DECREE OF THE PRESIDENT OF THE REPUBLIC April 10, 1990, No 101 (OJ No 102 of 05.04.1990) REGULATION ON THE PRACTICE OF FORENSIC EXAMINATION FOR ADMISSION solicitor.
Preamble
THE PRESIDENT OF THE REPUBLIC
VISA L 'ART. LAW OF THE ROYAL DECREE 18-November 27, 1933, No. 1578, ratified with amendments by Law 22 January 1934, No. 36;
VISA L 'ART. 2 of the Law June 27, 1988, No. 242;
VISA L 'ART. 17 SECOND PARAGRAPH OF THE LAW August 23, 1988, No. 400;
HEARD THE NATIONAL COUNCIL OF FORENSIC;
HEARING THE OPINION OF THE COUNCIL OF STATE, issued in GENERAL November 16, 1989;
VIEW THE PROCEEDINGS OF THE COUNCIL OF MINISTERS, at its meeting on March 23, 1990;
ON THE PROPOSAL OF THE MINISTER OF JUSTICE;
ADOPTED THIS REGULATION: Article 1
.
a mode of practice. The law practice must be conducted with diligence, care, dignity, loyalty and confidentiality.
2. It takes place primarily at the office and under the supervision of a solicitor and involves the completion of activities in the profession.
3. The frequency of the study can be replaced, for a period not exceeding one year, the frequency of one of the courses provided by post-graduate students' art. 18 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, and governed in accordance with art. 2.
4. Is integration of forensic practice, contextual to its normal course in the manner of this Article, the frequency of vocational training schools established in accordance with art. 3.
Article 2. Postgraduate courses
1. The post-graduate courses in art. 1, third paragraph, they address theoretical and practical and its programs must comply with the provisions of art. 3, third paragraph.
Article 3. Training schools
1. The councils may establish vocational training schools whose attendance, pursuant to art. 1, fourth paragraph, it integrates the forensic practice. The councils of the district court of appeal may establish, of understanding, training uniform for all or part of orders of each district.
2. Courses at schools in the first paragraph are required as part of a two-year period and must have an address theoretical and practical, which includes the study of ethics and legislation on social security lawyer.
3. The course syllabus must contain an adequate number of exercises interdisciplinary examination of all issues listed in the 'art. 3 of Act June 27, 1988, No 242, conducted by seasoned professionals in specific operational areas and significant in the study, analysis and treatment by practitioners under the guidance of teachers of practical cases in civil, criminal and administrative. The course syllabus must be previously approved by the National Bar Council.
Article 4. Compliance councils of
1. The councils ensure and promote the availability of members to receive in their studies, law graduates wishing to pursue the forensic training and provide appropriate guidance to applicants who request them.
2. The lawyers and attorneys qualified for at least two years are required, within the limits of its ability, to welcome in their study, the practitioners, educating them and preparing them to practice, including its compliance with the principles of ethics for lawyers.
3 . It is the responsibility of councils monitor the agreed course of training by practicing attorneys in the manner prescribed by this Regulation, and the means deemed appropriate.
Article 5.
a special register. The special register of practitioners, referred to 'art. Royal Decree Law 8 of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, contains, in addition to the full identity of the members and the date of commencement of practice, an indication of all transfers, interruptions, deletions, and vocational studies in which the practice is exercised, with any changes.
2. The special registration measure is immediately communicated by the council, even at the professional whose study the practice must be carried out.
3. The period of work done in the studio of a professional than was previously indicated to the council, without the prior written notice to the board, is not found to be effective for the completion of the process itself and the issue of the certificate under 's art. 10 of Royal Decree of 22 January 1934, No 37.
Article 6. Booklet for the practice
1. Practitioners are not enabled prosecutors to plead before the magistrate must hold a special booklet, issued numbered, previously endorsed by the President of the Bar or his delegate, which must record:
A) hearings where the practitioner has assisted with the names of the role and number of processes; assistance can not be less than twenty hearings for each semester, with the exception of those covered by mere reference;
B) the pleadings or court related activities most relevant to the preparation and drafting that have participated, with an indication of their subject;
C) the legal issues of interest to the treatment of which have assisted or cooperated.
2. The owner of the practice must be presented to the Board order at the end of each semester, with the notation of professional practice at the study of which has been carried out confirming the accuracy of the information contained herein.
3. The Bar Council has the power to determine the veracity of the records contained in the booklet in the manner deemed most appropriate.
Section 7. Performed after the first year of practice
1. After the first year of practice, practitioners should explain to the committee of prosecutors, in a special report, the activities listed in the booklet of the practical and ethical nature of the problems also dealt with during that period.
2. At the end of which the first paragraph, practitioners must deposit with the Board order the book of practice which they held.
3. The Bar Council shall carry out appropriate investigations on the statements of the practitioner and has the power to invite him to interview for any further guidance on the completion of training.
Article 8. Practitioners entitled to practice
1. Practitioners attorneys entitled to practice before the magistrate pursuant to 'art. A law July 24, 1985, No 406, where, after the first year of training, they wanted to continue the practice outside the office of a prosecutor must:
A) communicate their understanding with the association in the special register which shall be entered;
B) hold and compile the book of practice, in art. 6 of this Regulation, the records concerning the activity;
C) treat at least twenty-five new cases per year, including at least five criminal offenses, including defenders of trust, or five cases civil actions;
D) present at the end of each semester the book of practice with the association, which can determine the veracity of the records in the manner deemed most appropriate.
Article 9. Certificate of completion of the practice
1. The certificate of practical tasks set out in 'art. 10 of Royal Decree of 22 January 1934, No 37, which is issued by the Bar Council performed the expected findings on the last full semester of activity of the practitioner attorney.
2. In case of transfer of the practitioner, the board sending the order certifying the case on previous semesters and assessment, where the required two years of practice is complete, issue the certificate of practical tasks.
3. The certificate referred to in the first and second paragraphs of the appellate court determines at which the student can take exams of solicitor.
Article 10. Replacing the earlier rules
1. The rules provided for in this Regulation replace those laid down in Articles 5, 6, 7, 9 and 71 of Royal Decree of 22 January 1934, No 37, relating to the the conduct of forensic practice.
Article 11. First application
1. For practicing attorneys, on the date of entry into force of this Regulation, must be included in the special register and have completed a period of practice below the prescribed period, the provisions of this Regulation shall apply only to the remainder.
2. If the required two years of practice has been completed, the date referred to in the first paragraph, provisions are already in vigore.Il This decree, bearing the seal of the state, will be included in the official collection of normative acts of the Italian republic. It is mandatory for all to observe and enforce them.
Given in Rome, Addi 1990CossigaAndreotti April 10, Prime MinistriVassalli, Minister of GiustiziaVisto, The Keeper: VassalliRegistrato The Court of Auditors on 27 April 1990Atti Government, Register No. 80, Sheet No 14
Preamble
THE PRESIDENT OF THE REPUBLIC
VISA L 'ART. LAW OF THE ROYAL DECREE 18-November 27, 1933, No. 1578, ratified with amendments by Law 22 January 1934, No. 36;
VISA L 'ART. 2 of the Law June 27, 1988, No. 242;
VISA L 'ART. 17 SECOND PARAGRAPH OF THE LAW August 23, 1988, No. 400;
HEARD THE NATIONAL COUNCIL OF FORENSIC;
HEARING THE OPINION OF THE COUNCIL OF STATE, issued in GENERAL November 16, 1989;
VIEW THE PROCEEDINGS OF THE COUNCIL OF MINISTERS, at its meeting on March 23, 1990;
ON THE PROPOSAL OF THE MINISTER OF JUSTICE;
ADOPTED THIS REGULATION: Article 1
.
a mode of practice. The law practice must be conducted with diligence, care, dignity, loyalty and confidentiality.
2. It takes place primarily at the office and under the supervision of a solicitor and involves the completion of activities in the profession.
3. The frequency of the study can be replaced, for a period not exceeding one year, the frequency of one of the courses provided by post-graduate students' art. 18 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, and governed in accordance with art. 2.
4. Is integration of forensic practice, contextual to its normal course in the manner of this Article, the frequency of vocational training schools established in accordance with art. 3.
Article 2. Postgraduate courses
1. The post-graduate courses in art. 1, third paragraph, they address theoretical and practical and its programs must comply with the provisions of art. 3, third paragraph.
Article 3. Training schools
1. The councils may establish vocational training schools whose attendance, pursuant to art. 1, fourth paragraph, it integrates the forensic practice. The councils of the district court of appeal may establish, of understanding, training uniform for all or part of orders of each district.
2. Courses at schools in the first paragraph are required as part of a two-year period and must have an address theoretical and practical, which includes the study of ethics and legislation on social security lawyer.
3. The course syllabus must contain an adequate number of exercises interdisciplinary examination of all issues listed in the 'art. 3 of Act June 27, 1988, No 242, conducted by seasoned professionals in specific operational areas and significant in the study, analysis and treatment by practitioners under the guidance of teachers of practical cases in civil, criminal and administrative. The course syllabus must be previously approved by the National Bar Council.
Article 4. Compliance councils of
1. The councils ensure and promote the availability of members to receive in their studies, law graduates wishing to pursue the forensic training and provide appropriate guidance to applicants who request them.
2. The lawyers and attorneys qualified for at least two years are required, within the limits of its ability, to welcome in their study, the practitioners, educating them and preparing them to practice, including its compliance with the principles of ethics for lawyers.
3 . It is the responsibility of councils monitor the agreed course of training by practicing attorneys in the manner prescribed by this Regulation, and the means deemed appropriate.
Article 5.
a special register. The special register of practitioners, referred to 'art. Royal Decree Law 8 of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, contains, in addition to the full identity of the members and the date of commencement of practice, an indication of all transfers, interruptions, deletions, and vocational studies in which the practice is exercised, with any changes.
2. The special registration measure is immediately communicated by the council, even at the professional whose study the practice must be carried out.
3. The period of work done in the studio of a professional than was previously indicated to the council, without the prior written notice to the board, is not found to be effective for the completion of the process itself and the issue of the certificate under 's art. 10 of Royal Decree of 22 January 1934, No 37.
Article 6. Booklet for the practice
1. Practitioners are not enabled prosecutors to plead before the magistrate must hold a special booklet, issued numbered, previously endorsed by the President of the Bar or his delegate, which must record:
A) hearings where the practitioner has assisted with the names of the role and number of processes; assistance can not be less than twenty hearings for each semester, with the exception of those covered by mere reference;
B) the pleadings or court related activities most relevant to the preparation and drafting that have participated, with an indication of their subject;
C) the legal issues of interest to the treatment of which have assisted or cooperated.
2. The owner of the practice must be presented to the Board order at the end of each semester, with the notation of professional practice at the study of which has been carried out confirming the accuracy of the information contained herein.
3. The Bar Council has the power to determine the veracity of the records contained in the booklet in the manner deemed most appropriate.
Section 7. Performed after the first year of practice
1. After the first year of practice, practitioners should explain to the committee of prosecutors, in a special report, the activities listed in the booklet of the practical and ethical nature of the problems also dealt with during that period.
2. At the end of which the first paragraph, practitioners must deposit with the Board order the book of practice which they held.
3. The Bar Council shall carry out appropriate investigations on the statements of the practitioner and has the power to invite him to interview for any further guidance on the completion of training.
Article 8. Practitioners entitled to practice
1. Practitioners attorneys entitled to practice before the magistrate pursuant to 'art. A law July 24, 1985, No 406, where, after the first year of training, they wanted to continue the practice outside the office of a prosecutor must:
A) communicate their understanding with the association in the special register which shall be entered;
B) hold and compile the book of practice, in art. 6 of this Regulation, the records concerning the activity;
C) treat at least twenty-five new cases per year, including at least five criminal offenses, including defenders of trust, or five cases civil actions;
D) present at the end of each semester the book of practice with the association, which can determine the veracity of the records in the manner deemed most appropriate.
Article 9. Certificate of completion of the practice
1. The certificate of practical tasks set out in 'art. 10 of Royal Decree of 22 January 1934, No 37, which is issued by the Bar Council performed the expected findings on the last full semester of activity of the practitioner attorney.
2. In case of transfer of the practitioner, the board sending the order certifying the case on previous semesters and assessment, where the required two years of practice is complete, issue the certificate of practical tasks.
3. The certificate referred to in the first and second paragraphs of the appellate court determines at which the student can take exams of solicitor.
Article 10. Replacing the earlier rules
1. The rules provided for in this Regulation replace those laid down in Articles 5, 6, 7, 9 and 71 of Royal Decree of 22 January 1934, No 37, relating to the the conduct of forensic practice.
Article 11. First application
1. For practicing attorneys, on the date of entry into force of this Regulation, must be included in the special register and have completed a period of practice below the prescribed period, the provisions of this Regulation shall apply only to the remainder.
2. If the required two years of practice has been completed, the date referred to in the first paragraph, provisions are already in vigore.Il This decree, bearing the seal of the state, will be included in the official collection of normative acts of the Italian republic. It is mandatory for all to observe and enforce them.
Given in Rome, Addi 1990CossigaAndreotti April 10, Prime MinistriVassalli, Minister of GiustiziaVisto, The Keeper: VassalliRegistrato The Court of Auditors on 27 April 1990Atti Government, Register No. 80, Sheet No 14
0 comments:
Post a Comment