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The Amendments To The Law Of The Bar Of The Republic Of Latvia In The

Original Language Title: Grozījumi Latvijas Republikas Advokatūras likumā

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The Saeima has adopted and the President promulgated the following laws: the law of the bar of the Republic of Latvia in the Republic of Latvia Law of the bar (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1993, nr. 28; 1998, nr. 5; 2003; 2004, nr. 23, 6., no. 12) the following amendments: 1. Make the following article 12: "12. Statutory national pay a lawyer to provide legal assistance and with the provision of associated costs.
Remuneration and expenses reimbursed Attorney senior, organising national defence or representation provided by the conduct of the criminal proceedings shall be borne by the State budget funds.
Attorney senior remuneration and reimbursable costs, types, recoverable costs and the procedure for determining proportions, as well as attorney fees and reimbursable earlier spending procedure and the use of the financial resources of the contents of the report and submit the order is determined by the Cabinet of Ministers. "
2. Express 15, and article 16 16.1 the first paragraph by the following: "15. sworn lawyers cannot admit persons: 1) which do not comply with this law, the requirements of article 14;
2) over which a guardianship;
3) which the Court recognized as a capable maksātn debtors;
4) which the criminal proceedings for the purpose of committing a crime recognised as suspects or accused;
5) against which criminal proceedings for the purpose of committing a crime on an end reabilitējoš;
6) who are the subject of an intentional criminal offence, irrespective of the delete or remove a criminal record;
7) which previously committed an intentional criminal offence, but exempt from penal;
8) that a judgement in criminal proceedings shall be deprived of the right to occupy the post of counsel or this law, article 14, first paragraph 6 above posts;
9) which, on the basis of the disciplinary decision, cancelled from the judge, sworn bailiff, sworn bailiff's Assistant, sworn notary or sworn notary's Assistant position, excluded from the Attorney or attorney or Assistant laid off from the public prosecutor, while the disciplinary decision taken from the date of its entry into force does not last for five years;
10) occupation which the Latvian Council of sworn advocates for ethical reasons, the Council recognized as incompatible with the position of public advocate sworn in;
11) which is direct or mediated administrations, derived public persons, the public authorities or other State (municipalities) Corporation service, except for the Faculty of education and the person performing the duties of the legal adviser in accordance with the Treaty or does not comply with article 42 of this law.
16. the number Of Attorney excludes persons: 1) where the Court is satisfied on the maksātn is capable of debtors;
2) over which a guardianship;
3 which of criminal proceedings) against an intentional criminal offence to an end reabilitējoš;
4) who are the subject of an intentional criminal offence, irrespective of the delete or remove a criminal record;
5) which committed an intentional criminal offence, but exempt from penal;
6) that a judgement in criminal proceedings shall be deprived of the right to occupy the position of the lawyer;
7) which this law provided for in article 39 application falsely stated that their admission to the juries are not barriers to advokāto;
8) which after the Latvian Council of sworn advocates's proposal does not stop this law article 15 or 11. occupation referred to in paragraph 1;
9) imposing the disciplinary measure — the exclusion from the Attorney.
16.1 the Latvian Council of sworn advocates may stop the operation of lawyers sworn in while he is direct or mediated by national regulatory authorities, derived public persons, other public authorities (municipalities) or the public service or to a Corporation exercises or long sickness, as well as at the request of the lawyer based in other cases. "
3. Express article 17 the following: "17. After the process of transforming a written disclosure of Attorney duties on the pre-trial criminal procedure and criminal proceedings may impeach them sworn to lawyers who are suspected or accused of a criminal offence the intentional offence that is not associated with the sworn advocate's profession.
After the process of transforming a written disclosure of Attorney duties on pre-trial proceedings in criminal matters and criminal procedure time disqualified them chartered lawyers who are suspected or accused of a criminal offence the intentional offence associated with the sworn advocate's profession, or who act in accordance with the procedure laid down in the criminal proceedings as a security feature applied to the occupation. "
4. Article 34: supplement paragraph 2, after the word "mate" with the words "as well as the area of the Court practicing attorney parents";
Express points 6 and 7 by the following: ' 6) in view of the Court, the prosecution and pre-trial investigation authorities, as well as the population in the relevant area of the Court, determine the minimum number of attorney which is required to ensure sufficient legal aid, but without prejudice to the maximum in this Court the area practicing attorney;
7) confirms the Court's actions in the territory of a practicing attorney as well as the older, release him from his attorney earlier duties at his request or if he does not comply with the obligations laid down in this Act; ";
Express points 9 and 10 by the following: "9) instructs the advocates in the courts, pre-trial investigation and other bodies for consideration to take the things that founded reasons can not find a lawyer fighting his case, as well as the territory of operation of the Court Attorney lawyers the parents ask to make the national defence or representation provided in criminal proceedings or in the cases specified in the law to give the State legal aid;
10) organised a consultation provision of legal assistance to the poor or needy persons; "
Express 12. paragraph by the following: "12") determines the level of remuneration of the lawyer and other legal aid expenses in accordance with article 57 of the Act, if a lawyer with a client in this respect is in dispute, and if they have not entered into a written agreement ";
to supplement the article with 14, 15, 16 and 17 the following: "14) determines the order in which Attorney senior organizes Court lawyers practising in the territory, and establishing the State-provided advocacy and representation in criminal proceedings requires the conduct of lawyers on call scheduling arrangements;
15) provides the management of defence counsel or representation in criminal proceedings, to perform at the request of the promoters of the process, as well as in the cases specified in the Act on State legal aid;
16) administered by the courts of the territory of Senior Attorney from the State budget funds allocated to the funding of this law article 12 referred to in the third paragraph, the Cabinet of Ministers in accordance with the procedure laid down in the rules;
17) by the Court in the area practicing attorney in the older designation. "
5. Article 37: turn off in the first paragraph, the words "interested parties";
to supplement the article with the second part as follows: "the Latvian Council of sworn advocates's decision about the exclusion of lawyers sworn in, suspension or reporting of the lawyer or the lawyer's sworn suspension appeal shall not suspend the operation of this decision to the date of entry into force of the final ruling in the case."
6. Make the following article 39:39. "the Person who wants to join the Attorney, submitted to the Latvian Council of sworn advocates for the application and relevant documents. In the application the applicant declares that he is not taking this law referred to in article 15. "
7. Replace article 40, the word "district" by the words "in the territory".
8. Make the second paragraph of article 41.2 by the following: "sworn advocate's exam schedule and areas are checked by a lawyer for the Office of the applicant sworn on knowledge and skills, as well as the order of evaluation is determined by the Cabinet of Ministers."
9. Express 41.3 article as follows: "If the applicant passed the 41.3 lawyer's exam and the Latvian Council of sworn advocates, the Council has not received additional information that the applicant's admission has incurred this law, article 15 of these barriers, the Latvian Council of sworn advocates Council takes their attorney."
10. Replace article 45, the word "district" by the words "in the territory".
11. Replace article 48 (1) and in paragraph 3, the words "the Court and the pre-trial investigation authority" (the fold) with the words "the courts, prosecution and pre-trial investigation authorities" (the fold).
12. To supplement the law with article 29.9 of the following:

"sworn advocate's mandate 48.1 and its amount, as well as the permission to perform this Act 48. the tasks defined in article attests that a sample of the warrant approved by the Latvian Council of sworn advocates."
13. Make 51 and 52 of this version of the article: "51. Sworn lawyers provide legal assistance to any person in civil, administrative or statutory cases, in other cases, by agreement with the customer or in the cases specified in this law — the Latvian Council of sworn advocates or Senior Attorney.
52. In criminal matters take sworn lawyers to defend persons who have the right to defence, and convicted, representing victims and provides legal aid to any person in criminal proceedings.
In the first part of the activity referred to sworn advocate shall: 1) in agreement with the person or its representative;
2) in the cases specified in this law — the Latvian Council of sworn advocates or Senior Attorney;
3) on behalf of the promoters of the process — the law of criminal procedure in the individual procedural acts. "
14. To supplement the law with article 52.1 the following: 52.1 Sworn advocates ' is obliged according to the Latvian Council of sworn advocates Council established the Attorney on call schedule drawn up to guide the process at the time set the national defence or representation provided by the criminal law process in separate operations in ALA.
If sworn advocate designated by the promoters of the process time can not even participate in the separate procedural activities, he must ensure that his place another sworn lawyer come to the provision of legal aid, and shall inform the promoters of the process. "
15. the express 54 and 55 of the following article: "54. The Latvian Council of sworn advocates asks sworn lawyer to take the case only after coordination with the relevant activities of the Court of the territory of Senior Attorney.
55. Sworn lawyers not to withdraw from the agreement or the performance of the given task, without justified reasons. "
16. To supplement the law with article 54. ¹ the following wording: "54. ¹ Attorney senior: 1) organised by the area of the Court practicing lawyers work as well as draw up a lawyer on call schedules for national defence or representation provided for in criminal procedure at the request of the promoters of the process or the Latvian Council of sworn advocates on behalf of the Council — in all things;
2) immediately, but not later than within three working days after receipt of the request of the promoters shall notify him about the participation of a lawyer in criminal proceedings;
3) instructs the Court concerned the area practicing lawyers to ensure the defence of the State or representation;
4) provides support for other areas of operation of the Court Attorney senior national defence or representation provided.
Attorney for parent is entitled to receive from the State budget funds for this purpose consideration for lawyers ' organisations the national defence or representation provided, as well as the reimbursement of the expenses incurred in carrying out these functions. "
17. Article 57 of the following expression: ' 57. Sworn lawyers about taking the case and the amount of remuneration is agreed in writing with the customer.
The client may, at any time, take one sworn advocate's site another attorney or even take on things, pay the lawyer for his work in accordance with a written agreement.
In the event of a dispute, if sworn lawyer and client agreement not been concluded in writing, the lawyer for double the amount of the remuneration, as well as other legal assistance reimbursed related expenses determined by the legislation of the State legal aid fee amounts laid down. The remuneration of the lawyer and other expenses reimbursed shall be borne by the customer. In addition to the remuneration and other legal aid related costs recoverable expenditure related to the taking of evidence, writing this at actual cost.
In the third subparagraph, in the case referred to in the sworn advocate's remuneration fixed and other legal assistance reimbursed related expenses not covered by the State budget. "
18. off 58.61.62, and.
19. To supplement the law with article 70. ¹ the following wording: "70. ¹ sworn lawyers in the law of Attorney earlier duties is liable to disciplinary action."
20. Article 86 of the expression as follows: "86. About Attorney assistants cannot admit a person referred to in article 15 of this law, 2., 3., 4., 5., 6., 7., 8, 9, 10 and 11, but from the Assistant Attorney to be the number of persons referred to in article 16 of this law 1., 2., 3., 4., 5., 6, and 8.
Attorney Assistant transaction denied or they atstādinām of their duties under this Act and article 16.1. "
21. Replace article 91, the word "district" by the words "in the territory".
22. Replace article 94 the first part of the second sentence, the words "the Court and pre-trial investigation authorities" with the words "the courts, prosecution and pre-trial investigation authorities".
23. the express article 95 the following: "95. After one year of sworn advocate Assistant organizes the second legal exam sworn Latvian Attorney Council.
If the outstanding second exam and the pre-trial investigation authorities, Prosecutor's offices, courts, and the courts of the territory Attorney senior not given negative feedback about the sworn advocate Assistant, legal aid, provided by the Latvian Council of sworn advocates may allow sworn advocate Assistant take things during the pre-trial investigation authorities, Prosecutor's offices and courts without a pārpilnvarojum, except for the criminal district courts and the Supreme Court; its sworn advocate Assistant can lead to Chuck pārpilnvarojum and his leadership. "
24. Article 100: Supplement to the second part of the article as follows: "Attorney Assistant at 94 and 95 of this Act specified in article sworn advocate Assistant exam must be taken to ensure the defence of the country or proceedings in all courts of the representative action in the territory of the Latvian Council of sworn advocates on behalf of, or in the cases specified in this law, the courts of the territory of activity of Attorney senior, or after the invitation of the promoters of this law laid down in article 52. ¹ case.";
believe the current text of article about the first part.
25. the express article 121 second sentence as follows: "this certificate (certificate) for registration in Latvia is valid for three months from its date of issue."
26. the transitional provisions be supplemented by 3. — paragraph 8 by the following: "3. The Latvian Council of sworn advocates Council no later than 1 January 2009, pursuant to the 2009 January 1 existing Attorney senior selection procedures, approved for one year of operation of the Court area Attorney senior, which launched with a January 1, 2009.
4. The Latvian Council of sworn advocates Council no later than 1 January 2009, pursuant to the 2009 January 1 the existing attorneys on call scheduling procedures, ensure that a lawyer on call schedules applicable to January 1, 2009, to be drawn up in at least one month all the activities of the Court.
5. The Latvian Council of sworn advocates up to 1, 2009 November organised by the judicial area Attorney and approved by the senior court area attorney who earlier launched by 1 January 2010.
6. Up to this law, in the second paragraph of article 41.2 this cabinet from the date of entry into force of the provisions, but not longer than until 1 January 2009 to apply to the Cabinet of Ministers on 27 February 2007 the Regulation No 160 "rules on lawyer's examination procedure and minimum amount of knowledge", in so far as they do not conflict with this Act.
7. This law, 12, 34, 51, 52, 54 and article 100, which provides for amendments to the Latvian Council of sworn advocates, Senior Attorney and Attorney membership on State legal aid provision shall enter into force on 1 January 2009.
8. This Law 52. ¹ ¹, 54 and 70. ¹ article shall enter into force on 1 January 2009. "
The law adopted by the Parliament in June 19, 2008.
President Valdis Zatlers in Riga V. 9 July 2008. Editorial Note: the law shall enter into force on 23 July 2008.