Monday, March 30, 2009

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L. March 23, 1940, No 254

Law March 23, 1940, No 254 (in Gazz. No., April 23, 96).
Modifications to the Bar.

Preamble
(Omitted).


Article 1 (Omitted) (1).
(1) Modify or replace the Articles. 14, 16, 17, 21, 22, 24, 25, 26, 29, 30, 31, 34, 36, 38, 44, 47, 50, 52, 61, 71, 96, 97, 100 and the heading of Title V of the rdl November 27, 1933, No 1578.


Article 2 (Omitted) (1).
(1) Replace the first paragraph of art. 45 rd January 22, 1934, No 37.


Article 3 Use of the Bar Council proposed by the professional against the decision of removal from the first hearing was set after the deadlines laid down in Articles. 60 and 61 of Royal Decree of 22 January 1934 No 37.


Article 4 For the validity of the resolutions of the Bar Council is the intervention of seven members. The presentation of
application, it may not be made by the public prosecutor must be accompanied, on pain of inadmissibility, the receipt of payment of pounds 100 (1) performed in a registry office.
(1) Amount raised to 800 pounds art. 1 d.lg.cps September 13, 1946, No 261.


Article 5 (Omitted) (1).
(1) Replaces the art. 4, l. May 28, 1936, No 1003.


Article 6 (Omitted) (1).
(1) Replaces the art. 4, rd July 9, 1936, No 1482.


Article 7 (Omitted) (1).
(1) Replaces the art. 7, rd July 9, 1936, No 1482.

Article 8
at the Boards for examinations as a lawyer and a prosecutor in Rome and those for inclusion in the special, consisting of secretariats, which are assigned magistrates, who direct them, and clerks appointed by the Ministry of Justice in the required number.


Article 9 Within one month after the entry into force of this Act, the Councils of the Bar Associations, and prosecutors will call lawyers and prosecutors who are members of the district enrollment, assigning a term not exceeding thirty days for reply, to declare in writing to your honor

a) they are not in any of the conditions that prohibit or restrict the practice of law;
b) they are not enrolled in the 'same time as other district attorneys or prosecutors.

If the statements are not received within the prescribed period, the practitioner may be suspended from training until he has fulfilled the request. Article 10


Even regardless of the declaration referred to in the preceding article, the councils will take the orders, as appropriate, measures or cancellation from membership in the special in comparison to those that are in the conditions of referred to in subparagraph a) of the article.
against the decision of the Council of the An appeal to the Bar Council. The appeal has suspensive effect.


Article 11 When issuing a declaration under Article. 9 professional who has registered as a lawyer or as a prosecutor in two different books will tell which one belongs by reason of actual residence and who intends to remain registered.
Within six months after entry into force of this Act, the Directors of syndicates of lawyers and prosecutors will undertake a review of outstanding books, which finds that all members are resident in the jurisdiction of the Court, as set Articles. 17, No 7 and 27 No 3, the RDL November 27, 1933, No 1578; and pronounce the cancellation of those who turn out to have lost residence in the same area, observed the rules of the proceeding.
prosecutors removed from the register under the preceding paragraph, which call for the enrollment on the constituency of their actual residence, not subject to the attenuated by art. 25 DL mentioned, as regards the number of seats to be allocated within the year as a transfer and the period of two years from the previous registration.


Article 12 Within six months after entry into force of this Act, the Directors of syndicates of lawyers and prosecutors will proceed to an extraordinary revision of registers of the lawyers in order to ensure members after 1 February 1934 the possession of the requirement of the qualification period of six years of practice as an attorney, necessary for inclusion in the 'in terms of 'Art. 27, No 2 of RDL November 27, 1933, No 1578.
Its deliberations shall be notified to the public prosecutor under Article. 31, but the deadline for appeal by the prosecutor for the Board of Bar is three months of notification.


Article 13 The Government of the Republic is authorized to collect in a single text the RDL November 27, 1933, No 1578, with the this Law and other laws on the organization of the professions of lawyer and prosecutor, by making the necessary modifications for the purpose of coordination.

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