in sections 8 and 10.
section 7b
(1) one
and) who died, it is deleted from the list of lawyers at the date of death,
(b)) who was declared dead, it is deleted from the list of lawyers to
date of the final court decision on the Declaration of death,
c) who has been deprived of legal capacity, or the one whose
the eligibility of legal capacity has been restricted, it is deleted from the list
lawyers at the date of the decision of the Court was to
deprived of legal capacity or who has been his capacity to
capacity is limited,
(d)) who imposed punitive measures removed from the list of lawyers, it is
deleted from the list of lawyers at the date of the decision on the imposition of
This disciplinary measure,
e) against whom he was declared bankrupt, the settlement allowed or denied
application for a declaration of bankruptcy, because its assets are not sufficient to
cover the costs of bankruptcy, it is deleted from the list of lawyers at the date of the legal
the decision on the Declaration of bankruptcy, the creditors or of the
rejection of the application for a declaration of bankruptcy,
(f)) who is a member of a legal person established for practice (§
15), against whom he was declared bankrupt, the settlement allowed or denied
application for a declaration of bankruptcy because her property is not sufficient to
cover the costs of bankruptcy, it is deleted from the list of lawyers at the date of the legal
the decision on the Declaration of bankruptcy, the creditors or of the
rejection of the application for a declaration of bankruptcy,
g) who handed the Chamber a written request for deletion from the list of lawyers,
provided with a notarized signature, it is deleted from the list of lawyers
the end of the calendar month following the month in which the
a request for the deletion from the list of lawyers Chamber delivered.
(2) deletion from the list of lawyers referred to in paragraph 1 shall record the Chamber in
list of lawyers without delay, but not later than within one month after the
What I learned about him. For the record, the Chamber shall notify the fact to which the
the record refers, as regards the reasons for the deletion referred to in paragraph 1 (b). (d))
to (g)); in other cases, the Chamber shall inform in writing the person record
his loved ones, if they are aware. ".
11. section 8 reads as follows:
"section 8
(1) from the list of lawyers out of the Chamber,
and) who was entered in the list of lawyers, although it does not meet any of the
the conditions set out in this Act,
(b)) who was convicted to imprisonment for
an intentional criminal act committed in connection with the exercise of advocacy,
c) who has been convicted for an intentional criminal act, other than the
listed in subparagraph (b)), or who was behind the offence referred to in subparagraph (b))
sentenced to another penalty than imprisonment, if
This crime threatens confidence in the proper exercise of advocacy,
(d)) who is in default in the payment of a contribution to the activities of the Chamber longer
than six months, and the post failed to pay or within one month after the
He was invited to the Chamber with a lesson about the consequences of non-payment,
e) whose suspension of advocacy in accordance with § 9 para. 1 lasts for
exceeds four years. This does not apply if the reason for the suspension of the exercise
advocacy performance member of the Government or a member of the institutions
local and regional authorities, a Deputy or Senator, or the performance of other elected
public function.
(2) deletion from the list of lawyers referred to in paragraph 1 (b). and) is
The Chamber may decide only to one year from the date of
failure to fulfil the conditions for entry on the list of lawyers learned; This does not apply,
If the condition referred to in § 5 para. 1 (b). a), b) or (d)) or in §
5 (3). 2 (a). and).
(3) deletion from the list of lawyers in the lawyers ' Chamber records
without delay, but not later than within one month after the decision on the
strike out became enforceable. ".
12. under section 8, the following new section 8a and 8b, including title and notes
^ footnote 1b) are added:
"The suspension of the exercise of advocacy
§ 8a
The suspension of the exercise of advocacy occurs
and) occurs if any of the facts referred to in section 8b,
(b)) if it decides about the Chamber in the cases referred to in sections 9 and 10.
§ 8b
(1) the advocate,
and in respect of which it was) is declared bankrupt, the settlement allowed or denied
application for a declaration of bankruptcy, because its assets are not sufficient to
cover the costs of bankruptcy, is suspended on the date of advocacy
arose from the effects of the Declaration of bankruptcy or settlement permit, or on the date on
When it became enforceable decision to reject an application for a declaration of
bankruptcy,
(b)) which is a member of a legal person established for practice (§
15), against whom he was declared bankrupt, the settlement allowed or denied
application for a declaration of bankruptcy because her property is not sufficient to
cover the costs of bankruptcy, is suspended on the date of advocacy
arose from the effects of the Declaration of bankruptcy or settlement permit, or on the date on
When it became enforceable decision to reject an application for a declaration of
bankruptcy,
c) imposed a temporary ban on the exercise of the disciplinary measures
advocacy [§ 32 para. 3 (b), (d))], is suspended on the day of advocacy,
When determined by the decision on the imposition of the disciplinary measures,
(d)) that was taken into custody, is suspended advocacy day
become enforceable decisions on custody,
e) who took the sentence is suspended, the performance
advocacy day boarding exercise of this punishment. The provisions of § 8 para. 1
(a). (b)), and (c)) this does not affect,
(f)) which was liable to a penalty of prohibition činnosti1b) consisting in the prohibition of
the exercise of advocacy, advocacy is suspended on the date determined by the
the decision, which was the penalty saved. The provisions of § 8 para. 1
(a). and) and c) shall remain unaffected.
(2) the suspension of practice referred to in paragraph 1 shall record the Chamber in
list of lawyers without delay, but not later than within one month after the
What I learned about him; for the record, the Chamber shall notify the lawyer.
1B) § 49 and 50 of the Act No. 140/1961 Coll., the criminal act, as
amended. ".
13. in § 9 para. 1 (b)):
"(b)) prevents him from exercising advocacy for more than four months, other
obstacle. ".
Subparagraph (c)) shall be deleted.
14. in section 9, paragraph 3 is added:
"(3) the suspension of the exercise of advocacy captures the Chamber in the list of lawyers
without delay, but not later than within one month after the decision on the
suspension of the exercise of advocacy became enforceable. ".
15. in section 9, the following new section 9a and 9b are added:
"§ 9a
(1) for suspension of the exercise of advocacy
and the lawyer is authorized to provide) legal services,
(b) the lawyer is not allowed to) other activities under section 56, if
condition of their performance is right to pursue advocacy,
(c)) shall cease in the bodies of lawyer Chamber membership referred to in § 41 para. 1
(a). (b)), d) and (e)),
d) lawyer cannot be elected or appointed to the Chamber's bodies referred to in
§ 41 para. 1 (b). (b)), d) and (e)).
(2) the suspension of the exercise of advocacy
and does not terminate the participation of the lawyer in) the association according to § 14, or in the legal
person established for practice (section 15),
(b) is without prejudice to the obligation of a lawyer) referred to in § 24 para. 3,
(c) the obligation of a lawyer does not expire) to make payments according to § 30 para. 1,
d) is without prejudice to the responsibility of the lawyer punitive, even when it comes to disciplinary
misconduct, which occurred at the time of suspension of the exercise of advocacy.
§ 9b
(1) the suspension of practice ceases to exist
and the date of the removal of) the fact that was the reason for the suspension of the exercise
advocacy, and in the cases referred to in § 9 para. 2 (a). a) or b) on the date
elapsed time during which the performance of the advocacy is suspended,
(b)) the date of the decision, which was the decision to suspend
practice revoked or amended.
(2) the termination of the suspension of the exercise of advocacy in the Chamber of records
lawyers without delay, but not later than within one month after the
Miss; for the record, the Chamber shall notify the lawyer. ".
16. in article 15, paragraph 2, including the footnotes # 4a) and ^ 5) is added:
"(2) lawyers who are the partners of the company, carry out advocacy
on behalf of the company and for its own account; If the exercise of advocacy on behalf of the
the company permitted in individual cases, the Special
regulations 4a) they perform ^ ^ advocacy on their own behalf and on behalf of
the company. As a participant of legal relations that are based in connection with the
provision of legal services in the company performs to the client,
as well as towards third parties the company always; These legal relationships are governed by,
with the exceptions laid down by this law, special legislation. ^ 5)
4A) for example, § 35 para. 1 code of criminal procedure, sections 24 and 25 of the civil
Code of civil procedure.
5) for example, the commercial code. ".
17. in article 15, paragraph 3 shall be deleted.
Paragraphs 4 to 8 shall be renumbered as paragraphs 3 to 7.
18. In article 7 the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) participation in the consideration of the case referred to in paragraph 1 (b). (d)) is not
provision of legal services by a lawyer or by the persons referred to in § 2
paragraph. 2. ".
19. in section 21 para. 4 dot at the end of the text is replaced by a semicolon and
following these words: "a lawyer is not bound by the obligation of confidentiality also
in proceedings pursuant to § 55, in an action or on an appeal against
the decision of the Chamber (section 55a), as well as in the proceedings in the cases referred to in §
55B, and to the extent necessary to protect its rights or the law
protected interests as a lawyer. ".
20. in section 21 para. 5, the words "on the identity of the client, as well as" be deleted.
21. in paragraph 21 of the paragraph 6 is added:
"(6) the obligation of secrecy, the lawyer cannot invoke the disciplinary
management, as well as against the lawyer, who is the Chairman of the supervisory
the Council performing preparatory acts to investigate whether karnej
offence (section 33 (3)). ".
22. in article 21, paragraph 9 is added:
"(9) duty of confidentiality to the extent specified in paragraphs 1 to 8 shall
apply, mutatis mutandis, to the
and the employee's attorney or the company), as well as other persons who
with an attorney or in the company involved in the provision of legal
services,
(b) the members of the Chamber's bodies) and its employees, as well as to all persons
participating in disciplinary proceedings, including the lawyers appointed by the President
the Control Board by performing preparatory acts to investigate whether there was a
kárnému offence (section 33 (3)). ".
23. in paragraph 21, the following paragraph 10 is added:
"(10) the members of the Chamber's bodies, its employees and lawyers credentials
the Chairman of the Supervisory Board by performing preparatory acts to ensure that the
There has been wrongdoing, karnej are bound by confidentiality obligations under
paragraph 9 to the extent necessary for the proceedings before the Court in matters of
referred to in paragraph 4 of part of the sentence after the semicolon. The members of the Chamber's bodies
and its employees are no longer bound by confidentiality obligations in the range
to the extent necessary to inform the authority of the foreign State under section 35d. ".
24. in section 26 para. 2, the words "of his law clerk or another
the employee "shall be replaced by" an employee of a solicitor or law firm
an associate ".
25. section 27, including footnote # 12a):
the "section 27
(1) If a lawyer, who performs legal profession itself, any
obstacle in carrying out advocacy and other measures in order to
protection of rights or legally protected interests of its clients, is obliged to
establish without delay, but not later than within one month from the date on which
such an obstacle arose, another lawyer in agreement with him as its agent
(section 26 (1)) and clients about it, without delay, notify in writing;
the provisions of § 29 para. 2 this does not prejudice. If the lawyer fails in this
the obligation to appoint a representative, the Chamber of Commerce, saying that according to the circumstances of the case
and shall determine the amount of compensation, which is obliged to provide a lawyer representatives.
(2) unless the representative appointed according to the lawyer, the Chamber of Commerce
paragraph 1 second sentence, with the client within one month from the date of
the client shall be informed of the appointment of a representative, otherwise or unless the client in the
other measures within this period, the representative in relation to the client
the rights and obligations of the lawyer being represented, resulting from the Treaty on the
provision of legal services, including the rights and obligations arising from a
representation of the client in proceedings before courts or other bodies, and of the rights and
the duty of defence counsel in criminal proceedings. This is true even in the case when the
the relationship between the client and the lawyer founded by determining under section 18 para. 2 or
the provisions under special legislation. Chamber of this transition
rights and obligations at the request of the representative of the right.
(3) the transfer of rights and obligations referred to in paragraph 2 is not
the obligation of being a lawyer to pay compensation (section 24 (1)), as well as
and the obligation to return the goods, including money provided
by the client. The shortcut does also other obligations and rights
arising from the original contract between lawyer and client,
If the representative of as a result of their transition towards this lawyer
without reason or has suffered from, or if they meet these
the obligations could not be after representatives of the justified by demand.
(4) where a lawyer who has pursued the legal profession alone, withdrawn
from the list of lawyers and if this is due to the circumstances of the case must be
the Chamber shall take appropriate measures to protect the rights and legally protected interests of the
his clients, in particular, may designate another lawyer's successor vyškrtnutého
lawyer; The Chamber measures taken immediately in writing to clients
notify. The provisions of paragraphs 2 and 3 governing the transfer of rights and
obligations between the represented by a lawyer and his representative, shall apply to
transfer of rights between a lawyer vyškrtnutým from the list of lawyers and its
the successor to the analogy.
(5) if the lawyer Died, who performed the legal profession alone, the Court referred to in
special legal regulation ^ 12a) on the proposal of the Chamber shall appoint a successor
the deceased's solicitor, agrees with the provisions of the part of the administrator
the legacy of that deceased Attorney used to practice.
12A) § 175e civil procedure. ".
26. in section 28 paragraph 1 reads:
"(1) a lawyer or law clerk are in the interest of the honor and the dignity of
the candidate State must, before against another lawyer or
the bar koncipientovi initiate court or other proceedings
performance-related advocacy, to take advantage of the conciliation procedure before the authorities
Chamber; This does not apply if at least one of the parties to the dispute to a third
person. ".
27. section 30 reads:
"section 30
(1) the lawyer is obliged to pay contributions to the activities of the Chamber and charges to
the Social Fund of the Chamber, or perform other payments foreseen by the
This Act [section 43 (b) (c))].
(2) debts incurred pursuant to the obligations referred to in paragraph 1
do not by deletion from the list of lawyers; This does not apply in the case of
deletion for the reasons given in § 7b para. 1 (b). a) to (c)). ".
28. The title of the fourth: "Disciplinary responsibility and disciplinary proceedings".
29. section 32, including footnote # 13):
"§ 32
(1) the Attorney and law clerk are able in the printer responsible for the disciplinary
wrongdoing.
(2) the Disciplinary offense is serious or culpable violation of again
the obligations set out by the advocate or to the bar koncipientovi
Act or the prosecutors.
(3) the lawyer for disciplinary transgressions can save some of those punitive
measures:
a) admonition,
(b)) public admonition,
(c)), a fine up to 100 times the minimum monthly wage set by the
special legislation, ^ 13)
d) temporary prohibition of the practice saved for a period of from six months to
of three years,
e) removed from the list of lawyers.
(4) the bar for disciplinary transgressions can be koncipientovi save some of
the following disciplinary measures:
a) admonition,
(b)) public admonition,
c) fine up to twenty times the minimum monthly wage set by the
special legislation, ^ 13)
(d)) removed from the list of trainee lawyers.
(5) in the case of less serious misconduct, save
the disciplinary measure must be dispensed with the advocate or koncipientovi,
If the hearing of a disciplinary offence may be regarded as
sufficient.
(6) the Proceeds of fines found the Chamber.
13) Government Regulation No. 303/1995 Coll., on the minimum wage, as amended by
amended. ".
30. section 33 is added:
"§ 33
(1) whether the lawyer or trainee lawyer guilty of disciplinary
wrongdoing, and imposing disciplinary measures decided in the disciplinary proceedings
initiated on the basis of disciplinary actions brought by the disciplinary prosecutor (article 46, paragraph 3
and § 51 para. 2 a three-member disciplinary chamber) composed of the members of the disciplinary Commission of the
Chamber. Participants in the disciplinary proceedings are the disciplinary prosecutor and lawyer or
law clerk, against which the disciplinary proceedings (hereinafter referred to as
"the accused able in the printer").
(2) Disciplinary action must be brought within six months from the date of the disciplinary
the Prosecutor initiating disciplinary misdemeanour of a learned, but no later than two years from the
the day when the wrongdoing occurred karnej. The six-month period, the
does not count the period during which they have undergone preparatory acts to investigate,
whether the wrongdoing occurred karnej; This period shall be the longer of two months.
(3) if the disciplinary control to act as the applicant's disciplinary Chairman
the Supervisory Board shall be entitled to appoint another lawyer in agreement with him
by performing preparatory acts necessary to examine whether there was a
kárnému wrongdoing; the following authorized lawyer shall, as regards the documents and
other documents of lawyers, a member of the Supervisory Board of permission under section 46
paragraph. 4 part of the sentence after the semicolon.
(4) the accused may be able in the printer in disciplinary proceedings, represented by a lawyer. Able in the printer
accused persons who are not represented by the disciplinary Senate will appoint a guardian,
If it requires the protection of its interests, particularly if it was suffering from a mental
disorder or disease that preventing him from properly to defend. Guardian
the Disciplinary Chamber shall appoint another lawyer in agreement with him.
(5) the accused has the right to express able in the printer on all the facts which
He attributed the blame; has the right to defend himself and to propose evidence which would
should be carried out.
(6) in the disciplinary proceedings to hear witnesses, experts or the parties, only
When arriving on a voluntary basis and provide testimony. Also other evidence can be
only when voluntarily provided. Evidence that cannot be
follow these steps to do this, it performs at the request and expense of the Chambers of the Court; Court
is obliged to comply with the request, unless the evidence under the law
an unacceptable. The Court will make all the decisions which are to
the implementation of the required evidence needed addressed letters rogatory. ".
31. in paragraph 33, the following new section 33a, which including the footnotes.
^ 13a) reads as follows:
"§ 33a
(1) the costs of the disciplinary proceedings, which in the disciplinary proceedings incurred by the participant
disciplinary proceedings shall be borne by the participant. The Chamber shall bear the costs associated with the activities of the
the disciplinary board and the Board of appeal, the cost of the interpreter and the costs
related to the implementation of evidence.
(2) subject to the Disciplinary Chamber in the decision establishing the disciplinary proceedings,
that the accused has committed a disciplinary able in the printer wrongdoing, it undertakes at the same time in
the decision to refund the costs of the accused, able in the printer the disciplinary proceedings, which
shall be borne by the Chamber pursuant to paragraph 1, a one-off amount referred to in
a reasonable amount of prosecutors.
(3) the Chamber replaces the cash outlays to the witness and the earnings that he
proven to be hiked. The claim is to be applied at the Chamber within three days of
the hearing, otherwise ceases to exist; the witness must be advised.
(4) reimbursement of cash expenses and providing rewards to the experts and interpreters
governed by specific legislation. ^ 13a)
13A) Act No. 36/1967 Coll. on experts and interpreters. Decree No.
37/1967 Coll., to implement the law on experts and interpreters, as amended by
amended. ".
32. section 34 reads:
"§ 34
(1) for a decision in disciplinary proceedings is crucial to the factual and legal
status at a time when there has been wrongdoing karnej; later legislation has
apply if it is more favourable to the accused able in the printer.
(2) a written copy of the decision establishing the disciplinary proceedings to an end, it must
include a statement in the preamble and guidance on the appeal, and shall be
delivered to the participants; in the case referred to in § 33a paragraph 1. 2 includes
a written copy of the decision and the opinion imposing an obligation to compensate
the costs of the disciplinary proceedings.
(3) the decision establishing the disciplinary proceedings and against which
cannot be appealed, is in the final and enforceable, unless it is a case of
referred to in paragraph 4. Other decisions shall be put into force their
the announcement; If there is no disciplinary order of publication prescribed, shall take
the decision of the legal force to their adoption.
(4) if as a disciplinary measure imposed, it is necessary to pay it to
fifteen days of the decision, unless the decision deadline
longer or unless otherwise specified in the decision, that the fine is to be paid in
installments. The decision imposing the punitive measures enforceable,
Once the deadline for implementation.
(5) the provisions of paragraph 4 shall apply mutatis mutandis to the decision
imposing an obligation to compensate the costs. ".
33. In article 35, paragraph 1 reads:
"(1) against the decision of the Disciplinary Chamber in disciplinary proceedings, which this
the proceedings before the disciplinary board of appeal ends, a participant may bring to the disciplinary proceedings
fifteen days from receipt of the written copy of the appeal; appeal
has a suspensory effect. ".
should the fine be paid by instalments, the date of payment is enforced
the latest installment. If the fine is not paid within the time limit under this Act
or within the time limit laid down in the decision, it shall make a judgment on the
the imposition of disciplinary measures on the proposal of the Chamber of court fines, under a special
legislation. ^ 14) If a fine is to be paid in instalments, it is
The Chamber is entitled to submit a proposal for enforcement, even if that
some of the payments were not paid in a timely manner; enforcement of such a
the case concerns the whole of the amount outstanding fines. However, this permission
You may use no later than the due date, the Chamber closest to the next installment.
(5) a decision imposing an obligation to reimburse the costs of the disciplinary proceedings is
enforced on the date of payment of the amount of the costs of proceedings (§ 33a paragraph 2) Chamber.
If the obligation to pay the costs of the disciplinary proceedings is met within the time limit
under this law, or within the time limit laid down in the decision, applies to
the performance of the decision imposing the obligation to pay the costs of the disciplinary
proceeding provisions of paragraph 4 of the enforcement of a decision imposing a disciplinary
measures of the fine accordingly.
34. in paragraph 35, the following new section 35a to 35e, which including notes below
line # ^ 14) shall be added:
"section 35a
(1) the decision on the imposition of disciplinary measures warning, removed from the
list of lawyers, or removed from the list of legal executives is
enforced on the date determined by the authority.
(2) the decision on the imposition of disciplinary measures public admonition executes
the President of the Chamber of Commerce publication in the journal of the Czech Bar Association
(hereinafter referred to as "the Gazette"); It is enforced on the date that is specified in the header
the amount of the Journal as the date of its circulation. The decision cannot be
execute, passed from the date when it became enforceable, more
six months.
(3) decisions imposing disciplinary measures of the temporary ban on the exercise of
advocacy is enforced on the date of expiry of the period of prohibition referred to in
decision. This period begins to run from the date when the decision has become
enforceable; If the decision was postponed, its running
cuts out.
(4) the decision on the imposition of disciplinary measures, the fine is enforced on the day
payment of the fine Chamber in the amount set out in the decision; If (b)
§ 35b
A lawyer or trainee lawyers and to the applicant for the registration of the
list of lawyers or to a list of legal executives are viewed as
would not have committed the disciplinary offence, where appropriate, as if he were not saved
disciplinary measures
and) the date of the decision, which was since the imposition of the disciplinary measures
abandoned,
(b)) the date on which a decision to impose disciplinary actions admonishment or
public admonition has been done, if it was imposed by a disciplinary measures
censure or public admonition. If the decision on the imposition of
disciplinary measures enforced in public admonition period referred to in section 35a
paragraph. 2, looking to the day of the expiry of the one who has been saved,
as if a disciplinary offence committed,
c) passed the date on which the decision to impose a disciplinary measure was
done, the period of one year, if it was imposed by a disciplinary measures, penalties
or disciplinary measures of the temporary prohibition of the practice,
(d)) has elapsed from the date of the removal from the list of lawyers of the period of five years,
If the disciplinary measure imposed lawyer removed from the list
lawyers,
e) passed from the date of the deletion period of three years, if the bar
koncipientovi saved punitive measures removed from list of law firms
new associates.
§ 35 c
(1) if disciplinary proceedings by the decision, which came into force, can be
in it against the same accused and able in the printer for the same disciplinary offence
continue only if it was enabled the disciplinary proceedings; the recovery of the disciplinary
management cannot be enabled if the final decision of the disciplinary proceedings
stopped.
(2) the application for permit renewal the disciplinary proceedings may lodge his party
they come out when new facts or evidence that through no fault of
the Subscriber could not be applied in disciplinary proceedings, and which could in themselves
on its own or in conjunction with the facts and the evidence, known previously,
lead to a more favourable decision for the able in the printer of the accused.
(3) the application for restoration of the disciplinary proceedings can be filed within six months from the date of
When a party to the disciplinary proceedings, that the recovery of the disciplinary proceedings suggests,
learned about recovery in accordance with paragraph 2, or from the day when it could
may be exercised; the proposal is not admissible against the decision, which was not
decided on the merits.
(4) on the proposal for renewal of the authorization shall be decided by the disciplinary proceedings for this purpose
separately, set up the Disciplinary Chamber; the disciplinary Senate proposal to allow recovery
the disciplinary proceedings, either be refused or the recovery of the disciplinary proceedings. Against the
decision on the proposal to permit renewal of the disciplinary proceedings may
a participant to appeal (section 35).
(5) If a decision which was the restoration of the disciplinary proceedings is enabled,
has power, all previous decisions in disciplinary proceedings
taken are deleted and the Disciplinary Chamber, that the recovery of the disciplinary proceedings,
thing in disciplinary proceedings shall discuss again.
§ 35d
The Chamber shall inform the competent authority, to the extent necessary in a foreign State on the
the initiation and the results of disciplinary proceedings against a lawyer, that was written
in the list of lawyers according to § 5 para. 2, as well as the suspension of the exercise
advocacy of such a lawyer, or removed from the list
lawyers.
§ 35e
(1) details of the disciplinary procedure provides for disciplinary order.
(2) unless otherwise provided by this law or disciplinary regulations of something else or
If this is something different from the nature of things, they are used in disciplinary proceedings
mutatis mutandis, the provisions of the code of criminal procedure.
14 § 274 (b)). h) of the code of civil procedure. ".
35. In article 37, paragraph 1 reads:
"(1) the Chamber of Commerce writes to a list of legal executives each,
and) who has the full capacity to perform legal acts,
(b)) who received a higher education in the framework of the master's degree
programme in the field of the right to study at a University in the Czech Republic, 1a)
(c)) who is blameless,
(d)) who were not saved disciplinary measures removed from list of law firms
Associates or on which the visor, as if these disciplinary measures
It has not been saved, and
e) who is to advocate or to companies in employment, except
employment intervention. ".
36. In article 37, paragraph 4 reads:
"(4)
and who has been saved) disciplinary measures are removed from the list of attorneys
Associates, it is deleted from the list on the date of legal executives
the decision on the imposition of the disciplinary measures,
(b)) who has filed a written application for the Chamber removed from list of law firms
Associates, provided with a notarized signature, it is deleted from the
list of interns on the expiry of a calendar month
following the month in which the request for deletion from the list of
trainee lawyers Chamber delivered. ".
Paragraph 4 is deleted.
37. In paragraph 37, the following paragraphs 5 and 6 are added:
"(5) the Chamber shall suspend the performance of the bar koncipientovi legal practice on the
his written request bearing the notarized signature; Chamber of Commerce
may suspend the bar koncipientovi the performance of the legal practice of the reasons
referred to in § 9 para. 2. The bar koncipientovi is suspended performance
legal practice has been taken into custody, he joined a prison sentence
freedom or if he was liable to a penalty of disqualification
the prohibition of the performance of the legal practice of trainee lawyers.
(6) in the case removed from the list of legal executives or
the suspension of the practice of trainee lawyers, the provisions of paragraph 7b.
2, § 8 para. 3, § 8b paragraph. 1 (b). (d)) to (e)) and § 8b paragraph. 2, § 9 para.
3, § 9a, para. 1 (b). a) and b) and § 9a, para. 2 (a). (d)) and § 9b apply
mutandis. ".
38. section 39:
"§ 39
The provisions of § 16, 17, 21 and 29 shall apply for trainee lawyers
mutandis. ".
39. In paragraph 42, paragraphs 2 to 5 shall be added:
"(2) the right to participate in the Convention to all lawyers. The representation of a lawyer
the other lawyer is not permitted.
(3) the Board shall be convened by the Convention so as to meet no later than three years
Since the previous Convention.
(4) the Board shall convene the Synod also if in writing, shall, in
during the two calendar months, at least a third of all lawyers or
If requested by the Supervisory Board. The Board of Directors is in these cases
obliged to convene the Parliament within two months; If the Board of Directors
they do not, is entitled to convene a Congress of the Control Board. Parliament must be convened
so, to meet first to one, and at the latest within three months from
convened.
(5) the Convention is able to pass resolutions regardless of the number of lawyers;
resolutions of the Assembly, including the election of the members and alternate members of the Chamber's bodies [§ 43
(a). and)], is taken, if it voted by an absolute majority of the
lawyers present. ".
40. In paragraph 42, the following paragraph 6 is added:
"(6) the Convention will be convened by an invitation published in the Gazette; the Convention is convened
on the day that is specified in the header of the appropriate amount of journal as a day
its circulation. ".
41. In section 43 (b)) to e) are added:
"(b)) to approve prosecutors organizational order of the Chamber,
(c)) to establish the Social Fund, prosecutors of the Chamber, as appropriate, other
funds and to lay down rules for their creation and drawing,
d) approving the prosecutors the amount of payments under section 30 of the lawyers
paragraph. 1, as appropriate, to establish the principles for determining the amount of
Board of Directors,
e) approving the prosecutors the amount of compensation for loss of time
performance features in the organs spent in the Chamber, where appropriate, establish the principles
for the determination of the amount thereof by the Board ".
42. In paragraph 43 (a). g), the words "in accordance with § 44 para. 3 (b). a) to (c)) "
replaced by the words "in accordance with § 44 para. 3. "
43. In section 43 for the letter g) the following point (h)), which read as follows:
"h) approving the electoral regulations (§ 49 paragraph 1. 2) and its rules of procedure ".
Subparagraph (h)) and i) are referred to as letters i) and (j)).
44. In article 44 paragraph 3 reads:
"(3) the Board of Directors to decide
a) removed from the list of lawyers in accordance with § 8 and 10 and from the list of
trainee lawyers in accordance with § 37 para. 3,
(b) the suspension of the exercise of advocacy) pursuant to § 9 and 10 and on the suspension of the exercise of
the legal practice of trainee lawyers in accordance with § 37 para. 5, unless the
the suspension of the legal practice of trainee lawyers on the basis of its
request. ".
45. In section 44 para. 4 (c)):
"(c)) issue journal".
46. section 45 is added:
"§ 45
The President Of The Chamber Of Commerce
(1) the President of the Chamber acts on behalf of the Chamber in all matters.
(2) the President of the Chamber, to decide on
and the appointment of a lawyer) according to § 18 para. 2,
(b) the appointment of a representative lawyer of) section 27 para. 1,
(c) determine the successor lawyer according to) section 27 para. 4,
(d) suspension of legal practice) worked as an associate on the basis of
his application.
(3) the President of the Chamber of Commerce carried out records in the list of lawyers, in the list of
trainee lawyers and in the list of associations and partnerships
companies engaged in advocacy.
(4) the President of the Chamber shall be entitled to take other measures or decisions
that are within the scope of this Act or the rules of ethics
provision. In the time between meetings of the Board of Directors are the President of the Chamber of Commerce
to make other measures or decisions necessary to ensure the
proper operation of the Chamber's bodies, unless this Act or
prosecutors reserved to another body of the Chamber. ".
47. In § 46 para. 5, the words "in accordance with § 35 para. 3 "shall be replaced by" referred to in
§ 44 para. 3. "
48. In article 51, paragraph 3 reads:
"(3) the Minister of Justice is authorized to file a petition for the initiation of
removed from the list of lawyers or to suspend the practice. ".
49. section 53 reads as follows:
"section 53
(1) the estates regulations govern the issues assigned to them by law; further
They shall lay down the
and) fee for the bar exam or test uznávací and details of
their payment,
b) fee for issuing certificate of registration in the list of lawyers and
the details of his pay,
(c) the details of the implementation of payments) of lawyers according to § 30 para. 1,
(d) the rules of issue of journal)
e) for details on specific means of exercising advocacy,
f) details on the provision of legal services lawyers, where necessary,
law legal
g) details the rights and obligations of lawyers and law firms
Associates laid down by this Act, except for rights and obligations in disciplinary
the proceedings and in proceedings under sections 55 and 55a,
h) details the rights and obligations of lawyers and law firms
Associates stipulated by special legislation, if it relates to
the exercise of advocacy.
(2) the Chamber Announces professional regulations in the Gazette; for the day of its publication in the
shall be the date specified in the header of the appropriate amount of journal as a day
its circulation.
(3) the estates in accordance with the regulation to be adopted by this Act, which was
declared in the manner specified in paragraph 2, shall become binding for lawyers
and legal executives on the 30th day following its publication, unless the
the estates prescription date later.
(4) the prescription of the estates referred to in paragraph 1 (b). and is binding for)
the applicant for permit enforcement of the bar exams or uznávací exams.
(5) the provisions of § 50 para. 2 is without prejudice to paragraphs 3 and 4. ".
50. in § 54 para. 1 and § 54 para. 2 the term "fold" is replaced by
the "execute".
51. section 55 including title and footnote No ^ 15):
"The management of
section 55
(1) in the cases referred to in § 44 para. 3 and § 45 para. 2 progress
authorities of the Chamber according to the code of administrative procedure, mutatis mutandis, ^ 15) unless otherwise specified in this
the Act of something else. The provisions of paragraphs 1 and 2, sections 5 to 8, § 13, § 16 para. 1
part of the sentence after the semicolon and § 16 para. 2, paragraph 17. 1, § 26, § 31 para. 2,
§ 35 to 38, § 41 to 45, § 47 para. 1 and 4, § 48 to 50, 52 to 80 and § § 82
up to 85 of the administrative code are not applicable.
(2) a participant in a proceeding may be referred to in paragraph 1 represented by a lawyer.
The Chamber shall designate a party guardian from among the lawyers, if
It requires the protection of its interests, particularly if it was suffering from a mental disorder
or disease that preventing him from properly to defend, and does not have the legal
representative.
(3) in any proceedings referred to in paragraph 1 may examine witnesses, experts or
the participants, as well as perform other evidence under the conditions specified in § 33
paragraph. 6.
(4) in proceedings for the deletion from the list of lawyers for the reasons stated in section 8
paragraph. 1 (b). a) to (c)), in the deletion from the list of law firms
Associates, in proceedings for the suspension of the exercise of advocacy for the reasons given
in § 9 para. 2 (a). and), as well as in proceedings for the suspension of the enforcement of the legal
practice worked as an associate for the reasons stated in § 9 para. 2 (a). and)
always order the oral proceedings.
(5) a written copy of the judgment of the Chamber, which is proceeding under
paragraph 1 shall expire, shall contain a statement, rationale and lessons learned about the appeal and the
resource if it admits the law, otherwise, the lessons that the correction
the resource is not permissible; rationale and lessons learned is not necessary if the
the decision granted to all participants in its entirety.
(6) the decision of the Chamber, against which an appeal may be made
the resource is in the final.
(7) the decision of the Chamber shall be enforceable as soon as it came into legal force.
The Chamber may pronounce his preliminary decision the enforceability, if
danger hard replaceable or material injury; in such a
If the judgment is enforceable on the day of delivery of the written
copy.
(8) unless otherwise provided by this law something else (section 55a (1)), they are not against
the decision of the Appeals Chamber permitted.
(9) If a participant fails to comply with proceedings pursuant to paragraph 1 within the time limit
voluntarily an obligation imposed his decision which is enforceable
performs the execution of the decision on a proposal from the Chamber of the Court under a special legal
prescription. ^ 15)
15) Act No. 71/1967 Coll., on administrative proceedings (administrative code). ".
52. in paragraph 55, the following new section 55a to 55e, including notes below
line # ^ 16) ^ ^ 16a) and 16b) are added:
"section 55a
(1) against a decision of the Chamber on the removed from the list of lawyers in accordance with § 8
paragraph. 1 (b). a) and (d)), removed from the list of legal executives
in accordance with § 37 para. 3, or suspension of the exercise of advocacy, according to § 9 para.
1 can be made under special legislation ^ 16) appeal to the
the Court. Until the Court decides, the Chamber may issue a new decision, if
appeal by him completely.
(2) if under special legislation ^ 16a) against the decision of the
The Chamber is brought to the Court, the Chamber may, until the Court decides, its
the decision to change or cancel.
section 55b
(1) one
and who is not) the time limits set by law in the list
lawyers or to a list of legal executives,
(b)) who has been issued a certificate of registration in the list of lawyers,
c) who within the period prescribed by law was not allowed to do
the law or uznávací test
(d)) was not within the period referred to in this law to allow for the oath,
(e)) which has been in conflict with this act carried out in the list of lawyers
in the list of legal executives or record referred to in section 55 c of paragraph 1. 1
(a). c) to (f)),
(f)) which was not within the time limit established by this act carried out in the
lawyers or legal executives in the record referred to in section 55 c
paragraph. 1 (b). g) or (h)),
may apply to the Court to decide on its right.
(2) disputes concerning the fulfilment of the obligations arising out of duties of lawyer
referred to in section 30 paragraph 2. 1 dealt with and the Court.
section 55 c
(1) a record in the list of lawyers or in the list of legal executives
the designation means the following:
and the entry on the list of lawyers),
b) entry on the list of trainee lawyers,
(c)) removed from the list of lawyers,
(d)) removed from the list of trainee lawyers,
e) suspension of the exercise of advocacy,
f) suspension of legal practice trainee lawyers,
(g) the termination of the suspension of the practice),
(h) the termination of the suspension of legal) practice of trainee lawyers,
other facts set out I) prosecutors.
(2) the Chamber will publish the records referred to in paragraph 1. a) to (h))
Journal.
§ 55d
(1) the list of lawyers and trainee lawyers are public list
lists; each may at the headquarters of the Chamber and take a peek of the
these listings.
(2) a certificate of registration in the list of lawyers (section 5 (4)), certificate
According to § 27 para. 2, as well as statements from the list of lawyers and extracts of
list of trainee lawyers, issued by the Chamber of Commerce are public
the documents.
§ 55e
(1) a document served by the Chamber to the advocate for its establishment;
the provisions of § 14 para. 3 and § 15 para. 5 are not affected. Documents
the specified must be served on the Chamber to the headquarters of koncipientovi advocate, to
which is a law clerk in the employment relationship; If the law firm
an associate in the employment contract to the company (section 15), be served on the Chamber
documents must be koncipientovi to the headquarters of this company or to
the headquarters of any lawyer who is her companion.
(2) a demand for payment pursuant to section 8 (2). 1 (b). (d) disciplinary action)
judgments in the disciplinary proceedings, which it provides for disciplinary order,
a judgment given in proceedings pursuant to § 55, governing this tender,
as well as the decision by which the Chamber has changed or repealed its decision
After having been brought against him, or an appeal to the Court of
(section 55a), shall be served on the lawyer or the bar koncipientovi in space
referred to in paragraph 1 into your own hands.
(3) For the service of documents pursuant to paragraph 2 shall apply mutatis mutandis
the provisions of the special legal regulations on the service of the decision of the
issued in the administrative procedure, ^ 16b) and regardless of whether the addressee
at the point of delivery.
(4) If a lawyer or junior lawyer in disciplinary proceedings or in
proceedings pursuant to § 55 representative or guardian, procedural documents
referred to in paragraph 2 only this representative or guardian.
16) section 250 l up to 250s of the judicial code.
16A) § 247 to 250 k code of civil procedure.
16B) sections 24 and 25 of the code of administrative procedure. ".
PART TWO
cancelled
Article II
cancelled
PART THREE
TRANSITIONAL PROVISIONS
Article. (III)
1. The request for entry on the list of lawyers or to the list of law firms
Associates and the request for enforcement of the law or uznávací tests administered
before the date of entry into force of this Act shall discuss according
the existing regulations.
2. the Disciplinary proceedings initiated before the effective date of this law shall be completed in accordance with
the existing legislation; disciplinary action under this Act may be imposed
If it is more favourable to the accused able in the printer.
3. other proceedings commenced before the effective date of this Act shall be completed
According to the existing legislation.
4. The one who has been in disciplinary proceedings initiated before the date of the acquisition of
the effectiveness of this law, the punitive measure saved listings
lawyers, are viewed as if they did not make disciplinary misconduct, or
as if this disciplinary measure has not been saved, and that the date of expiry of the
the duration of the disciplinary measures provided for the deletion of this.
5. A lawyer or trainee lawyers, who has been in disciplinary
proceedings initiated before the date of entry into force of this Act saved
disciplinary measures written reprehension or written admonishment notified
other solicitors, are viewed as if they did not make disciplinary misconduct,
where appropriate, as would punitive measures this was not saved, and the date on which
the decision to impose a disciplinary measure was enforced this.
6. Execution of decisions, which have been in disciplinary proceedings initiated before the date of
entry into force of this Act imposed disciplinary measures in the form of a fine,
shall be made under this Act; Similarly, enforcement,
that was in the disciplinary proceedings initiated before the date of entry into force of
This Act imposed a duty to compensate the costs of the disciplinary proceedings. On
lawyer or trainee lawyers, who has been in disciplinary proceedings
initiated before the date of entry into force of this Act saved the disciplinary
measures in the form of fines, are not treated as if they did not make disciplinary
wrongdoing, or as if this disciplinary measure has not been saved,
passed the date on which the decision to impose a disciplinary measure was
done, the period of one year.
7. the period during which the Attorney is in default in payment of the contribution to the
the activities of the Chamber, for the purpose of deciding on the deletion from the list of
lawyers calculated from the effectiveness of this Act.
8. The period during which a lawyer defends a different obstacle in carrying out
advocacy, for the purposes of making a decision about the suspension of the exercise of advocacy
starting from the effectiveness of this Act.
9. the period of suspension of the exercise of advocacy, therefore, that the lawyer was
work or other similar ratio or that practising another activity
incompatible with the exercise of advocacy, which last at the date of entry into force of
This Act, for the purposes of deletion from the list of lawyers is counted from the
the effective date of this Act.
10. The one who has been suspended, according to present legislation advocacy
on the basis of its application is deleted from the list of lawyers on the day the
period of four years from the effective date of this Act, if the
This day the suspension of the exercise of advocacy for this reason.
11. Transfer of rights and obligations related to the provision of legal
the services of a lawyer appointed by the representative prior to the effective date of this
the Act is governed by existing regulations.
12. Professional regulations adopted by the Chamber of Commerce prior to the effective date of this
the law shall be construed as professional regulations under this Act, if
matters which the law confers on the professional regulations;
the obligation to submit to the Chamber of the estates Department of Justice regulation
and permissions, the Minister of Justice to submit a proposal on its review
the Court is not thereby affected.
13. For higher education acquired in the framework of the master's degree
programme in the field of the right to study at a university based in the United
Republic for the purposes of entry in the list of lawyers or writing to
list of trainee lawyers also means higher education
obtained prior to the 1. January 1999 on the Law Faculty of the high school established
in the Czech Republic.
PART FOUR
POWERS OF EXECUTION
Article IV
The President of the Chamber of Deputies shall be empowered, in the collection of laws promulgated
the full text of Act No. 85/1996 Coll., on the legal profession, as is apparent from the changes
carried out this Act.
PART FIVE
The EFFECTIVENESS of the
Article. In
This law shall enter into force on the fifteenth day following the day on
publication.
Klaus r.
Zeman in r.
