Royal Decree of 22 January 1934, No 37 Royal Decree of 22 January 1934, No 37
(in Gazz. No., January 30, 24)
Additional regulations and implementation of the rdl November 27, 1933, No 1578, on the organization of the legal profession [and Attorney] (a) (2) (3) (4).
(1) The term "solicitor" shall be read replaced by the term "lawyer" to effect the provisions of art. 3, l. February 24, 1997, No 27, suppression of the register of solicitors. Every time the prosecutor used the term it was decided to limit it in square brackets.
(2) In place of the Minister / Ministry of Justice read the Minister / Ministry of Justice under Presidential Decree 13 September 1999.
(3) Article 5 bis of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180, the reference to the jury contained in this Decree, the Subcommittee examiner.
(4) Article 6 ter of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180 the provisions of Articles 1-a, 1-b, 2, 3, 5 - and 6 bis - bis does not apply to the first session examination after the date of entry into force of this decree. Preamble
(Omitted). Article 1 Article
1.La application for entry in the special register of practitioners is addressed to the Council of the Bar [and prosecutors] in whose area the applicant has his residence, and must be accompanied by: a) birth certificate b) of the general certificate of criminal record, to date no earlier than three months to show c) documents proving that the conditions referred to in paragraphs 1), 2) and 4) of article. RDL 17 of 27 November 1933, No 1578; d) a certificate [of attorney] who, having admitted the applicant to attend the just study the effects of the practice, it gives attestazione.La application must be signed by an applicant and contain a list of documents it allegati.Il requirement of paragraph 4) of article. RDL 17 of 27 November 1933, No 1578, must be proved by producing the original diploma of laurea.L 'aspirant who intends to engage in advocacy before the Courts under Article. RDL 8 of 27 November 1933, No 1578, must ask the question, to be admitted, and state that is not in any of the cases of incompatibility predicted in art. 3 of the Royal Decree-Law and art. Royal decreto.Il 13 of this diploma is returned to the person after the Council voted on the application for admission. Article 2
Art 2.The exempt from presenting a certificate referred to in subparagraph d) of the previous article: a) those in the application for admission to practice before the Courts under Article. RDL 8 of 27 November 1933, No 1578; b) those who have registered to attend a seminar or other Institute established at a university of the Republic for the purposes of art. 18, first paragraph, of the same decree-law, and produce the relevant certificate. Article 3
Art 3.Il Council must act on applications for registration in special register within thirty days of submission esse.Qualora of the Council has not acted within the prescribed period in the previous paragraph, the interested party, within ten days after the deadline, you may appeal to the Bar Council for lawyers [and prosecutors], which decides on the merits enrollment. In the case of art. 1, the fourth paragraph of this decree, if the application is rejected for reasons relating solely to the admission to practice before the Courts, the applicant may be entered in the register of practitioners for the purpose of the practice of others in a manner determined by the RDL November 27, 1933, No 1578. To that end he must produce the necessary documentazione.Si apply to the decisions on applications for registration of practitioners of the provisions of paragraphs second, third and fifth Article. RDL 31 of 27 November 1933, No 1578, and art. 45 of this Decree. Article 4
Art 4.Il period of practice is computed from the date of the resolution by which the Council has ordered the registration speciale.Per practitioners engaged in the cases before the Courts under Article. RDL 8 of 27 November 1933, No 1578, the period of practice the day on which they have lent giuramento.Nel a failure of practice for a period exceeding six months, the practitioner is erased from the register of practitioners, being ineffective in the period practice already done.
Article 5 Article 5. (Omitted) (1). (1) See, now, Article 10 of Decree 10 April 1990, No 101.
Article 6 Article 6. (Omitted) (1). (1) See, now, Article 10 of Decree 10 April 1990, No 101.
Article 7 Article 7. (Omitted) (1). (1) See, now, Article 10 of Decree 10 April 1990, No 101. Article 8
Art 8.Il practitioner who, after having already completed a period of practice, will be admitted to practice before the Courts under Article. RDL 8 of 27 November 1933, No 1578, to put questions to the Bar Council. Shall apply to applications under the preceding paragraph the provisions of Article. 1, fourth paragraph, and art. 3, first paragraph, second and fourth of this decreto.Ai for recognition of the practice period already completed, the practitioner must demonstrate to the effective conduct of the practice itself, in the manner prescribed by this decree.
Article 9 Article 9. (Omitted). (1) (a) See Article 10 of Decree 10 April 1990, No 101. Article 10
10.Il Art Council of the issue, at their request, a certificate of completion to those who practice the documents they produce in terms of previous articles turn out to have expected the same practice, for the period prescribed with diligence and profitto.Il Council must act on the request of within fifteen days after submission of essa.Avverso the deliberation with which the application is not accepted, the person concerned has the right to complain to the National Council forense.La it to the person entitled to claim even if the Council has not acted within prescritto.In following a complaint from the preceding paragraphs, the National Council, called the documents, decide on the merits of the petition. Article 11 Article 11.I
practitioners [prosecutors] who do the cases before the Courts under Article. RDL 8 of 27 November 1933, No 1578, must have their residence in the district of the Council at which they are registered. Article 12
Article 12.In case of transfer of residence, the practitioner can apply to be entered in the register of practitioners of the district in which it is trasferito.La question is addressed to the Council of the district itself, and must be accompanied by documents specified in a), b), c) of the first paragraph of Article. 1 and of the certificate under Article. 41 and the other documents relating to the conduct of pratica.Nel If the application is accepted, the practitioner is registered with the retirement of the previous iscrizione.Si apply for transfer requests, the provisions of Article. 3. Article 13
Art 13.Ai practitioners [prosecutors] that exercise cases before the Courts under Article. RDL 8 of 27 November 1933, No 1578, the provisions on incompatibility of Art. 3 of the Royal Decree-Law. Article 14
Art 14.La-registration of practitioners is pronounced by the council, office or at the request of the Prosecutor: a) in cases of incompatibility in terms of the previous article: b) in cases referred to in paragraph 2) art. RDL 37, November 27, 1933, No 1578; c) in cases referred to the third paragraph of art. 4 of this Decree; d) the practitioner admitted to practice before the Courts has not been sworn, without justifiable reason, within thirty days of notification of the admission decision, without prejudice to Article. 8, third paragraph, of Royal Decree 27 November 1933, No 1578; e) was not observed when the residence requirement foreseen in art. 11del this decree; f) when writing up his / her registration. The provisions of Article. 37 subsections second, third, fourth, fifth and eighth of the RDL 27 November 1933, No 1578, and art. 45 of this decreto.I practitioners removed from the Special Register are entitled to be reused if they demonstrate, it is the case, the termination of the events that led to the cancellation, and the actual existence of the licenses under which they were originally registered, and are meeting the requirements listed in numbers 1), 2) and 3) art. RDL 17 of 27 November 1933, No 1578.Fermo the provisions of the preceding paragraph, the practitioner has been canceled for reasons related solely to the exercise of advocacy before the Courts can be reinstated in the register for the purpose of exclusion from legal practice with the stesso.Per Reregistrations are applicable provisions of Article. 3, first paragraph, second and fourth of this decree. Article 15
Art 15.Il Minister of Justice shall, by its decree, the days when the written tests will be carried out tests to the profession of [attorney], and the date by which applications must be submitted for admission exams medesimi.Il decree is published in the Official Bulletin of the Ministry and in the Official Gazette at least ninety days before the date fixed for the beginning Evidence scritte.Omissis (1). The subcommittees examined were based at the courts of appeal. (2) By a decree, the Minister of Justice shall determine, by lot, the combinations of candidates identified under 'Article 9, paragraph 3 of the Rules of the decree of the President of the Republic April 10, 1990, No 101, as amended, and the headquarters of the Court of Appeal where the correction takes place written papers. (3) The draw of the preceding paragraph shall be made after grouping the locations of the Court of Appeal that have a number of applications it sufficiently homogeneous to ensure the adequacy between the composition of sub-committees for examination and the number of candidates in each seat (3). The interview took place in the same place of the written test. (3) perform the duties of a Secretary-Registrar of the Court of Appeal appointed by the Chief President (4). In the event scheduled Art. 22 of Decree 27 November 1933, No 1578, as the secretariat shall be performed by one or more judges appointed by the Minister of Justice from among judges assigned to the Ministry (5). (A) Paragraph deleted by Article 2 of Decree 21 May 2003, No 112, enacted into law July 18, 2003, No 180. (2) amended by Section 2 of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180.Comma added by Article 2 of Decree 21 May 2003, No 112, enacted into law July 18, 2003, No 180. (4) See Article 8 of Law March 23, 1940, No 240. (5) See, now, the new text of art. 22 rdl November 27, 1933, No 1578, as replaced by art. 1, l. June 27, 1988, No 242. Article 16
Art 16.Nel deadline, candidates must submit to the subcommittee set up under 'Article 22, paragraph 4 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, 36, and subsequently amended the application for admission to the examinations accompanied by: a) the original diploma of graduation, 2) the certificate under Article. 10 of this Decree, and 3) the receipt of the prescribed fee for admission exams, 4) documents required to authenticate the certificates of training earlier in the list under Article. 23, fourth paragraph, points 1), 2), 3) and 4) of Royal Decree 27 November 1933, No 1578; 5) a certificate on the score obtained in the examination of laurea.I candidates who are entitled to enrollment on the [prosecutors] an unlimited number must produce the relevant documentation. For they are not prescribed by the documents specified in the numbers 4) and 5) of the preceding paragraph (a) (2). Those who do not have the right to register an unlimited number, they must, in the application, make the declaration set out in Article . 23, first paragraph, of the Royal Decree of 27 November 1933 No 1578, and in art. 29 of this Decree, or intends to present a separate document within the prescribed period. (2) Notwithstanding the fourth paragraph of Article 19 of Royal Decree 27 November 1933, No 1578, ratified with amendments by Law January 22, 1934, 36, applicants can submit a certificate referred to in paragraph 2 of the first paragraph of this article after the deadline for the submission of the application, but no later than twenty days prior to the date fixed for the beginning of the written tests. (3) Those who are under the foreseeable conditions in art. 18, second paragraph, of the Royal Decree of 27 November 1933 No 1578, must submit, in place of the document referred to in paragraph 2) the first paragraph of this Article, a certificate of the Administration in which they served, the requirement to prove that the Vice-Pretoria prescritto.Per fees, the certificate will be given the judgments entered, the instructor and other business transacted. Assuming that Article. 22 of Decree 27 November 1933, No 1578, for which the candidate must declare District Court of Appeal, he participates in the examination. (2) (a) amended by Section 1b of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180. (2) See the suspension of the limitation of the posts by virtue of 'art. 1 of D.LG.LGT. September 7, 1944, No 215. (3) Paragraph replaced by art. 3, l. April 20, 1989, No 142. Article 17
Art 17.La jury act without delay on admission applications under the previous article and will compile a list of candidates to esami.L 'list shall be filed at least fifteen days before any testing in the offices of the secretariat of each commissione.A candidate admitted to the examinations is given notice of acceptance, and of the day, time and place where he will present written evidence to support (1). (1) See Article Article 5a of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180.
Article 17 Article 17-Bis
bis.1. The written tests are three. They are carried out on the issues raised by the Minister of Justice and relate to: a) preparing a reasoned opinion, to choose between two matters regulated by the Civil Code, b) draw up a reasoned opinion, to choose between two questions in matters covered by the penal code, c) the establishment of a judicial act which calls for knowledge of substantive law and procedural law, on a question proposed by the candidate of choice in matters of private law, criminal law and the right amministrativo.2. For each component of each written examination boards has 10 merit points, the oral test are open to candidates who have achieved in the three written tests, an overall score of at least 90 points and a minimum score of 30 points for at least two prove.3. The oral examinations are to: a) in the discussion, after a brief explanation of the written tests, short questions relating to five subjects, including at least one of procedural law, chosen in advance by the candidate from among the following: constitutional law, civil law, commercial employment law, criminal law, administrative law, tax law, civil procedure, criminal procedural law, private international law, ecclesiastical law and Community law (1) (2), b) in the demonstration of knowledge of forensic and human rights and duties of the lawyer .4. For the oral exam every member of the commission has 10 merit points for each of the subjects under review (3) .5. Are considered suitable candidates who receive an overall score for the oral exams at least 180 points and a minimum score of 30 points for at least five tests. (4) (1) Letter as amended by art. 4, l. April 20, 1989, No 142. (2) Amended by paragraph 5 of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180. (3) See Article Article 5a of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180. (4) Article added by art. 3, l. June 27, 1988, No 242.
Article 18 Article 18. (Omitted) (1). (Omitted) (1). The theme for each test submitted by the Ministry of Justice in a sealed envelope is delivered by the First President of the Court of Appeal , the President of the jury on the day fixed for the test stessa.Il Chairman of the Committee shall read out after you see the candidates on the integrity of the seals (2). Assuming in art. 22 of Decree 27 November 1933, No 1578, shall apply as regards the order of the tests and the choice of subjects, the provisions of Article. 33, first and second paragraphs of this Decree. (3) (1) repealed by Comma. 9, l. June 27, 1988, No 242. (2) See Article Article 5a of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180. (3) See, now, the new text of art. 22 rdl November 27, 1933, No 1578, as replaced by art. 1, l. June 27, 1988, No 242. Article 19 Article 19.I
candidates must prove their identity before each exam, presenting an identification document that has been issued by a State, or a photo of their recent date stamped by a notary public or authenticated by legalized by the prefectural and municipal (1). (1) See, now, art. 18, l. January 4, 1968, No 15. Article 20
Art 20.Per the performance of each written test shall be allocated seven hours from the time of dictation on the topic. Examinations are not allowed to candidates who present themselves when the dictation was iniziata.I Applicants must use only paper bearing the seal of the commission and the signature of the chairman or a commissioner appointed by him. They can not confer with each other or communicate in any way with strangers. It is excluded from consideration person who violates this prohibition and in general the provisions have been made to ensure the regularity of the examination. During the time that the test must be held in the local examinations at least two members of the committee. Are entrusted with the police exam. Article 21 Article 21.I
candidates can not bring into the place where the examination books, pamphlets, writings and notes of any kind. They can only see the codes, but only commented on the case law, the laws and decrees of the State, and for this purpose have right to send their texts to the jury at least three days before the written tests. The papers presented are verified by the committee (a) (2). They must be excluded from the examination who were in possession of books, pamphlets, writings, notes of any kind prohibited under this article.The 'exclusion is ordered by the commissioners present examination. In case of disagreement between them the decision is left to the president. (1) paragraph as amended by art. 4, l. June 27, 1988, No 242. (2) See Article Article 5a of the DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180.
Article 22 Article 22.1. The candidate will be delivered in each of three days to examine two envelopes of the same color, a big equipped with a coupon serial number, corresponding the serial number of the candidate list of candidates admitted under consideration, and a small card containing a bianco.2. The candidate, having developed the theme, with no subscription or other object to mark, place the sheet or sheets in large envelope, which also makes the small envelope, sealed, containing the white paper where he stated his name, surname, date of birth and residence, and return everything to the president or his / her place. The latter, after verifying that the number of large envelope marked on the coupon matches the serial number of the applicant shall affix his signature across the envelope in the same way that ruins including its flap, and, stuck on margins, the impression in wax of the seal of commissione.3. All envelopes containing the work is entrusted, at the end of each test, the Secretary, after collecting them in one or more parcels signed out by one of the members of the committee, and sealed in wax with the imprint of the seal of the Board .4. In the days immediately following the last test and the time indicated by the Chairman, the Committee in plenary session, in the presence of at least five persons nominated by the President and promptly informed, finds that the seals and signatures, it opens the packages containing envelopes with the work, the three groups on the respective envelopes with coupons the same number and, after removing the coupons, the largest closed in a single envelope, which is affixed a serial number is completed only when the operation of grouping all the envelopes with the work, taking care to stir the envelopes themselves first to oppose the above number progressivo.5. All numbered envelopes duly sealed are then gathered into folds in the same manner indicated in paragraph 2.6. Of all the transactions referred to in the preceding paragraphs, as well as everything that happens during the course of the tests, Minutes shall be signed by the Chairman or his representative and the segretario.7. The review of the work contained in three bags grouped under paragraph 4 is performed simultaneously (1) (1). Article replaced by art. 5, l. June 27, 1988, No 242. Article 23
Art 23.Esaurite the transactions referred to 'Article 22, the chairman of the subcommittee referred to' Article 22, paragraph 4, of Royal Decree Law of 27 November 1933 No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended, shall notify the President of the Court of Appeal which, even through the person in charge, ordered the transfer of the envelopes containing the papers prepared by candidates for the Court of Appeal found under 'Article 15, paragraphs fourth and fifth, with which must be correction, by delivery of the prison inspector specifically delegated by the Head of Department of Prison (1). The President of the Court of Appeal found under 'Article 15, fourth and fifth paragraphs, from which must be the correction, he receives, even through the person in charge, the envelopes containing the papers and ordering the delivery to the chairmen of subcommittees, which attested the proper receipt of the envelopes, have the beginning of the operations audit of the projects contained therein. (1) Upon completion of the transactions processed correction of the President of the Court of Appeal found under ' Article 15, fourth and fifth paragraphs, receives the chairmen of the subcommittees referred to 'Article 22, paragraph 4, of Royal Decree Law of 27 November 1933 No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended, the envelopes containing the papers, the minutes show the correction operations and the opinions expressed, and arrange for the transfer to the Court of Appeal for membership of the candidates, which takes place at the oral examination. The transfer is made in the manner specified in the preceding paragraphs (1). The commission, in the case of division into sub-committees, carries out a review of written work in the shortest time and in any event no later than six months after the conclusion of trials: an extension of that deadline may be placed only once, and in any event not later than ninety days, by order of the President of the Court of Appeal, the circumstances are exceptional and duly recorded. (2) The committee assigns score to each of the three papers grouped according to Article 22, paragraph 4, after reading all three, with the rules laid down in Article 17-bis (1). The committee, if it determines that the work is either entirely or partly copied from another work or any publication, cancel the test. It must also be reversed, however, the examination of candidates who have been made to recognize. (1) Clause 3 of Article circumstances DL May 21, 2003, No 112, enacted into law July 18, 2003, No 180. (2) Paragraph replaced by art. 6, l. June 27, 1988, No 242. Article 24
Art 24.Il vote must be recorded immediately by the Secretary, in all letters in the bottom of the job. The note is signed by the President and segretario.Terminata review of all written work, the Committee shall open the envelopes containing the names of candidates.
Article 25 Article 25. (Omitted) (1). (Omitted) (1). The list of permitted signed by the President and the Secretary, shall be deposited in the offices of the secretariat of the committee. The chairman then determines the date, time and place where the trials will begin orali.L 'interval between the filing of the list of allowed and the start of oral evidence can not be less than one month nor more than two (2). A each of those admitted is notified of the day, time and place where he will take the oral test. (1) repealed by Comma. 9, l. June 27, 1988, No 242. (2) Subsection as amended by art. 7, l. June 27, 1988, No 242. Article 26
Art 26.La oral examination is public and should last no less than 45 and not more than 60 minutes for each candidate (1). After the test each candidate's vote shall be in accordance with the rules set Art. 17-bis and the secretary shall record the results in minutes, separately for each subject (2). Applicants must take the oral test in the order that is set by the President. After the first appeal proceed immediately to the second. Candidates who are not presented to any first or second appeal shall lose the right exam. (1) See, Art. 2, d.lg.lgt. September 7, 1944, No 215. (2) Subsection as amended by art. 8, l. June 27, 1988, No 242.
Article 27 Article 27. (Omitted) (1). (Omitted) (1). For the purposes of establishing the list under Article. RDL 23 of 27 November 1933, No 1578, has compiled a list of all candidates declared fit, which is not entitled to register an unlimited number, with the indication for each of the scores obtained in the written tests and orali.L 'list shall be signed by the President and the Secretary. (1) repealed by Comma. 9, l. June 27, 1988, No 242.
Article 28 Article 28. (Omitted) (1). (1) The provisions of this Article shall be considered out of date, following the entry into force of d.lg.lgt. September 7, 1944, No 215.
Article 29 Article 29. (Omitted) (1). (1) The provisions of this Article shall be considered out of date, following the entry into force of d.lg.lgt. September 7, 1944, No 215.
Article 30
Art 30.Di all operations relating to the conduct of the exams is up a report by the Secretary. The minutes were signed by the President and by the same secretary.
Article 31 Article 31. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27.
Article 32 Article 32. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27.
Article 33 Article 33. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27.
Article 34 Article 34. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27. Article 35
Art 35.Le questions for inclusion in the registers, as well as being accompanied by documents evidencing the requirements established by law, must be signed by the applicants and include a list of all documents allegati.Nelle applications for registration in a register of lawyers [or a register of attorneys] shall declare the candidates, their honor, which are not found in any of the cases of incompatibility laid down by Royal Decree of 27 November 1933 No 1578. Those requests must also be attached to the receipt of fee paid for the works of university educational assistance under Article. 190 of the single text approved by Royal Decree 31 August 1933, No 1592.
Article 36 Article 36. (Omitted) (1). (1) The provisions of this Article shall be considered out of date, following the entry into force of d.lg.lgt. September 7, 1944, No 215.
Article 37 Article 37. (Omitted) (1). (1) The provisions referred to in this article are now obsolete following the entry into force of Law February 24, 1997, No 27, suppression of the register of solicitors. Article 38
Art 38.Coloro who aspire to membership [in the register of attorneys or] in a register of lawyers to terms, respectively, of the Articles. 26, first paragraph b) and c) (1), and 30 of Royal Decree 27 November 1933, No 1578, must prove that they belong to one of the categories mentioned in these articles, by Administration certificate authority. (1) now also under subparagraphs d) and e), added to the above paragraph from 'art. 1 No 8, l. March 23, 1940, No 254. Article 39
Art 39.Gli lawyers who aspire to enrollment in special art. RDL 33, November 27, 1933, No 1578, must unite to demand a certificate from the President of the Bar, which shows the current enrollment on the seniority of the lawyers it with the declaration that the candidate has actually been practicing for the period prescribed (1). Omission (2). In the cases referred to the third paragraph of Article. 33 and the second paragraph art. RDL 34, November 27, 1933, No 1578, the candidates must produce a certificate from the competent government which shows that they belong to a category of objects under the same third paragraph of Article. And in the first paragraph of Article 33. 34. (1) Subsection replaced by Art. 5 d.lg.cps May 28, 1947, No 597. (1) Paragraph deleted by art. 5 d.lg.cps May 28, 1947, No 597. Article 40
Art 40.Coloro aspiring special enrollment under Article. 34, first paragraph, of the Royal Decree of 27 November 1933 No 1578, must include the following: a) a certificate from the competent administration, which shows that they belong to a the groups mentioned in that article, b) a certificate from the competent President of the Council of the Bar, which shows their current enrollment in an accredited lawyers. Article 41
Art 41.Per transfers scheduled in the Articles. 25 and 32 of Royal Decree 27 November 1933, No 1578, the application must be accompanied by a certificate from the Chairman of the order of the district in which the person belongs to, which shows that there is no impediment to the transfer. Article 42
Art 42.Le meetings of the Bar Council and those of local councils to deal with business referrals to them in terms of the RDL 27 November 1933, No 1578, are not pubbliche.Per each meeting is drawn up the minutes, which is signed by the President and the resolutions segretario.I devices must be reported in full in order verbale.Presso local councils, the President shall be replaced in cases of absence or impediment, by the eldest member. In the sessions of the Councils as the secretariat shall be exercised by the members appointed under Article. 75 of this Decree. Article 43
Art 43.Per the validity of the resolutions of the Bar Council action is required at least nine members in case of an equality of votes the vote of the President (1). For the validity of the proceedings in matters of jurisdiction of the Bar Council premises in terms of the RDL 27 November 1933, No 1578, requires the intervention of no less than half the total number of components (2). Decisions are taken by majority of votes in the event of a tie vote of the President. (1) See, now, art. 22, d.lg.lgt. November 23, 1944, No 382. (2) See, now, art. 16, d.lg.lgt. November 23, 1944, No 382. Article 44
Art 44.Le deliberations of the National Council and local councils of those are signed by the President and Secretary and are published by the deposit of the original offices of the secretariat. Article 45
Art 45.Nei cases provided for in Articles. 24, fourth paragraph, 31, third paragraph, 37, second paragraph, 42, third paragraph, 43, second paragraph, of the Royal Decree of 27 November 1933 No 1578, the person must be given a period of not less than ten days to submit their comments about the facts (1). The term may be extended, upon request, by order of the President of the Bar Council. L 'question, if it so request, shall be allowed to personally present his explanations and to present witnesses. He may be assisted by counsel. (1) Paragraph replaced by art. 2, l. March 23, 1940, No 254. Article 46
Art 46.Alle communications to be done in terms of the RDL 27 November 1933, No 1578, and this decree, a decision by the office of secretary by registered letter with acknowledgment of ritorno.Le notifications are performed by these offices through a bailiff. Article 47
Art 47.Il President of the Bar should be notified immediately to the person and the prosecutor of disciplinary proceedings have been initiated under Article. RDL 38, November 27, 1933, No 1578. The notification must contain the summary statement of the facts for which the procedure was the same iniziato.Lo President, or a member of the Board appointed by him, then collect the relevant information and documents it considers necessary for the procedure and deductions that are received by the public prosecutor dall'incolpato and sets out which witnesses are relevant to the investigation of the facts and provide any other indagine.Il then the President shall appoint rapporteur from among members of the Board, and set the date for the session proceedings and ordered the summons dell'incolpato, with the observance of the prescribed period in art. RDL 45, November 27, 1933, No 1578. Article 48
Art 48.La all'incolpato citation shall be served and the public prosecutor. This must include: 1) the general dell'incolpato 2) the detailed statement of objections, and 3) state the place, day and time of appearance, with a warning that the accused may be assisted by counsel, and that in case of failure to appear, the trial will be conducted in his absence, 4) the list of witnesses to be presented in court, 5) the period within which the accused, his counsel and the prosecutor will examine the documents of the proceedings suggest deductions and state witnesses; 6) the date and signature of Presidente.Ordinata the service of the summons, the President shall also the summoning of witnesses. Article 49
Art 49.L 'and accused the prosecutor, should lead witnesses in terms of n. 5 of the previous Article, shall expose briefly the circumstances on which they intend that witnesses are esaminati.Il Chairman of the Board order, order the summoning of witnesses indicati.Qualora is not possible to provide promptly to the summons of the witnesses indicated, the President orders the postponement of the trial to another sitting next , giving immediate notice all'incolpato, the public prosecutor and the witnesses already mentioned. Article 50
Art 50.Nella session established, the speaker presents the facts and findings of the procedure. It is then interrogated the accused, the witnesses are examined and the defender is allowed to exhibit his deduzioni.L 'the accused shall have the last word, if the accused does not domanda.Qualora present or justify such failure, proceed in his absence. Article 51
Art 51.Chiusa the discussion, the Council acts outside the presence of difensore.Si dell'incolpato and observe, as applicable, the provisions of Article. 473 of the Code of penale.La decision is made by the rapporteur and shall include a statement of facts, the grounds on which it is based, the device, indicating the day, month and year in which it is pronounced and subscription the President and the Secretary. It is published by the deposit of the original offices of the secretariat. Article 52
Art 52.Nei proceedings taking place before the Council of the lawyers [and prosecutors], in the case provided for in art. 38, third paragraph, of Royal Decree Law of 27 November 1933 No 1578 (a) shall apply to the foregoing provisions of this Chapter. (2) The same shall apply in proceedings before the Bar Council, in the case provided for in art. 54, No 2, the same RDL November 27, 1933, No 1578, observed the rules for decision-making art. 64 of this Decree. (1) Now the fourth paragraph, after replacing the original second paragraph of art. 38 rdl November 27, 1933, No 1578 with two paragraphs, under Article. 1 No 15, l. March 23, 1940, No 254. (2) See, now, the provisions of d.lg.cps May 28, 1947, No 597. Article 53
Art 53.La disqualification of members of the Council be given until the day before the date set for trial. The document in question is presented in the offices of the Council Secretariat and must contain, under penalty of inadmissibility, the grounds on which the objection is based, and be signed by the person or his attorney speciale.La have no objection abstaining acts anteriormente.Le effect on appeals against decisions relating to recusal or abstention, shall not stay the course of disciplinary proceedings. Article 54
Art 54.La informed of the reasons for objecting to the Board member, when, for effect of this, except the members objected, the other to reach the required number of decidere.Prima the Council will decide the notice of objection to the other parties concerned, invite the members objected to without delay to provide their comments on the grounds of the challenge, and conduct inquiries it deems occorrenti.Le other interested parties may submit their deductions within five days of notification. Article 55
Art 55.Nel case provided for in art. 49, second paragraph, of the Royal Decree of 27 November 1933 No 1578, the application is made in the manner and terms set out in the first paragraph of art. Decreto.Il 53 of this action is communicated to other interested parties, by the Council, and members objected to without delay are invited to provide their comments on the challenge. Other interested parties may submit their deductions within five days of comunicazione.Il action, together with the pleadings and the inferences of the preceding paragraph, it is then sent to the National Council forense.Il National Council or the Council 's Order background investigation they judge necessary, decide as soon as possible, and if the objection to admit, continue the procedure up to the definition of esso.Si apply to the proceedings, the rules of Articles. 47, 48, 49, 50, 51 and 52 of this decreto.Qualora it be dismissed or the rejections are admitted in part so that it is lacking in the relevant Council the number of members required to decide, the documents are immediately sent back to the Board for the further course of procedimento.Nel case of abstentions, as a result of which is lacking in Council the number of components required to decide, the proceeding shall be forwarded to the National Council. Of abstentions and the transmission of documents shall be made immediately communicated to the parties concerned, which have right to send, within ten days of the Appeal, the Council nazionale.Il National Council or the Bar Council, if they recognize the pleas of abstentions, continue in the disciplinary proceedings until the definition of it, with the observance of the articles listed in the previous paragraph quinto.Qualora the National Council or the Bar Council to recognize the unfounded reasons for abstentions or admit in part so that it will not missing in the relevant Council the number of components required to decide, remit the case to the Board, for the further course of procedimento.Può be entitled to abstain for reasons of convenience, not covered by law as grounds for recusal. Article 56
Art 56.Nel case provided for in art. 49, third paragraph, of Royal Decree 27 November 1933, No 1578, each of the Councils among them has led to a conflict of jurisdiction, it shall forward the pleadings to the National Council forense.Della transmission of documents shall immediately be communicated to the parties concerned, which may forward their deductions to the Bar Council within ten days comunicazione.In by following the decision of the Bar Council, the documents are submitted to the Council that the order has been accepted competente.L 's appeal against the decision of the Bar Council does not suspend the course of disciplinary proceedings. Article 57
Art 57.Sono subject to disciplinary proceedings practitioners who are guilty of incorrect facts in the dignity and the dignity of the legal profession, or exercise their legal terms of Article. RDL 8 of 27 November 1933, No 1578, of abuse or misconduct in the exercise of patronage itself.
Art 58.Si apply Article 58 in respect of the discipline of practitioners, the provisions of Title IV of the Royal Decree of 27 November 1933 No 1578, and those of Chapters I and II of this titolo.La suspension due to the discontinuation of the practice. During the suspension period the offender is deprived of the effect of radiation patrocinio.Per the offender can not be entered in the register of practitioners, without prejudice to art. RDL 47, November 27, 1933, No 1578, and the first paragraph of this article. Article 59
Art 59.Il use of the Bar Council is presented in the offices of the council that issued the ruling, and shall include the specification of the grounds on which it is based, and be accompanied by a copy of the ruling itself, notified ricorrente.Agli effects to the commencement of the period for appeal expected in art. 50, third paragraph, RDL November 27, 1933, No 1578, it has regard to the date on which the notification was issued the contested decision to the professional concerned and, in the case of most professionals, the date of the notificazione.L 'office of the Council will immediately, in copy to the other parties Appeal has been presented under the first paragraph of this article. The public prosecutor is notified of the date of notification of the contested measure interessati.Il appeal to professionals and other pleadings are filed in the offices of the Council for the period of ten days from the expiration of the one established for use. In the case of Article. 50, third paragraph, RDL November 27, 1933, No 1578, the term of the deposit following the expiry of the one established for the use incidentale.Fino when the acts are secured interested parties may view it, propose deductions and produce documenti.Il appeal and other documents and the submissions and documents; in the previous paragraph are then forwarded to the Bar Council. Article 60
Art 60.La secretary of the Bar Council, upon receipt of the documents referred to in the preceding article, shall inform the Public Prosecutor at the Court of Cassation of the Republic, which shall arrange for the refund within fifteen days of receipt . At the same time the same voice warns the applicant and other interested parties that the documents remain deposited in the offices of the National Council for the period of ten days from the day following that on which the prosecution must carry out the purposes of communication restituzione.Ai predicted in the previous paragraph, like any other, and notifications required, the parties concerned must promptly give an address in Rome at a person or office and give notice to the secretary of the National Council. If no address for service, communications and notifications are made by deposit in the Council Secretariat nazionale.Nel proceedings before the National Council of the professional in question may be assisted by a lawyer in the special register referred to in Article. RDL 33, November 27, 1933, No 1578, equipped with a special mandate. Article 61
Art 61.Durante the period referred to in the second paragraph of the preceding Article, the applicant, his counsel and other parties may inspect the records, to propose deductions and produce documenti.Uguale right rests with the prosecutor at the Court of cassazione.Il President of the Bar Council then appoints a rapporteur from among the members of the Board and fix the date of the session for discussion of ricorso.La discuss the appeal can not take place earlier than ten days after the deadline set out in that second paragraph of Article precedente.Del measure with which the session was fixed immediately be notified to the applicant and other interested parties with details of the day and time when the session will take place. Article 62
Art 62.La discussion of the action takes place with the intervention of the Public Prosecutor at the Supreme Court when the action was brought by the prosecutor or, if proposed by the professional, involves a measure of removal from the state or Let there be cross-appeal of the Public Ministero.L 'intervention of the prosecutor is also required in the case of appeal against the Resolution provides in Articles . RDL 35 and 47, November 27, 1933, No 1578.In any case, the prosecution has the right to intervene, without prejudice to art. 65 of this Decree. Article 63
Art 63.Nel day appointed the adviser in charge shall report on the action. So the professional in question is allowed to exhibit his deductions personally or through his legal counsel and the prosecutor, when it is spoken, carries out its conclusioni.La determination of the appeal is decided outside the presence dell'incolpato and defender. The prosecutor assists with the decision. (1) are observed, as applicable, the provisions of Article. 473 of the Code of penale.È in the National Council of faculty, at the request of the parties or office, any further investigation deemed necessary to establish the facts. (1) The Constitutional Court ruling by February 17, 1972 No 27, has declared the unconstitutionality of this subparagraph, in so far provides that the prosecutor assists with the decision. Article 64
Art 64.Le Council decisions National Bar are spoken in the name of the Italian people, are prepared by the rapporteur and shall specify the subjects of the application, the applicant's allegations, the conclusions of the prosecutor, when it is tripped, the grounds on which they are based, the device , indicate the date, month and year in which they are uttered, the signature of the President and Secretary (1). They shall be published in the original filing by the Council Secretariat. And a copy will be forwarded immediately to the Attorney General at the Court of Cassation, which shall be notified of the dates which have been carried out in the notification of the decision to other interested parties (1). Paragraph as amended by art. 6 d.lg.cps June 19, 1946, No 1. Article 65
Art 65.Nei proceedings in front of the Bar Council in the cases under Articles. 49, second paragraph, 54, No 2 of RDL November 27, 1933, No 1578, and 52, second paragraph, and 55 of this Decree is speaking at the meeting, the Public Prosecutor at the Court of Cassation. Article 66
Art 66.Il use of the Joint Sections of the Supreme Court should be notified, by bailiff, by the applicant to other interested parties within the time allowed for use by art. RDL 56, November 27, 1933, No 1578.Nei fifteen days after notification to the application must be presented together at the Court at the time of notification and the original copy of the contested decision was notified to ricorrente.Il application is signed by the applicant or his attorney provided with a special mandate, and must contain a statement of facts and the grounds on which it relies, as well as the address for service in Rome, indicating the person or department at which the election is fatta.Le other interested parties can submit their observations within a period of twenty days the notifications referred to in the first paragraph of this article. Article 67
67.La Art Registry of the Supreme Court shall, without delay copies of the application the Attorney General at the Court itself, and requires the proceeding to the secretariat of the National Council, which will ensure its immediate trasmissione.Pervenuti acts and after the deadlines set in the previous article, the first President of the Supreme Court fixed the 'hearing at which the action must be discussed, appoint a rapporteur and acts are disclosed Ministero.Il provision indicating the hearing to discuss the appeal is communicated to the parties at least fifteen days before. The person at the hearing established, shall be entitled to opportunity to defend himself personally or through an attorney in writing in the special art. RDL 33 of 27 November 1933, No 1578, equipped with a mandate speciale.La Court decides after hearing the Opinion of the Public Ministero.Si observe, for the remainder of the provisions, as applicable, of the proceedings before the Court of Final Appeal in civil matters. Article 68
Art 68.Oltre cases identified in the second and third paragraphs of Article. RDL 56, November 27, 1933, No 1578, the Public Prosecutor at the Supreme Court has the right to use the combined sections of the Supreme Court of incompetence, abuse of power and violation of the law against any decision of the Bar Council, which has not been challenged by other interested parties, or both been challenged on grounds other than the Attorney General dedurre.Il will appeal expected in the previous paragraph must be lodged and notified to the parties concerned within thirty days from the expiration of the period in art. 56, third paragraph, of Royal Decree 27 November 1933, No 1578. This period is counted from the date of the last notification to interested parties of the decision of the Council remaining nazionale.Nel observed, as applicable, the provisions of Articles. 66 and 67 of this Decree. Article 69
69.Gli Art books for lawyers [and those of the prosecutors] must contain the list of members in alphabetical order, with an indication of their surname, name [and paternity] (1), as well as academic and honors and decorations, each of the registered office, date of registration and that of the oath and the court before which the oath was prestato.Nell 'special list referred to in the fourth paragraph of Article. RDL 3 of 27 November 1933, No 1578, should be disclosed to any professional body to which the legal department the same professional appartiene.Sono listed in a special register [prosecutors] have been appointed substitutes for other [attorneys] in terms of Article. 9 of Royal Decree-Law. The log must be recorded for each of the registered professional who has nominato.L 'anticipated special album art. RDL 33, November 27, 1933, No 1578, must contain the full name [and paternity] (1) of the members, the date of registration and an indication of the register of lawyers to whom the member appartiene.L 'special register is published at the beginning of each year in Official Gazette of the Ministry of Justice. In the same Bulletin is published subsequent changes. (1) A claim of paternity should be omitted, pursuant to that established by l. October 31, 1955, No 1064. Article 70
Art 70.Il special register of practitioners must include, besides indicating the name, [paternity] (1), date and place of birth and place of residence of the member, the indication date of graduation from the University and who was conferita.Nel register shall be recorded the date of the oath to those who have served under Article. RDL 8 of 27 November 1933, No 1578.Il register before use, each is numbered and signed by the Chairman of the order sheet. Entries are made in the register in chronological order according to the date of the Resolution provides in art. 3 of this decreto.I practitioners admitted to practice before the Courts, who have taken the oath under Article. RDL 8 of 27 November 1933, No 1578, must be recorded in a separate list, attached to the special register, and numbered signed under the third paragraph of this article. (1) A claim of paternity should be omitted, because what is established by l. October 31, 1955, No 1064.
Article 71 Article 71. (Omitted). (1) (a) See, now, Article 10 of Decree 10 April 1990, No 101. Article 72
Art 72.Per be admitted to the oath referred to in Articles. 8:12 RDL of November 27, 1933, No 1578, interested parties must present to the court before whom the oath is to be provided a certificate from the President of the Bar, which shows their enrollment on or in the register of practitioners. The court gives notice without delay the oath to the President of the Council officer responsible. Article 73
Art 73.Nei cases referred. RDL 66, November 27, 1933, No 1578, the Bar Council, before ordering, as stated in the second paragraph of that article, the filing of deeds and documents, may take any measure it deems opportuno.Qualora the urgent need for the continuation of the proceedings or other circumstances make this necessary The Council may permit such documents and records to be withdrawn against the release of a detailed receipt of the new [prosecutor or] lawyer, who takes personal commitment to return them to the Council as soon as it is required. [The prosecutor o] the lawyer which has demanded the return of records and documents may be authorized by the Council to be issued by the offices of the Council, at the expense of the customer, a precise description of the acts and documents themselves, with record spending on each of them and a full copy of these documents at the discretion of the President of the Council need to assess professional work provided.
Article 74 Article 74. (Omitted) (1). (1) The provisions of this Article shall be considered out of date due as provided in Art. 8, Presidential Decree 10 April 1990, No 101. Article 75
75.Presso the Art Council of the local offices of the secretariat with regard to the functions referred to the councils themselves with RDL November 27, 1933, No 1578, and with this decree, are directed by a member of the Board appointed by the President. Article 76
Art 76.Gli secretariats of Articles 74 and 75 take care of communications and service of documents and perform all other duties pertaining to them in accordance with RDL November 27, 1933, No 1578, and this decree, according to the instructions that will be given respectively by the President of the National Council and the President of the local council. Article 77
Art 77.Negli secretarial offices of the Bar Council and those of the local councils, are set up: a) a register in which shall be presented in order of date, all minutes of meetings. Each report must be signed by the President and Secretary; b) a general register in which must be recorded in order of date, all the acts which come to the National Council or the Council locale.Gli Acts relating to each deal came together in separate files, each of which is scored against by a proper number and reported in a separate section.
Article 78 Article 78. (Omitted) (1). (1) The provisions of this Article shall be without legal force as the articles mentioned herein are deemed repealed, because the reference to the Fascist unions, suppressed by d.lg.lgt. November 23 1944, no 369. Article 79
Art 79.Ai members of the Bar Council and members of committees for examination by the lawyer [and prosecutor], that do not belong to government departments shall be paid in addition to any compensation for travel and subsistence belonging to officials of the fifth degree, an attendance of 1,000 lire for every day of meeting. To those who are state officials, as well as any travel and subsistence allowance corresponding to the degree will be awarded an attendance of 1,000 lire for every day of meeting (1). The attendance fees are subject to a reduction of 12% , pursuant to Royal Decree 20 November 1930, No 1491 (2). (1) The amount the attendance was so high dpr January 11, 1956, No 5. (2) Directors' fees and remuneration committee of the DPR Jan. 11, 1956, No Article 5 have been deleted anyway. 2, l. December 27, 1973, No 851.
Article 80 Article 80. (Omitted) (1). (1) The provisions of this Article shall be considered obsolete following the entry into force of d.lg.lgt. November 23, 1944, No 382.
Article 81 Article 81. (Omitted) (1). (1) The provisions of this Article shall be considered obsolete following the entry into force of d.lg.lgt. November 23, 1944, No 382.
Article 82 Article 82. [Prosecutors], which exert their office in a case that takes place outside the jurisdiction of the tribunal to which they are assigned, shall, when established in the trial itself, give an address at the place where the seat of the court before which the trial is the absence corso.In the address for service, this means service at the Registry of that court. Article 83
Art 83.Sono repealed the provisions of the first and second paragraphs of Article. Royal Decree 18 of September 28, 1933, No 1282. However, [the prosecutors] are currently admitted to practice before the courts established by the DL, and belonging to the district of another district court of appeal may continue to perform their work at the same courts in the affairs promoted, with their intervention, to court before 1 February 1934. Article 84
Art 84.È also be subject to issue, under Article. Royal Decree 101 of 27 November 1933, No 1578, additional rules are necessary to integrate, implement and coordinate with other leggi.Il this decree will be implemented simultaneously with the entry into force of the Royal Decree of 27 November 1933, No 1578.
