Article 1

Original Language Title: Art 1

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009334.html

May 26, 1914 Law No. 17 on the exercise of a lawyer and prosecutor professions Art. 1. - The citizens of the Republic doctors in Law can obtain the title of lawyer and prosecutor. Art. 2. - The same person can achieve both titles and exert correspondingly both professions. Art. 3. - The exercise of the profession of lawyer or prosecutor is incompatible by practice of other professions and with any office or public employment not free, except that of notary. Art. 4. - The lawyer for his office to issue legal opinions and consultations, assist clients in business extrajudicial and defend them in court. Art. 5. - Office of the Prosecutor is just the representation of parties in court, the direction and compilation of procedural documents. E ', however, allowed prosecutors to lend assistance to the customers out of judgment and in court to defend them; but in this case they are granted only those rights set out in the prosecutors pei rate. Art. 6. - The lawyers are entitled to the fees established in the lawyers' fee. Prosecutors are entitled to the fees established in the Tariff of attorneys. When the same person brings into question the Advocate and attorney is entitled to the fees set in pei prosecutors rate, but if the cause is of considerable importance, the Court may raise the fee to the allegations in the law or for the finals defenses until twice what it is allocated in rate. When there shall be involved and attorney and attorney's fees to the allegations in law or final briefs out by one of them alone, without the rest of their rates. Art. 7. - To obtain the title of lawyer or procuratoe must present a written request to the Regency. The question must unite: 1) - the diploma of doctoral degree in law: 2) - the certificate of forensic practice, made uo lawyer's office for two years following the completion of the ongoing university course, or for one year in a study prosecutor, according as the aspirant wants to be admitted to the lawyers, or the order of prosecutors: 3) - the government Treasury bill stating the payment of the L. 50 fee for aspiring to the title of lawyers, L. 25 for aspriranti to that of prosecutor. Art. 8. - The doctoral degree reported in a University of R of Italy gno and practice made in a studio lawyer or legal procurator in the same operator United have full value in the Republic. Art. 9. - The Sammarinese national who has worked as a prosecutor profession for five years at the courts of the Republic shall not be required, to achieve the title of lawyer, to produce another document besides a certificate proving the commissioner of the Chancellery his five-year period. Art. 10. - The Regency shall forward the application and the documents before the Law Commissioner and then to the Judge of Appeal, so that the same, consulted criminal records and information obtained on the moral and civil conduct dll'aspirante, emit their opinions . Art. 11. - If the opinions of the Law Commissioner and Judge of Appeal are favorable, the Regency, in the case of suction provided the requirement of which it is mentioned in art. 9, he confers with his rescript the title of lawyer. If then trat the aspirant who has no such requirement, or aspiring to the title of the Prosecutor, shall proceed for aptitude. Art. 12. - If the opinions are contrary or discordant, the Regency judges without appeal, or for the rejection of the application, or pel conferment of the degree in the case of Art. 9, or for examination of competence. Art. 13. - The aspirant exam will take place before a Committee of three jurists chaired by Judge of Appeal if you ask the title of lawyer and by the Law Commissioner if you ask the title of prosecutor. Art. 14. - When the Judge of Appeal, or the Law Commissioner has issued an opinion contrary to the aspirant, or declare that they intended to abstain, the Regency delegation in their stead another jurist as Commission President. Art. 15. - The examination must be oral and written, and the candidate must obtain the majority of votes in order to achieve the title. Art. 16. - For the aspirants to the title of lawyer the oral exam will be around on the Statute and other applicable law, and the written examination will consist of a reasoned vote on a question of law. For aspiring to a prosecutor the oral examination will be around the civil and criminal procedure; and the written examination will consist in the rational solution of a question of procedure.
The theme written exam will be given by the President of the Commission on the day designated for the written examination. Art. 17. - The examining committee after the vote made by secret ballot, in an official report summarizes the results of the examinations. The President shall forward, examined it signed by the bulls, the Regency. Art. 18. - If the results of the exams were able favorable to the aspirant, the Regency with his rescript awarded him the title of lawyer or prosecutor. In the case of adverse results, the application is rejected, but the aspirant can renew it after six months. Art. 19. - In Chancery Commissarial know I will keep posted, by the Law Commissioner, a register of members to the bar and entered on a register of attorneys. So that each register is always complete, the Regency will communicate to the Law Commissioner the shipment made each rescript and avvocat or prosecutor who obtained it must esibirgliene the original. Art. 20. - When a lawyer or a prosecutor has suffered na serious criminal conviction, or Siasi guilty of act or omission for which unworthy reputarsi installation of either title, the Judge of appeal must or Office or on request from the Law Commissioner to issue a disciplinary measure of admonition or cancellation from the register according to the seriousness of the case. The measure will be issued after collected the appropriate information, the deductions from the party concerned and the opinion of the judge for criminal cases. Art. 21. - The removal from the register of Prosecutors will give rise ipso jure to removal from the Bar Association, if the prosecutor is writing. Art. 22. - The lawyer or the prosecutor, out of which it has been decreed the removal from the register, can after a year, a Justice of Appeal for the new registration; feeling of having made it worthy of rehabilitation. Justices of Appeal in this case provides with the method outlined in paragraph of article. 20. Art. 23. - The one, that not being entered on the register, he took the title or exercise the functions of a lawyer or attorney is prosecuted nellforme established by the Criminal Procedure Code. The culprit is sentenced to a fine of 5 to L. L. 50, unless major sanctions. TRANSITIONAL PROVISIONS Art. 24. - Those who are currently in the exercise of the profession of attorney will be entitled to be inscribed in the albo of the Order of the procured. Art. 25. - No more 'later than one month after publication of this law will be compiled, edited by the Law Commissioner, and posted at the Chancellery' register of operators prosecutors who will question referred to the commissioner. Art. 26. - Against the formation of the register can move the complaint, the Judge of Appeal within a period of sixty days dall'affissione, whoever was drawn omitted and anyone who believed the abusive registration of some individuals. Justices of Appeal adjudicates complaints by the method described in paragraph of Article 20. Art. 27. - The exercise of the profession of prosecutor anterior to this Law will be held in calculation for the purposes of art. 9. Art. 28. - The incompatibility of certain art. 3 do not apply to those who before the date of this law practiced other professions or occupied some public sector and together they practiced the profession of Attorney. Art. 29. - Prosecutors at the date of publication of this Law carry the title of attorney may continue to take it even if they have not already entitled to be entered in the relevant register. Art. 30. - This Act shall come into force immediately after its publication. TABLE of Lawyer pei judgments fees, both at first instance, and second, that extraordinary. According to the gravity of the deal, as long as presumptively may have employed the lawyer and the condition of one who has to pay, the fees will be paid following standards hill: 1. Each conference by L. L. 5 to 25 NB - Against unsuccessful You are not taxed more 'than two Congresses at all levels of jurisdiction. 2. Examination of L. 10 to L. 60 3. Opinion position or consultation in writing ..da L. 15 to L. 80 4. for the written defense studies from L. 20 to L. 60 5. Defense written by L. 30 to L. 200 6. in the affairs of slight importance of the remuneration for work done may tassarsi in a lump sum by L. 30 to L. 60 TABLE of attorneys 'fees for each degree of Case 1. for' lawsuit before the Court both for summary causes that formal L. 2 2. to the right of information or informativ L. session 3 can tassarsi two to five conferences or information sessions for any cause according to the importance of the same.
3. For each occurrence or deduction in acts 1:50 L. 4. To help with the analysis of each Testel. 1 5. To support the response of suppletorio or decisive oath or locations L. 2 6. For legal access to the City, and Piagge Borgo L. .. from 5 to 15 L. Elsewhere: over the transport costs by L. 10 to 30 L. 7. to debate or discussion decreed by L. Court 5 8. to the allegations in law, as well as the fee of 1 L. scritturazione per sheet of four pages, the Court held in calculating the importance of because, the merit of the defense brief, the time required for the same, the condition of one who has to pay, may decree a salary from L. 10 to L. 150 in summary cases where there is no allegation in tto say the appearance of the ruling request will be compensated as follows: in cases up to 100 L. L. value 5 in cases where the value is greater than $ 100ma less than L. 200 L. 10 in proceedings between the value of L. 200 the L. 500 W. 15 in proceedings between L. 500 and L. 1000 L. 20 to L. 30 L. in the cases of more than 1000, the compensation will be determined by the Court without exceeding L. 100. If it was not pronounced judgment ultimately these fees will be reduced in half. And half of cennati fees is also responsible for interim judgments. 9. To assist irrotulazione of acts, including the schedule of the produced L. 2 10. To assist conciliation L. 5 11. For liquidation of L. cart 2 12. To support the publication of the judgment L. 2 13. To every act of Attorney subsequent to the judgment and for each execution preparatory act L. 14. 1:50 - for all access to public offices to request documents or any acts relating to the cause L. TABLE 1 in criminal matters. In actions of any degree criminal Lawyer or Attorney who performs the office of attorney she will be entitled to a compensation extensible, given the importance of judgment and of all the circumstances, up to 500 L..