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In accordance with the decision of the Parliament:
This law provides for the authorisation of a court lawyer and assistant and of the duties and supervision of the lawyer who has been granted authorisation.
The eligibility criteria for the trial trustee and assistant shall be laid down separately.
For the time being, the authorisation referred to in this law as a procedural agent and assistant shall be granted to a person:
(1) has completed in Finland a master's degree in law in law other than a master's degree in international and comparative law, or a degree of law abroad, recognised in Finland, depending on the degree to which it is based. Lays down;
(2) which has obtained a sufficient degree of familiarity with the role of the Ombudsman and of the Ombudsman;
(3) is honest and is not manifestly inappropriate for the task of the agent and assistant; and
4) which is not bankrupt and whose viability is not limited.
The qualified person referred to in paragraph 1 (2) shall:
(1) passed the Law on Lawyers Article 3 of the ec Treaty The bar examination referred to in paragraph 1 (4);
(2) have completed the exercise of court proceedings;
(3) acted for at least one year in the office of the prosecutor; or
(4) acting after the completion of the examination referred to in paragraph 1 (1), for a period of at least one year in another function which shall refer to the action of the Legal ombudsman and assistant.
In the manner referred to in paragraph 1 (3), an honest person is not a person who, in the last five years, has been sentenced to a prison sentence or a penalty in the last three years for a criminal offence which: Prove that a person is unfit to act as a court officer and assistant.
Persons who, as a disciplinary sanction, are dismissed from the general bar association of the country referred to in Article 1 (1) of the Law on Lawyers ( Bar Association ) Or removed from the EU list referred to in Article 5b (1) of that Law, which is considered by the Bar Association, may not be authorised under this law until three years have elapsed since the date of dismissal or withdrawal.
No new authorisation may be granted before a period of three years has elapsed since the cancellation of the authorisation has elapsed since the cancellation of the authorisation has elapsed since the cancellation of the authorisation.
The granting of the authorisation referred to in this Act and the cancellation of the authorisation and the imposition of a penalty payment shall be independent of the Board of Legal Aid.
The Tribunal shall be appointed for five years at a time.
The Administrative Court shall consist of a Judge of the Court of Appeal, one judge of administrative rights or the specialised courts, one judge on the rights of the district court, one of the parties to the law referred to in this law, and one A member representing legal research and education. Each member shall have a personal alternate. The panel shall elect a Chairperson and a Deputy Chairperson from among its members.
The Tribunal shall be appointed by the Board of State, after:
(1) the Supreme Court has appointed members and alternate members of the Court of Appeal of the Court of Appeal and the Court of Appeal on the basis of their registration;
(2) the Council of State has appointed the members of the Administrative Court and the specialised court judges on the basis of the registration of the prospective member and the alternate; and
(3) The Ministry of Justice has appointed a member and an alternate member and a member and alternate member of a prospective member and a member of the Legal Service who have been authorised.
Members and alternates shall be nominated twice as many as members and alternates. Prior to the legal examination and the appointment of a representative and an alternate member of the Ministry of Justice, the Ministry of Justice shall consult the scientific research and training bodies.
The Member of the Legal Aid Board and the alternate shall be granted by a State Council acting in accordance with the procedure laid down for the appointment of the panel for the remainder of the latter's term of office.
The Tribunal shall have a quorum when the President or the Vice-President and at least two other members or alternates are present.
The authorisation referred to in this Act shall be sought in writing from the Legal Aid Board. The applicant shall attach to the application the necessary explanation of the application.
The application referred to in Article 6 shall be examined and shall be settled by the Legal Aid Board. If the appeal committee rejects the application, the decision shall be reasoned.
The accredited legal counsel shall, honestly and conscientiously, fulfil the duties assigned to him by the court agent and assistant. In such cases, the legal counsel shall in particular:
(1) be loyal to his client and to the best of his ability to control the interests and the right of his client;
(2) be independent of any outside influence which may adversely affect his ability to supervise the interests of his client and maintain its independence;
(3) when receiving and carrying out the task, be unhindered;
(4) not without any unauthorised disclosure of a private or family secret or a trade or professional secret for which he or she has been informed;
(5) not to disclose any information other than those referred to in paragraph 4 which, in the performance of his duties, has been informed of his/her client's circumstances;
(6) treat the tasks they receive with care, punctuality, necessity and unnecessary costs;
(7) to maintain and develop their professional skills and to monitor legal developments, in particular in the areas of justice in which he operates;
(8) refuse to accept a task if he does not possess the necessary qualifications or if he is otherwise unable to perform the task properly;
(9) keep the money and other assets separate from its own resources;
(10) reply within a reasonable period of time to contacts with the Ombudsman and his assistant, unless it is manifestly unnecessary for a previous reply or any other similar reason;
(11) to provide an answer without undue delay if the authorised pta does not accept the task offered to him;
(12) acquire a client's acceptance of important measures relating to this right, unless the urgency of the case or other reasons for it are impedimable;
(13) be without any particular reason without taking legal action without informing the counterparty of the requirements of its client and without reserving a reasonable period of reflection, as well as an opportunity to settle the matter amicably;
(14) be without the agreement of the obligor outside the contract negotiations without invoking the settlement offer by the opposing party;
(15) not to exert undue pressure on the opposite side;
(16) not attempt to influence the Court or any other authority by inappropriate means and without prejudice to the work or resolution of the court or other authority;
(17) not to give statements to the court or to any other authority which he/she is aware of, and without any doubt as to what is true;
(18) refrain from any undue influence on the witness;
(19) be without any particular reason not to contact the counterparty without the consent of the agent or assistant of this case, if the client's party has recourse to the legal counsel.
In the event of any damage resulting from the damage resulting from that task, the lawyer who has been authorised to perform the duties of a professional lawyer and assistant shall have adequate liability insurance.
The penalty for breach of the obligation of professional secrecy laid down in paragraph 1 (4) shall be punishable under criminal law (39/1889) 1 or 2, unless a heavier penalty is imposed in the rest of the law.
In addition, a consumer-friendly or anti-competitive procedure is provided for in the consumer protection law (38/1978) in Chapter 2 .
The foregoing paragraph of this Article shall also apply to the other function of the authorised procedural assistant, which he or she has received on the basis of a court order or which has been provided for in the Law on Legal Aid (257/2002) For the purpose of assisting.
In the exercise of the duties conferred on it by Article 8 (1) of the Law on lawyers, the Court of First Instance referred to in Article 6 (1) of the Law on Lawyers ( Supervisory board ) And subject to the supervision of the Legal Aid Board, as provided for in this Act.
The Chancellor of Justice shall have the right to initiate the control case referred to in Article 14 if he considers that the person who has been granted the authorisation fails to fulfil his obligations. The lawyer shall be obliged to provide the Attorney General with the information and explanations necessary for the performance of the duties provided for in this Act.
The supervisory board referred to in Article 14, which has received the authorisation, shall examine and resolve the supervisory board. The Supervisory Board and its members are in force as laid down in Articles 6a, 7a and 7b of the Law on lawyers, Article 7j (1) and Article 7k. The President of the Board of Supervisors shall be chaired by a member of the Board of Appeal in the proceedings of the Supervisory Board.
The control issues referred to in paragraph 1 shall be subject to scrutiny by the supervisory board referred to in Article 6a (1) of the Law on Lawyers ( Control unit ). The Office and its staff are in force, as provided for in Article 6 (a), Article 7j (1) and Article 7k of the Law on lawyers.
Notwithstanding the provisions of Article 11, the suspension of the authorisation and the imposition of a penalty payment shall be the subject of a judicial assistance committee. The Tribunal may also issue a warning or refer the matter to the Supervisory Board in accordance with Article 16.
Where, in breach of Article 8, the authorised procedural adviser is found to have been informed of the facts, he shall be required to: Disciplinary sanction , which are subject to the withdrawal of the authorisation referred to in this Act, the imposition of a penalty payment, a warning and a comment.
The authorisation referred to in this Act shall be withdrawn if, in the duties referred to in Article 8, the authorisation of a person who has been granted an authorisation shall act in an unfair or otherwise deliberate manner in breach of another right. If there are mitigating circumstances in relation to the legal counsel's proceedings, he or she may be subject to a penalty payment or a warning.
If the person who has been granted an authorisation shall, in breach of Article 8, not referred to in paragraph 2, be subject to a warning or a comment. Where the procedure referred to in this or the second subparagraph is repeated or otherwise aggravating circumstances, the authorisation referred to in this Act may be revoked or a penalty payment may be imposed on him.
The fee shall be at least eur 500 and not more than eur 15 000. When calculating the penalty, account shall be taken of the reproducibility, experience and economic circumstances of the proceedings of the other party authorised in the course of the proceedings, so that the penalty is proportionate to his or her conduct. The fee shall be charged by the Legal Aid Board.
The penalty payment shall not be imposed if the case of the same infringement is pending in the case of pre-trial, indictment or criminal proceedings, or where the authorised pta has been legally sentenced for the same offence.
In the cases referred to in paragraph 3, the penalty may be waived where, in the procedure provided for in Article 8, the authorisation granted by the authorisation is limited to a limited degree of breach of the obligations referred to in Article 8 and must be regarded as As a whole, criticizing a minor one.
Where the authorisation of the authorised judicial assistant has been initiated, the Board of Supervisors and the Judicial Aid Board may continue to examine the case and to rule on whether or not the authorisation has been granted to the lawyer in question in the present law. , and the penalty he would have deserved for that purpose.
The judicial committee may order the decision to withdraw the authorisation referred to in this Act, in spite of the appeal.
In the event of a written complaint against the authorised procedural adviser, a statement by the Chancellor of the Court of Justice pursuant to Article 10 of the Court of Justice or the notification by the Court of Justice of the Court of Justice of the Court of Justice in accordance with Article 10a of Chapter 15 of the Court of Justice To the Supervisory Board.
If the complaint is so deficient that it cannot be decided on the basis of the complaint, the complainant should be instructed to remedy the deficiency within the prescribed period. At the same time, the complainant shall be informed of the manner in which the complaint is incomplete and that the Board of Supervisors may submit a complaint without the complainant failing to comply with his request. The Board of Supervisors shall not examine a complaint in the past unless a new report has been presented in the complaint.
The complaint may be declared inadmissible if more than five years have elapsed since the events in question.
The control issues shall be dealt with by the Plenary or Chamber of the Supervisory Board. The plenary session shall discuss the matters referred to it by the President of the Supervisory Board or transferred to it by the Chambers. However, it is always a plenary session to decide whether to withdraw or to impose a penalty payment to the Jury.
The procedure for monitoring the matter in the Supervisory Board is written. However, the motion for annulment of the authorisation or the imposition of a penalty payment may only be made if an oral hearing was held on the Board of Appeal. The Board of Supervisors may, in other cases, arrange an oral hearing. The authorised procedural assistant to which the case is concerned and the complainant must be invited to the oral hearing.
The supervisory board shall reserve the opportunity to be heard before a decision is taken on the subject of the authorisation. The trial assistant shall provide the information and explanations requested from him in a transparent and truthful manner. The Supervisory Board shall provide the complainant with the opportunity to rule on the reply given by the lawyer. The Board of Supervisors shall, mutatis mutandis, ensure that the matter is adequately dealt with.
The Board of Appeal's motion to revoke the authorisation or to impose a penalty payment shall be made in writing and shall indicate:
1) the date of issue and the date of submission of the draft;
(2) the names of the parties and the complainant's name;
(3) a description of the requirements and answers set out in the case;
(4) the penalty presented by the Supervisory Board and its reasons; and
(5) the names and status of the participants in the Supervisory Board, as well as an indication as to whether the draft has been put to the vote; if the draft has been put to the vote, the views of the Members who disagree shall be attached to the draft.
The procedure referred to in paragraph 1 shall be in writing. The Tribunal shall, when considering the motion, reserve the right to an adjudicator who has been granted an authorisation and the complainant shall be given the opportunity to be heard as a result of the proposal. The Tribunal may, where appropriate, submit an oral hearing.
The Tribunal may, in the absence of an authorisation by the Board of Supervisors, issue a warning to the court or tribunal of the Court of Justice, but also, on the other hand, a warning, as provided for in Article 13, or referred back to the Referred to.
The decision of the Supervisory Board and of the Committee on Legal Aid to the Court of Justice shall apply mutatis mutandis, as provided for in Article 7g of the Law on Lawyers.
The Supervisory Board shall keep a public diary of control issues. Information on the withdrawal of the authorisation shall be removed from the public diary 10 years after the decision of the Committee on Legal Aid. Otherwise, the logbook shall apply mutatis mutandis, as provided for in Article 7h of the Law on Lawyers, which provides for a public diary and for keeping it in control.
The Board of Supervisors and the Legal Aid Board shall draw up a public resolution on the decision it has taken. Otherwise, the solution to the solution shall apply mutatis mutandis, as provided for in Article 7 (i) of the Law on Lawyers in the case of a public resolution in the case of control.
In so far as the law does not provide otherwise, the Supervisory Board, the Supervisory Board and the Legal Aid Board shall be subject to the provisions of the Administrative Act. (2003) , language law (2003) And the Sami language (1886/2003) Provides.
The documents and activities of the Supervisory Board, the Supervisory Unit and the Legal Aid Board in the exercise of the public scrutiny of the documents and activities of the Board of Supervisors shall be governed by the law of the authorities (18/09/1999) , subject to the obligation of professional secrecy, subject to the obligation of professional secrecy. However, the document shall not be made public until the decision of the Board of Supervisors or of the Legal Aid Board has been adopted or is available to the interested party.
The judicial assistance committee shall withdraw the authorisation granted if the authorised trial assistant:
(1) request the withdrawal of the authorisation in writing;
(2) no longer fulfils the conditions for the authorisation laid down in Article 2; or
3) has not carried out an application, control or penalty payment within a reasonable period of time after the non-payment has been made to him, and the omission cannot be considered to be negligible.
In cases other than those referred to in paragraph 1 (1), the Tribunal shall reserve the right to be heard before the authorisation is withdrawn.
If the authorised trial assistant is accepted as a member of the Bar Association, it shall fall under the authorisation referred to in this Act.
In so far as the law does not provide otherwise, the Court of Justice of the Court of Justice, other than those referred to in Article 14, shall be subject to the provisions of the administrative law, language, language law and public authorities The law provides.
Information on the name of the lawyer authorised and the date of issue of the authorisation to be entered in a public register kept by the Jury ( List of legal advisers ).
The Tribunal shall waive the information on the list of legal assistants who have been granted the authorisation, when the authorisation has been revoked by a decision which has been obtained by the law or has lapsed pursuant to Article 21.
More detailed provisions on the list of procedural assistants and their holding may be adopted by a Council Regulation.
The Legal Aid Board shall levy an application fee for examining the application referred to in Article 6. The application fee shall be subject to the provisions of the State contribution law (150/1992) Provides.
In addition, the authorised procedural assistant shall pay the supervisory fee. The supervisory fee shall be paid in respect of the year in which the legal counsel is granted the authorisation provided for in this Act and, in addition, for each calendar year at which his licence is valid. The amount of the surveillance fee shall be EUR 350 and shall be charged by the Legal Aid Board. The Board of Appeal shall carry out an annual report on the fees paid to the Bar Association for 2/3 of the fees paid, which shall cover the costs of the activities of the supervisory board and the control unit. The Ministry of Justice checks annually the increase in the cost of the control fee accordingly. This amendment is carried out with two full euro.
The person whose application to obtain the authorisation referred to in this Act has been rejected or whose authorisation has been withdrawn in accordance with Article 20 (1) is entitled to appeal against the decision of the Civil Service Tribunal to the Court of Appeal of Helsinki. In addition, the Attorney General has the right to appeal to the Court of Appeal of Helsinki on the decision to withdraw the authorisation of the aid committee referred to in Article 20.
The authorised legal adviser to the court concerned and the Attorney General shall have the right to appeal against the decision of the Board of Appeal of the Board of Supervisors and of the Judicial Assistance Committee referred to in Article 14 to the Court of Appeal of Helsinki. However, the decision of the Board of Supervisors for the purposes of Article 16 (1) to withdraw the authorisation or to impose a penalty payment shall not be subject to a separate appeal.
The deadline for lodging a complaint is 30 days. The period of appeal shall start from the date of notification of the decision. The appeal addressed to the Helsinki Court of Appeal shall be submitted within the prescribed period to the panel to which the appeal is lodged. The Board shall, without delay, submit a letter of appeal with the annexes and a copy of the contested decision to the Court of Appeal.
The Court of Appeal shall, in the context of the appeal, reserve the right to the Chancellor of the Court of Justice, the authorised pta and the complainant, and the complainant to be heard as a result of the appeal and, if necessary, to provide evidence and other evidence. Report.
The decision on the application fee or the control fee to be lodged by the Tribunal shall be subject to an adjustment as provided for in the Administrative Law. The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides. An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
L to 10/2015 Article 26 shall enter into force on 1 January 2016. The previous wording reads:
The decision on the application fee or the control fee to be lodged by the Tribunal shall be required by the Board of Appeal as set out in Chapter 7a of the Administrative Act. The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides.
The application fee, the control fee and the penalty payment are directly enforceable. Their succession is governed by the law on the implementation of taxes and charges (20/2007) . However, the penalty payment may only be implemented on the basis of a final decision.
The Board of Supervisors shall submit to the Legal Aid Board a notification of the decision whereby the person responsible for disciplinary action has been dismissed from the Bar Association or has been removed from the bar referred to in Article 5b (1) of the Law on Lawyers On the EU list, and at the same time, indicate whether the decision has obtained the law.
The Board of the Bar Association shall submit to the Legal Aid Board a notification of the authorisation of a lawyer authorised by the Bar Association.
The Tribunal shall submit to the general courts, the general administrative courts, the Court of Justice and the right of market access notice of the decision to withdraw the authorisation of the authorised procedural assistant and, at the same time, Indicate whether the decision has obtained the law.
The Board of Supervisors and the Legal Aid Board shall send a copy of the decision on the control referred to in Article 14 to the Attorney-General. In addition, a judicial assistance committee shall send a copy of its decision to withdraw the authorisation referred to in Article 20.
The Tribunal shall send to the Supervisory Board a copy of the decision taken in the control case referred to in Article 14 and the public resolution it has drawn up. In addition, the Committee on Legal Affairs shall submit to the Board of Appeal the other relevant information referred to in the public journal referred to in Article 7h (1) of the Law on the Control Board.
More detailed provisions on the notifications referred to in this Article may be adopted by a Council Regulation.
More detailed provisions on the judicial assistance committee and handling of cases there may be adopted by a decree of the Council of Ministers. The Rules of Procedure, as laid down by the President of the Board, may be specified in more detail on the organisation of the proceedings.
More detailed provisions on the implementation of this law may be adopted by a Council regulation.
This Act shall enter into force on 1 January 2013.
Notwithstanding the provisions of Article 4, for the first time, the Board of Appeal shall be set up for two years and, as members, shall have one judge on the rights of the court, one judge of the administrative right or Special courts, one judge on the rights of the district court and one member representing legal research and teaching, and each alternate member.
According to the provisions in force at the time of entry into force of this Act, a person who is capable of acting as a lawyer and assistant is eligible to act as a legal agent and assistant for one year from the date of entry into force of this Act.
In addition to the provisions laid down in paragraph 3, in accordance with the provisions in force at the time of entry into force of this Act, a qualified person seeking authorisation within the meaning of that law three months before the entry into force of this Act, The expiry of that period and whose application has not been legally settled within one year of the entry into force of the law shall be eligible to act as a legal agent and assistant until his application has been legally settled.
Notwithstanding the provisions of paragraphs 3 and 4, the case pending before a court at the time of entry into force of this Act shall apply to the provisions in force at the time of entry into force of the law.
Before the law enters into force, measures may be taken to implement the law.
THEY 318/2010 , LaVM 40/2010, EV 337/2010This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
