Royal Decree-Law of 27 November 1933, No
1578 (in Gazz. No., December 5, No. 281)
decree into law January 22, 1934, No 36
(in Gazz. No., January 30, 1934, No 24)
Order of the professions of barrister and solicitor (1) (2) (3) (4).
(1) The term "solicitor", contained in this Act shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
(2) The legal decree February 19, 1998, No 51, abolished the office of the magistrate and, except as expressly provided for by Decree, its powers are to be considered transferred to the court. The same decree abolished the office of the prosecutor at the district court and district to the transfer of its functions to the office of public prosecutor at the court. Moreover, if this measure gives the magistrate and administrative functions alternately to the organs of the PA, assignments pretorili means deleted are also deleted from the administrative functions of other courts, except for the magistrate, if so assigned as an alternative the magistrate who are members of the PA also the power of the magistrate to make executive acts taken by administrative authorities shall be deleted and the acts are enforceable in law. Finally, if this provision to include a requirement for certain persons to make oath before the magistrate for the exercise of activities, this means made before the mayor or his delegate.
(3) From the date of appointment of the first government formed following the first elections following the entry into force of Legislative Decree July 30, 1999, No 300, prefectures have become territorial offices of the government, the prefect in charge of that office in the capital of the region also assumes the functions of the government commissioner (Article 11, legislative decree 300/1999, cit.).
(4) In place of the Minister / Ministry of Justice read the Minister / Ministry of Justice under Presidential Decree 13 September 1999. Preamble
(Omitted). Article 1 Article
1.Nessuno can take the title, nor act as a lawyer [or agent] unless he is registered as the title professionale.Conservano but the lawyers [and prosecutors] that, after having acquired the right, were removed from the register for a cause that is not indegnità.La violation of the provision of the first paragraph of this article, if not a more serious crime is punishable, in the case of usurpation of the title of lawyer [or agent], in accordance with art. 498 of the Penal Code, and in the case of the wrongful exercise of functions under Article 348 of the Code (1). (1) The term "solicitor" in this Article shall be construed to be replaced The term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 2 Article 2. (Omitted) (1). You can not be enrolled in a single register of lawyers [and one roll of attorneys]. (1) repealed by Comma. 6, l. February 24, 1997, No 27. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 3
3.The Art 'practice as a lawyer [and prosecutor] is incompatible with the exercise of the profession of notary, by the exercise of trade on its own behalf or on behalf of others, with the office of minister of any religion having jurisdiction or care of souls, a professional journalist, a bank manager, broker , a stockbroker, the broker, the receiver of the lot, the contractor of a public service or a public supply, collector of public taxes or data management esattoriali.È also incompatible with any paid office or employment with the salary State budget, provinces, municipalities, public institutions of charity, the Bank of Italy, [the civil list] (1), the great teaching orders chivalry, the Senate, the Chamber of Deputies and in general any other government or public institution subject to supervision or protection of the state, provinces and finally Comuni.È incompatible with any other paid employment, although significant in the provision of work assistance or legal advice, which has scientific and letterario.Sono except the second paragraph may: a) the professors and assistants at the universities and other higher education institutions and teachers of secondary schools of the State; b) lawyers [and prosecutors] of law firms established in any name and in any way with the bodies referred to in that second paragraph, regarding the causes and one's own business entity in which they participate. They are entered in the special annex to the Register (2) (3). (1) The establishment of the civil list is intended to be deleted because of the change in the institutional form of the state. (2) Letter amended Article . 1, l. November 23, 1939, No 1949. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 4
Art 4.Member lawyers registered so they can practice in front of all the Courts of Appeal, the Courts and Courts of Repubblica.Davanti the Court of Cassation, the Council of State and the Court of Auditors in the courts, the Court [Supreme] military, the Superior Court of public waters and the [Commission Central direct taxes] (1) the support can be taken only by lawyers enrolled in the special allowance referred to in Article 33 (2). (3) (1) Central Time Tax Commission. (2) See, also, art. 1, d.lg.lgt. October 19, 1944, No 318. (3) The regional court of public waters and public waters of the Superior Court shall be deleted by art. 1 dl November 11, 2002, No 251, effective within sixty days from the date of entry into force of the law on conversion.
Article 5 Article 5. (Omitted) (1) (1). Articles. 5 and 6, already merged art. 4, l. July 24, 1985, No 406, were subsequently repealed by art. 6, l. February 24, 1997, No 27.
Article 6 Article 6. (Omitted) (1). (1) Article merged with the previous article. 4, l. July 24, 1985, No 406, repealed by then. 6, l. February 24, 1997, No 27. Article 7
Art 7.Davanti any special jurisdiction, the representation, advocacy and assistance may be taken only by a lawyer [or by an attorney] given to one of the district courts Court of Appeal and branches, in which they have special jurisdiction. In commercial cases before the Court, the party must appear personally assisted [by an attorney or] a avvocato.Nulla has innovated with the rules governing proceedings before the [Council] (1), those governing representation and defense of government departments and the specific provisions relating to certain courts. (2) (1) Justice of the Peace Now. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 8
Art 8.I law graduates, who perform the practice laid down in Article 17 shall be entered on the request and upon certification of the Prosecutor in attending the study, in a special register kept by the Bar Council of lawyers [and prosecutors] at the court [in whose district] (1) they are resident, and are subject to the disciplinary powers of the Board stesso.I practicing attorneys, one year after registration of the first paragraph, are allowed for a period not exceeding six years, to exercise patronage in the courts of the district in which the district including the order that the maintenance of the register that, with respect to processes which, according to the rules in force before the effective date of the legislative decree implementing the Law of 16 July 1997, no 254, fell within the jurisdiction of the magistrate. Before the same courts and in the same limits in a criminal court, they may be appointed defenders office, serve as a prosecutor to propose the declaration of appeal both as defenders and as representatives of the public ministry (2). [It is a condition the exercise of patronage and functions of the second paragraph of taking the oath before the chief judge of the district attorney in which the practitioner is registered according to the following: "Aware of the high dignity of the legal profession, I swear to fulfill the duties and tasks related to it that the law entrusts me with loyalty, honor and care for the ends of justice "] (3) (4). (1) read the constituency. (2) paragraph as amended by Article 10 of Law June 27, 1988, n. 242, and then, Article 246, paragraph 1, of D. LGS. February 19, 1998, n. 51. The provisions of this paragraph, shall not be implemented until the overall reform of the legal profession (Article 246, paragraph 2, D. LGS. 51/1998 cit.). (3) Article replaced by art. 1, l. 24 July 1985 No 406. (4) The term "solicitor", as contained in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 9 Article 9. [By application received by the Registrar of the Court or the Court of Appeal, to be submitted to the Council a copy of the order, the attorney may, under its responsibility, to appoint substitutes, in number not exceed three, including one of the prosecutors in the register which he is found iscritto.Il substitute is in effect the prosecutor who has nominato.Il attorney may also, under its responsibility, be represented by another attorney at operator one of the Courts the division of the Court of Appeal and branches. The assignment is given from time to time in writing in the records of proceedings or proceedings before the Courts statement separata.Nei representation may be awarded to a practicing attorney]. (1) (1) The term "solicitor", contained in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 10 Article 10. [The prosecutor must reside in the capital of the district court to which it attaches, but the President of the Court, after hearing the opinion of the Bar, may be authorized to reside elsewhere in the district (1), provided that he has an office in the capital with another attorney]. (2) (1) read the constituency. (2) The term "solicitor", as contained in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 11 Article 11. [The prosecutor may not, without just cause, refuse her office]. (1) (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 12
Art 12.Gli lawyers [and prosecutors] have to fulfill their ministry with dignity and decorum as befits the height of the function are called to exercise in the administration of giustizia.Essi can not exercise profession before they have giurato.Il oath is provided in a public hearing of the Court of Appeal or the Court with the following formula: "I swear to fulfill my professional duties with loyalty, honor and care for the purposes of justice and for best interests of the Nation "(1). (1) The term" solicitor ", contained in this article shall be construed replaced with the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 13
Art 13.Gli lawyers [and prosecutors] can not be forced to testify in the judgments of any kind on what they have been told or has reached their knowledge by reason of his office, except as provided in 'Article 351, paragraph two of the Code of Criminal Procedure (1) (2). (1) Articles Now. Cpp 200 and 201 (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 14
14.The Art of the Bar Councils [and prosecutors] as well as perform all other tasks entrusted to them by this or other laws: a) exercise the functions relating to the keeping of registers and professional records practitioners, and those relating to the disciplinary powers of members in the same books and records; b) oversee the decoration of professionals; c) oversee the exercise of legal experience, d) give its opinion on the settlement of legal fees in the case provided Article 59 and in other cases where it is required in terms existing provisions (1), e) Damages in the case of death or expulsion of a lawyer [or an attorney], on request and at the expense of those who have interest, appropriate action for the delivery of deeds and documents depending on the cessation of work; f) interpose its office at their request, to procure the settlement of disputes that arise between lawyers [and prosecutors] or between these professionals and their clients, depending on the professional practice . When lawyers and prosecutors are independent by the Board, the reconciliation is promoted by this Council that was first requested. (Omitted) (2). (Omitted) (2) (3). (1) Letter as amended by Article 1, No 1, l. March 23, 1940, No 254. (2) Subsection repealed by d.lg.lgt be considered. November 23, 1944, No 369 because it referred to provisions of corporate. See, now, Articles. 8 and 9, d.lg.lgt. November 23, 1944, No 382. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 15
Art 15.L 'high vigilance on the practice of attorney [prosecutor and] the minister of justice, is exercised either directly or by means of the first presidents and attorneys general. (1) (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 16
Art 16.Per every District Court shall consist of a register of lawyers [and a register of attorneys]. The date of determining the length of each professionista.Il Council of the Bar [and prosecutors] at the beginning of each year proceed to the revision of the registers and the necessary changes, observed cancellation rules. Cancellation is always ordered if the review finds the lack of qualifications and requirements under which the entry was prepared, except that this has not been completed or maintained as a result of a court decision or requirements relating to these securities (1). has begun disciplinary proceedings if the facts emerged from the review are likely to be involved. (1) The registers must be reviewed, by the Board, be communicated to the Minister of Justice, the Minister for Labour and Social Security and the heads of the Court Appellate Courts and District and be posted in the courtroom of the Court, the Courts and District Courts by the same Council of the Journal of giudiziario.Il also keep an updated register of practitioners, noting that those in it, having taken the oath in accordance with art. 8, are admitted to the exercise of the cases before the Preture.Un list of practitioners, with annotated in the preceding paragraph shall be communicated to the Courts of the District Court of Appeal and shall be posted in the same courtroom of the Courts (2 .) (1) The current second and third paragraph as a substitute for the original second paragraph, under Article. 1 No 2, l. March 3, 1940, No 25. (2) The term "solicitor" in this Article shall be construed to be replaced The term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 17 Article 17.17. To register in the register of attorneys, you must: 1 ° be an Italian or Italian from a region not politically linked to Italy, 2nd enjoy the full exercise of civil rights, 3rd specchiatissima be conducted and spotless; 4 ° be in possession of a degree in law or confirmed by a university of the Republic, 5 ° have done a commendable and profitable period of practice, attending the study of a prosecutor and attending hearings of civil and criminal Court of Appeal or the Court at least two consecutive years after graduation, in ways that will set the rules to be issued under Article. 101, or must have worked for the same period of time, the cases before the Courts under Article. 8 (1), 6 th winner could be, by the number of places available, in an examination scheduled in art. 20; 7 ° must have a residence or place of business within the jurisdiction of the court in which the register entry is requested (2), for inclusion in the special register of practitioners should possess the requirements listed in numbers 1), 2 ), 3) and 4). They can not meet the inclusion or in the 'in the register of practitioners who have obtained one of the convictions or sentences incidental or are subjected to security measures, in accordance with art. 42, would give rise to the disbarment, and those who have carried out any public activity contrary to the interests of the nation. (3) (1) See Article 1 of Legislative Decree. CPS May 5, 1947, No 374 for the reduction of the practice period to one year, and subsequently, Article 2 of Law July 24, 1985, No 406 reported in the two years required. (2) replaced by Article 5 of Law Number 24 February 1997, No 27, and subsequently, as amended by Article 18 of Law on February 3 2003, no 14. (3) The term "solicitor" contained in this Article shall be read replaced by the word "attorney" as a result of Article 3 of Law 24 February 1997, No 27 (suppression of the register of solicitors). Article 18
Art 18.Nell 'fulfillment of the practice of the article above, can take place in the frequency of the study of a [prosecutor] for a period not exceeding one year, the frequency for a similar period of time, after graduation, and profitably, a seminar or other educational institution established at a university in the Republic in which they are made for this purpose special courses, and authorized by the Minister of Justice (1). It is equated with the practice providing service for at least two years by magistrates of the judiciary, military or administrative, or [the Special Court for the Defence of the State] (2) , by Vice fees, the lawyers of the state and no longer legal department of the State railways, the added power of attorney of the same State Attorney and the service provided, for the same period of time, in the prefectures by the officials of Group A ' Civil Service of the Interior, with no grade lower than that of adviser. (3) (1) That approval remains valid and effective until the entry into force of ministerial decrees in art. 17, paragraph 114, l. May 15, 1997, No 127. (2) deleted by rdl Court July 29, 1943, No 668. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 19
Art 19.Nel month of October each year, the Councils of the Bar [and prosecutors], each for their respective constituency, given the number of subscribers, the holiday occurred and of all the judicial business indicate, by a reasoned opinion to the Minister of Justice The number of people who might be admitted in the following year in the [books of the prosecutors]. The Minister of Justice, after consultation with the Bar Council, shall establish, by next December, the maximum number of new [prosecutors] that total will be enrolled in the following year in the books of the Courts in each district including the Court of Appeal and their distribution in individual albi.Con the same measure are established in the days when exams will take place concorso.Agli examinations may participation of practitioners who have completed the required practice before the 10th day of November (1) (2) (3). (a) The application of the rules regarding the limiting the number of seats to be awarded annually for inclusion in the registers of the prosecutors has been suspended by order of a temporary nature, but still in force, with the d.lg.lgt. September 7, 1944, No 215. See also Articles. 1, 2 and 4, rdl May 13, 1943, No 509. (2) Paragraph replaced by art. 1, l. April 20, 1989, No 142. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 20 Article 20. (Omitted) (1). (1) See, now, art. 17-bis, Royal Decree of 22 January 1934, No 37. Article 21
Art 21.Il Minister of Justice lays down each time when the tests of [attorney] should take place at the Ministry of Justice in Rome or at the Courts of Appeal. In the case where the examinations take place in Rome on the theme for each written examination is given by the examining board which is appointed by the Minister for Justice, and consists of: six judges, including a grade not lower than the fourth, who presides over it, and not below the rank of five in the sixth, three professors of law at a university of the Republic, role, responsible or lecturers, or at a college, or the role of agents; six lawyers appointed by the Bar Council and Advocates procuratori.Possono be called to do the two committee chairmen and thirteen alternate members, who have the same requirements for effettivi.I alternate members involved in the committee to replace any member effettivo.È in power of the president to divide the committee into three subcommittees, each chaired by the judge most senior in rank or senior and consists of another magistrate, a professor and two lawyers. The chairman distributed among three sub-tasks assigned to the same committee for the completion of written and oral tests (1) (2). (A) This article replaced by Art. 1 No 4, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 22 Article 22.1. The bar exam shall take place simultaneously at each Court of appello.2. The themes for each test are given by the Minister of giustizia.3. By decree of the Minister of Justice, to be issued not later than thirty days from the publication of the decree containing the notice of review, the committee was appointed consisting of five members and five alternates, two of which holders and two alternate members are lawyers, members of at least twelve years in the Lawyers, two members and two alternate members are judges, with qualifications not less than Magistrate Court of Appeal, one member and one alternate are full or associate professor of law at university of the Republic, or at a tertiary institution. The committee based at the Ministry of Justice. For the functions of the Secretary, the Minister shall appoint an employee of the Administration, belonging to the C of administrative staff, as outlined by the national collective agreement for workers at the Ministries of the 16 February 1999.4. By the same decree referred to in paragraph 3, at each place of the Court of Appeal, appointed a subcommittee whose composition is identical to the Committee referred to in that subsection 3.5. The Minister of Justice appoints the committee and each subcommittee chairman and the vice-ons lawyers. the deputies involved in the committee and subcommittees to replace any member effettivo.6. Lawyers and Sub-committee members are appointed by the Bar Council on a joint councils of each district, ensuring the presence in each subcommittee, in annual rotation, at least one lawyer for every order of the district council . Can not be appointed lawyers who are members of the councils of or representatives of the National Welfare and forensic assistance. The lawyers committee members and subcommittees are not eligible for their respective councils and representatives of the office of National Welfare and forensic assistance to the elections held immediately following the assignment. Magistrates are appointed under the instructions given by the presidents of the courts of appello.7. If the number of candidates who have submitted applications for admission exceed three hundred units in each Court of Appeals, by decree of the Minister of Justice to be issued before completion of the written tests are named more subcommittees, each consisting of a number of members equal to that of the subcommittee appointed under subsection 4 and a secretary aggiunto.8. Each subcommittee can not be assigned a number of candidates exceeding trecento.9. The commission established by the Ministry of Justice has described the criteria for the assessment of written papers and oral tests, and the chairman shall inform the subcommittees. The committee is still required to provide the following evaluation criteria: a) clear, logical and methodological rigor of exposure, b) evidence of actual ability to solve specific legal problems; c) proof of knowledge of the theoretical foundations of legal treaties d) demonstration an understanding of possible profiles of interdisciplinary e) in respect of the judicial act, demonstrating the mastery of techniques persuasione.10. Where procedural irregularities have been detected, the sub-committee to communicate the measures taken, which shall be used for the detection of the definition of the defensive line of the Administration in the litigation. (1) (1) Article first replaced by 'Article 1 of Law June 27, 1988, No 242 and, later, Article 1a of the DL May 21, 2003, No 112. Previously paragraph 1 was replaced by Art. 2, l. April 20, 1989, No 142.
Article 23 Article 23. (Omitted) (1). (1) Article deleted from. 2, l. March 4, 1991, No 67.
Article 24 Article 24. (Omitted) (1). (1) Provision exceeded due to the suspension of competitive examinations, prepared by d.lg.lgt. September 7, 1944, No 215.
Article 25 Article 25. (Omitted) (1). (1) Article deleted from. 2, l. March 4, 1991, No 67. Article 26
Art 26.Hanno right to be enrolled [in the register of attorneys] before the Court in whose jurisdiction they reside, provided they meet the requirements listed in numbers 1), 2), 3) and 4 ) of Art. 17: a) those who are registered lawyers b) those who for five years at least were judges of the judicial, military or administrative or Advocacy of the State Bar of stopped or legal department of the State railway, which is added the same proxy Advocacy c) the tenured professors in universities or institutions of the Republic superior to those equivalent, after two years of teaching, d) those who, having obtained the professorship, and the final confirmation, for at least six years have pursued the task of teaching material relevant to the professional environment (1 ), e) those who for twelve years have been Vice magistrates and fees for which the leaders of the Court of Appeal certifying that demonstrated particular skill in the performance and culture (1). The inscriptions provided in this Article shall not be subject to limitation of number. They shall apply the rules laid down in Article 31.Coloro have been judges of the judiciary can not perform the profession of attorney on the court at which they have exercised over the past three years, their functions, if not lapse of two years from termination of the same functions. (2) (1) Letter article added. 1, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 27 Article 27. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27.
Article 28 Article 28. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27.
Article 29 Article 29. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27. Article 30
Art 30.Hanno right to be registered lawyers in the Court within the jurisdiction of his residence, provided they meet the requirements listed in numbers 1), 2), 3) and 4) of article. 17: a) those who have been at least eight years for judges of the judicial, military or administrative or [the Special Court for the Defence of the State] (1), or Advocacy of the State Bar and the legal department of the defunct State railways, which, for ten years, added the same proxy Attorney b) those that are contemplated in the letters b), c), art. 34, regardless of their grade or in the office stated therein; c) the ex-prefects of the Republic with a degree or three years with 15 years of service in the roles of group A of the Administration of the Interior (2) d ) the tenured professors of disciplines law of the Republic of universities and colleges to them equalized after three years of teaching, and) those who, having obtained the professorship, and the final confirmation, for at least eight years have had a teaching appointment. He taught and the task should relate to matters pertaining to the professional environment (3), f) at least fifteen years for those who have been Vice-Pretoria and fees for which certification is granted by the heads of the Court of Appeal in ways which art. 26, letter e) (1). (A) deleted by rdl Court July 29, 1943, No 668. (2) Letter thus replaced by art. 1 No 10, l. March 23, 1940, No 254. (3) Letter article added. 1 No 11, l. March 23, 1940, No 254. Article 31
Art 31.La application for entry to the Bar is to the Council of the Bar and prosecutors in whose area the applicant has his residence, and must be accompanied by documents evidencing the requirements established by law (1). The Council concluded that the conditions required, if not preclude the grounds of incompatibility, order entry. The rejection of the application on grounds of incompatibility or conduct can not be delivered until after having heard the applicant in its justification. (2) The Council must rule within three months of the domanda.La decision shall be reasoned and shall be served with a copy thereof within fifteen days to the person and the Prosecutor of the Republic, which are also broadcast the documentary evidence. In the ten days following the public prosecutor refers a reasoned opinion to the Attorney General at the Court of Appeal. The latter and the person may, within twenty days of notification, appeal to the Bar Council. The appeal of the Prosecutor shall have suspensive effect. (3) If the Council did not decide on the application within the prescribed period in the 4th paragraph of this Article, the person may, within ten days the expiry of that period, appeal to the Bar Council, which decides on the merits of inclusion. (1) See, also, art. 35 rd January 22, 1934, No 37. (2) See, also, art. 45 rd January 22, 1934, No 37. (3) Paragraph replaced by art. 1 No 12, l. March 23, 1940, No 254. See also, Articles. 59, and 60 rd January 22, 1934, No 37.
Article 32 Article 32. (Omitted) (1). (1) Article deleted from. 2, l. March 4, 1991, No 67. Article 33
Art 33.Gli lawyers to be admitted to practice before the Supreme Court and other courts referred to in Art. 4, second paragraph, must be registered in a special register, which is held by the Bar Council (1). The lawyers who aspire to enrollment should make a special request to him and the Bar Council that he has pursued for twelve years (2) at least the profession of lawyer in the courts of appeal and Tribunali.Questo limit is reduced to three years for former prefects of the Republic and one year only for the ex-prefects who have five years of grado.Non may be entered or remain in ' special register in the register who is not a Tribunale.Tuttavia, after twenty years of simultaneous enrollment in two books, the lawyer may only be entered in the special register (3). The Council National Bar Association to undertake an annual review and publication of the register special. (Omitted) (4). (1) See also, Articles. 1 and 2, d.lg.lgt. October 19, 1944, No And Article 318. 6 d.lg.cps May 28, 1947, No 597. (2) limit so high, most recently, art. 4, para 1, l. February 24, 1997, No 27. (3) Paragraph added by Law December 7, 1951, No 1333. (4) believed to be repealed by Section d.lg.lgt. November 23, 1944, No 369, because it referred to provisions of corporate. Article 34
Art 34.Possono be enrolled in the special, provided they are entered in a register of lawyers, although they have been practicing for the time period specified in the previous article: a) the professors in law from the Universities of the Republic and the high school for four years after they equalized (1) teaching, b) those who have been judges of the judiciary military, or administrative or [the Special Court for the Defence of the State] (2), with no grade lower than that of Director of Cassation, Counsellor of State, Director of the Court of Auditors or any other equivalent degree, or at least three years with the rank of Counsellor of the Court of Appeal or other equivalent qualification; c) those who have held the office of attorney general, deputy attorney general, deputy attorney general or attorney District of the State, as head of the defunct legal department of the State railway, or, at least three years, the secretary general or deputy attorney nell'Avvocatura Chief Inspector of the State or longer than the legal department of the State railways, d) those that, having obtained the professorship, and the final confirmation, have worked for at least eight years of a teaching job. He taught and the task should relate to matters pertaining to the professional environment. (3) Those who have not attained, in teaching, in degree or in the office indicated before, the time required for enrollment in the special can obtained after professional exercise period equal to that still needed to complement the period required under the preceding paragraph. (1) Term as low art. 1, second paragraph, l. May 28, 1936, No 1003. (2) deleted by rdl Court July 29, 1943, No 668. (3) Letter article added. 1 No 13, l. March 23, 1940, No 254.
Article 35 Article 35. [The resolutions of the Bar Council over the registration in the special cancellation from the same and must be justified. They shall be notified within fifteen days, the parties concerned and to the Public Prosecutor at the Court of Cassation, which may use the Bar Council within fifteen days of notification] (1). The use of the Public Ministry also has effect sospensivo.Ha effect of suspending the use of the person against the order of cancellation. (1) See, now, art. 7 d.lg.cps May 28, 1947, No 597. Article 36
Art 36.Il Minister of Justice shall exercise general supervision of the examination to the legal profession [and prosecutor] and has the power to annul them when irregularities have been made. He can intervene on the boards of examiners, including through a representative which gives the requirements which must be observed for the discipline and the conduct of examinations (a) (2). (1) Article replaced by Article . 1 No 14, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 37
Art 37.La deletion from rolls of lawyers [and prosecutors] is decided by the Council of the Bar of the office and at the request of the prosecutor: 1) in cases of incompatibility, and 2) when both failed one of the requirements listed in numbers 1) and 2) art. 17, except in cases of radiation, 3) when [the prosecutor] does not comply with the residence requirement, 4) when the lawyer transfers his residence outside the district of the Court at which he is registered; 5) when the subscriber has not taken the oath without just cause within thirty days of notification of the order of registration, subject to the other provisions of art. 12, second paragraph, 6) when writing up his / her registration. The cancellation, unless stated in number 6), can not be delivered until you have heard the question in its deliberations of the Council of giustificazioni.Le ' Order on cancellation shall be notified within fifteen days, the person and the Public Prosecutor at the Court of Appeal and the Tribunale.L 'concerned and the prosecutor can appeal to the Bar Council within fifteen days of the action brought by the person notificazione.Il effect sospensivo.L 'lawyer [and the attorney] erased from the register as prescribed by this article shall have the right 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. 17. For Reregistrations apply the provisions of Article. 31. [The Reregistrations in the register of attorneys under the preceding paragraph take place regardless of the number of seats to be assigned in the year, for the competition, neither of them is taken into account for determining the number of posts to be put out to tender for the following year]. We can not say when the cancellation is during criminal proceedings or disciplinare.L 'in the' re-admitted lawyer in terms of the sixth paragraph of this article is also reinstated in the special register referred to in Article. 33 whether it has been canceled after the cancellation from the Court which was granted. (1) (1) The term "solicitor" in this Article shall be read replaced by the word "attorney" as a result of ' art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 38
Art 38.Salvo as set out in Articles. 130, 131 and 132 of the Code of Criminal Procedure (1) and subject to the provisions on police hearings, the lawyers [and prosecutors] found guilty of abuse or misconduct in their professional or otherwise incorrect facts the dignity and decorum shall be subject to professional disciplinary proceedings. (2) The authority to proceed to disciplinary order which belongs to both the Council has custody of the register in which the practitioner is registered, as the jurisdiction of the Council which took place the fact for which you shall: and it is determined, from time to time, with prevention. The Council of the Bar who has custody of the register in which the professional member is required to implement the decision of the other Council. (3) The disciplinary proceedings are initiated by or at the request of the Public Prosecutor at the Court of 'Appeal or the Court or on appeal concerned. (3) The disciplinary power in comparison of the lawyers [and prosecutors] who are members of a Council of the national council to forense.Nel case provided in Art. 33, sixth paragraph, the functions relating to the disciplinary authority, vested in the national union, shall be exercised by the Committee referred to in that Article. 33, sixth paragraph (3) (4). (1) See, now, art. 105, cpp (2) See Articles. 47 to 51 rd January 22, 1934, No 37. (3) The original second paragraph has been replaced by the current second and third paragraphs of Article. 1 No 15, l. March 23, 1940, No 254. (4) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 39 Article 39.I
speeches, writings and in general the political acts can not be subject to disciplinary proceedings except case, which are a manifestation of activity contrary to the interests of the nation. Article 40
Art 40.Le disciplinary punishment, as the case may be applied are: 1) the warning, which is to bring the guilty to the misconduct and urging you not to fall back, and is given a letter by the President of Bar Council, 2) the complaint is a formal statement of the misconduct committed and blame, 3) suspend the exercise of the profession for not less than two months and not more than one year, except as established in art. 43, 4) removal from the register; 5) disbarment. (1) (1) Article thus replaced by Art. 1, l. February 17, 1971, No 91. Article 41
Art 41.La radiation has ruled against the attorney [or the attorney] who is still, by his conduct, damage to reputation and dignity of the class Bar (1) (2) (1). Article replaced by art. 2, l. February 17, 1971, No 91. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 42
Art 42.Importano law radiation from the rolls of lawyers [And prosecutors]: a) permanent exclusion from public office or from the exercise of the profession of lawyer or attorney b) conviction for an offense predicted in articles 372, 373, 374, 377, 380 and 381, penale.Importano code of law books by the cancellation: a) temporary disqualification from holding public office or from the exercise of the legal profession [or agent], b) hospitalization in a mental justice in the cases specified in Article 222, paragraph second, the Criminal Code; c) the assignment to a colony or a farm house lavoro.I measures provided in this Article shall be adopted by the Bar Council, after consulting the professional (1) (2) (1). Article replaced by art. 3, l. February 17, 1971, No 91. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 43
Art 43.Oltre cases of suspension from the profession scheduled in the Criminal Code, import of law suspend the exercise of the profession: a) hospitalization in a mental hospital outside of court cases provided for in the preceding , admission to a nursing home or care, the application of one of the security measures do not sentences of the Penal Code provides in Article 215, third paragraph, number 1), 2) and 3), b) the provisional application of an additional punishment or security measure, ordered by the court under Articles 140 and 206 Code penale.La suspension is declared by the Bar Council, after hearing the professionista.Il Council may impose, after consulting the professional, the suspension of the lawyer or the prosecutor referred to the prevention measure against which the special surveillance or has been issued warrant or subpoena, or accompanying, without prejudice to more severe cases sanzioni.Nei provided in this Article, the duration of the suspension is not subject to limit stipulated in Article 40, No 3 (a) (2). (1) Article replaced by art. 4, l. February 17, 1971, No 91. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 44
Art 44.Salvo as set out in Articles 42 and 43, the attorney [or the prosecutor] that has been subjected to criminal proceedings shall be subject also, if it has not been expelled under Article. 42, disciplinary proceedings on the ground that has been subject to indictment, except in the case has been taken acquittal because the crime does not exist or because the defendant has not commesso.Parimenti is subject to disciplinary proceedings, regardless of the suspension of the article above, the attorney [or the prosecutor] against which has taken place has been undertaken to implement a security measure, the police or confinement dell'ammonizione. The courts and other competent authorities shall give immediate notice to the Public Prosecutor at the Court and the Council 's order that has custody of the register, in which the practitioner is registered, the measures for which are set to open disciplinary proceedings or application of the precautionary suspension. (1) If the Council does not consider it to deliver the order the suspension of the trader warned or assigned to the border police or against whom has been issued warrant or subpoena or accompanying shall promptly notify the Public Prosecutor at the Court reasoned relationship with (a) (2). (1) Paragraph added by Article. 1 No 16, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 45
45.Fermo Art with art. 42, third paragraph, and art. 43, second paragraph, the Bar Council can not impose any disciplinary punishment without the accused has been summoned to appear before it, with the assignment of a term of not less than ten days, to be heard in his defense. Article 46 Article 46.I
radiation measures are communicated to all the Councils of the Bar [and prosecutors] of the Republic and to the judicial authorities of the district in which the professional appartiene.La radiation from any of the registers of lawyers or a matter of law, the prosecutors also radiation from the register of the other professione.Le provisions of the preceding paragraphs shall also apply in the case of suspension from one of the two professions. (1) (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 47
Art 47.Il professional disbarred may be reinstated if at least five years have elapsed from the measure of radiation, and, if it resulted from conviction, have been rehabilitated. The term is six years if the sentence was imposed for crimes committed with abuse of performance of the work as a lawyer [or agent], or for crimes against public administration, against the Administration of Justice against the public faith or against property (1). The respective terms of five and six years shall, where the practitioner has been subject to interim suspension, the date of suspension. (1) The application for readmission, the Council shall order that keeps the book for which he demanded the re-entry. The provisions of Article. 31 (2). (1) Paragraph replaced by art. 1 No 17, l. March 23, 1940, No 254 and art. 4 d.lg.cps May 28, 1947, No 597. (2) The term "Attorney legal, "in this Article shall be read replaced by the term" lawyer "for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 48
Art 48.Per the inquiry in disciplinary proceedings the Bar Council has the power to hear witnesses testimoni.In comparison of the provisions of Articles. 358 and 359 of the Code of Criminal Procedure (1). (1) Articles Now. 133, 207 and 502, Code of Criminal Procedure Article 49
Article 49.I of the National Council members and those of a local council may be objected to for the same reasons, as applicable, specified in Article 116 of the Code of Civil Procedure and must abstain when there is a reason for objecting to them known, although not proposto.Quando for the disqualification of more members of the National Council or that of a local council does not decide to stay the prescribed number, it is the Central Commission, action on the part, to decide on the challenge and, if that is allowed to rule in merito.Spetta also the Bar Council to rule on conflicts of jurisdiction between the Local Councils with regard to the exercise of disciplinary power. Article 50
Art 50.Le decisions of the Bar Council and local councils are notified of the order a copy thereof within fifteen days to the person and the Public Prosecutor at the Tribunal, which shall be communicated simultaneously to the proceedings of the disciplinary procedure (1). The prosecutor referred to the Court within ten days by a reasoned opinion to the Public Prosecutor at the Court of Appeal. The latter and the person may, within twenty days after the notification referred to in the preceding paragraph, to appeal to the Bar Council (1). In case you use only the professional, the prosecutor may appeal within fifteen days of the closing cross of the period referred to in paragraph precedente.Per effect of cross-appeal, the National Council may, for the points of the decision to which they relate the reasons suggested, impose on the applicant a professional disciplinary punishment more severe for species and duration than that imposed by the Bar Council. The appeal remains effective despite the subsequent resignation of the professional action has its effect ricorso.Il sospensivo.Gli effects of the action is limited to professionals who have proposed. (1) The original first paragraph has been replaced by the current first and second paragraphs, art. 1 No 18, l. March 23, 1940, No 254. Article 51
Art 51.L 'disciplinary action shall expire after five years.
Article 52 Article 52. (Omitted) (1). (1) Article be deemed repealed and replaced by the provisions referred to d.lg.lgt. November 23, 1944, No 382 (Articles 10 to 15, 21 and 22).
Article 53 Article 53. (Omitted) (1). (1) Article be deemed repealed and replaced by Articles. 13 to 15 and 21 d.lg.lgt. November 23, 1944, No 382. Article 54
54.Il Art Bar Council: 1) determine applications brought before it under this law, 2) exercise disciplinary powers over its members.
Article 55 Article 55. (Omitted) (1). (1) The provisions referred to in this article are now obsolete because of the incompatibility between the office of an order is to advise the Bar Council with art. 13, d.lg.lgt. November 23, 1944, No 382. Article 56
Art 56.Le decisions of the Bar Council shall be notified within thirty days, the person and the Public Prosecutor at the Court of Appeal and the Court of the district to which the person belongs. At the same time have communicated to the Council of the district stessa.Nei cases provided for in Articles. 35 and 54, n. 2, notification is made to the parties concerned and the public prosecutor at the Court of cassazione.Gli concerned and the prosecutor may appeal against the decisions of the Bar Council to add sections of the Court of Cassation within thirty days of service, lack of competence , abuse of power and violation legge.Il of appeal shall not suspend. However, the execution can be suspended by the United Sections of the Supreme Court, in chambers, on application by the applicant (1). The appeal must be decided within 90 days (1). In case of cancellation by reference, the reference is made to the Bar Council, which must comply with the Court's decision about the point of law on which it gives. (1) The current fourth and fifth paragraphs thus replace the original fourth paragraph of art. single l. November 15, 1973, No 738. Article 57 Article 57.I
criteria for determining fees and allowances payable to lawyers [and prosecutors] in on court work are set every two years by resolution of the Bar Council. Likewise shall the Bar Council as regards the fixing of fees in criminal trials before the Supreme Court of Cassation and the Supreme Court deliberations militare.Le with which it establishes the criteria referred to in the previous paragraph must be approved by the Minister for the Justice (1) (2). (1) Article replaced by art. 3 d.lg.lgt. February 22, 1946, No 170. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (of suppression of the register of solicitors). Article 58 Article 58.I
criteria referred to in the preceding article shall be determined by reference to the claim and the level of the court seised, and, for criminal trials, the duration of each note essi.Per or series of steps must be set the limits of a maximum and a minimo.Nelle court matters must be taken into account the size of the deal. Article 59
Art 59.La sentence that condemns ports in the expenditure shall be included in the tassazione.A this end, each [prosecutor] is obliged to submit, together with the acts of the case, the statement of expenses, its competence and ' the lawyer, according to the rules of the Code of Civil Procedure and the General Regulation giudiziario.Qualora this requirement is not satisfied with the sentence provision is made for taxation of costs and [the powers of attorney and] dell'onorario a lawyer based on the acts of the case. Prosecutors in default to pay the same sentence with the payment to the Exchequer of the State of a sum of four thousand liras lire diecimila.Per regard to attorneys' fees, to note the costs can be combined, when submitting it and in any event no later than ten days from the allocation of the case to court decisions, the opinion of the Council of the Bar [and prosecutors] (1) (1). The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 60
Art 60.La settlement of fees is made by the court on the basis of criteria established under Article. 57, taking into account the severity and number of the issues trattate.Per the causes of indeterminate value, or relating to matters not subject to assess the amount you have about the nature and importance of contestazione.Per determine the value of the dispute you have regarding what was the subject of contestazione.L real 'court shall contain the settlement within the limits of the maximum and minimum limits set in Article 58.Tuttavia in cases of exceptional importance in relation to the special nature of the dispute, when the inherent value of the warrants , the court may exceed the maximum limit, it is also on his right, where the case is easy to deal with, to award the fees below the minimum. In these cases, the Judge's decision must be motivata.Le same rules apply in arbitrations. Article 61
Art 61.L 'the lawyer against his client, in both judicial and court, is determined, unless special covenant, according to the criteria of Article. 57, taking into account the severity and number of the issues trattate.Tale fee, depending on the specialty of the dispute or the value or outcome of work early, it may be even greater than that paid by the party convicted in the spese.Fermo provisions of Articles. 4:07 RDL of August 7, 1936, No 1531, the court order, lawyers may seek a decree of injunction in comparison of its customers to the court for the district which is the book in which they are registered, follow the rules on jurisdiction for value (1). The conventions to the contrary must be reduced to writing. (1) (1) Paragraph added by Article. 1 No 21, l. March 23, 1940, No 254. Article 62
Art 62.Quando more lawyers have agreed to simultaneously work in the interests of their own party, everyone is entitled to the latter, in their fees, subject to the reduction that was deemed fair in relation to the competition other avvocati.La same rule applies in criminal trials. Article 63
Art 63.Ai [prosecutors] that before the special courts in criminal cases and do the work of attorney's fees that are due onus (1). (1) The term "Attorney legal, "in this Article shall be read replaced by the term" lawyer "for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 64
Art 64.Gli fees and other rights in the [prosecutors] are determined by the general rules of the tariff table and joined the RDL October 27, 1918, No 1774, and subsequent amendments (1). The rates for determining fees and other rights of the [prosecutors] can be reviewed every five years by the Minister of Justice, after consultation with the National Council (2). (1 ) See, now, dm October 5, 1994, No 585. Article 65
Art 65.Le expenses and fees of arbitration, unless they are taxed at the sentence, shall be settled by the President of the Court in whose area the sentence was depositata.Il President of the Court shall decree ordering the debtor to fulfill the ' term debt in the aims and purpose within the same time warning him that he may appeal before the Tribunale.L 'appeal is brought by writ of summons served on other parties interessate.Si the rules of proceedings for an injunction. Article 66
Art 66.Gli lawyers [and prosecutors] can not believe the acts of the case and the records received from customers for not paying the fees and rights due to them or for non-repayment of the costs they anticipate.Su complaint concerned the Council of the lawyer orders [or the prosecutor] to file documents and documents in place, and endeavor to the amicable settlement of controversia.Nel where he manages the reconciliation report is drawn up which has value, in effect, of res judicata. The conciliation report was lodged at the Local Court, which you shall give a copy in the form esecutiva.Se reconciliation has taken place, customers can not withdraw because of the acts and writings before the Bar Council has undertaken ascertainment expenditure and clearance of onorari.Nei cases of emergency, the President of the Council may adopt all measures that apply to accommodate the legitimate interests of the lawyer [or the prosecutor] with those of cliente.Le arrangements for the deposit of acts in the case provided in paragraph two, shall be established by subsequent rulings to be issued pursuant to art. 101 (1). (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 67
Art 67.Nel period of three years the death of the lawyer [or attorney] his heirs may exercise the special rules governing the reimbursement of expenses and payment of fees (1). (1) The term "solicitor" in this Article shall be construed replaced with the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 68
Art 68.Quando a case is settled, all parties are jointly and severally obligated to pay transaction fees and reimbursement of expenses of the lawyers [and prosecutors] who participated in the proceedings of the last three years were still creditors for the same proceedings. (1) (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 69
Art 69.Il period of practice required for admission to the examinations is reduced to three months for ex-combatants have been registered to practice before the same date of entry into force of this period decreto.Tale is reduced to one year for veterans who enroll for the practice with effect from that date. Article 70
Art 70.Gli ex-combatants who have completed or achieve examining the suitability of [prosecutor] may be enrolled in the unrestricted number (1). (1) The term "solicitor" in this Article shall be read replaced by the word "attorney" as a result of 'Art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 71 Article 71.I
prosecutors law graduates ex-combatants may be registered lawyers after four years of professional practice, or be admitted to the bar exam after a year of operation of procuratore.I [prosecutors] ex-combatants enrolled in the first entry Law entered into force December 22, 1932, No 1674, may be registered lawyers after three years of professional practice (1) (2). (1) Article replaced by art. 1 No 22, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 72
Art 72.Gli lawyers ex-combatants may be included in the special foreseen in art. 33 after four years of professional practice (1). This limit is reduced to three years for of ex-combatants registered lawyers before the date of entry into force of this decree. (1) Term as low art. 1, second paragraph, l. May 28, 1936, No 1003. Article 73
Art 73.Per the effects of this decree shall be considered ex-combatants awarded the medal of military valor, the maimed, the disabled of war who have contracted disability in the area of \u200b\u200boperations, the wounded in combat have been authorized to display the special badge, volunteers belonging to the weapons of war fighters who have earned a special medal of merit, and all those who, for at least a year during the war of 1915-1918, have provided service, such as military or assimilated into combat units pursuant to art. 41, second paragraph, of Royal Decree 30 September 1922, No 1290, and art. 1 RDL December 18, 1922, No 1637, or under foreseeable conditions in art. RDL 6 of 27 October 1922, No 1462, as amended by that article. 1 RDL December 18, 1922, No 1637.
Article 74 Article 74. (Omitted). (1) (a) Article be deemed repealed by the abolition of the National Fascist Party, ordered by rdl August 2, 1943, No 704.
Article 75 Article 75. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 76
Article 76. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 77 Article 77. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 78 Article 78. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 79 Article 79. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 80 Article 80. (Omitted) (1) (1). According to d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 81 Article 81. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 82 Article 82. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 83 Article 83. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 84 Article 84. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 85 Article 85. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 86 Article 86. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 87 Article 87. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 88 Article 88. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 89 Article 89. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 90 Article 90. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness. Article 91
Art 91.Alle professions of lawyer [and prosecutor] does not apply the rules governing the qualification of specialists in various branches of professional practice. (1) (1) The term "solicitor", contained in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 92
Art 92.È given the opportunity to establish councils of special taxes for advice on settlements and lawyers' fees for the issuance of certificates and copies of papers and documents relating to disciplinary proceedings. The proceeds of these taxes is attributed to Consigli.Le deliberations on the expected rate in the previous paragraph must be approved by the first President of the Court of Appeal, after consulting the Bar Council and, once approved, are communicated by the Council, the Ministers of Justice and Labour and Social Welfare. Those of the National Council lawyers must be approved by the Minister of Justice and shall, by the same National Council, the Minister of Labour and Social Welfare. Can not be imposed any fee for registration in professional rolls and registers of practitioners. Article 93 Article 93.I
Candidate Exam [prosecutor] who obtain eligibility and enrollment on the right to have unrestricted number are not included in the rankings to be formed in accordance with art. 23. They are included in a separate list, which is signed by the President of the jury and the segretario.Per entries in the register of [prosecutors] are applicable for an unlimited number the provisions of Article. 31 (1). (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 94
Art 94.Salvo what is in art. 16, second paragraph, retain the registration rolls in the lawyers [and prosecutors] that achieved in accordance with law prior to March 25, 1926, No 453.L 'incompatibility scheduled art. 3, second paragraph does not apply to employees of [the offices of the Civil List] (1), the great teaching of Knightly orders of the Senate and House of Representatives, members in the books before the date of entry into force of Law March 25, 1926, No 453. (Omitted) (2) (3). (1) The establishment of the civil list is intended to be deleted because of the change in the institutional form of the state. (2) repealed by Comma. 2, l. November 23, 1939, No 1949. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 95
Art 95.Gli lawyers enrolled in prior to the date of entry into force of Law March 25, 1926, No 453, preserved, even if not enrolled in special in the art. 33, the right of audience before the High Court of public waters, the Court of Auditors in the courts, the Supreme Military Court and the Central Board for Direct Taxes. Equal capacity is acknowledged to prosecutors entered in the register before the date above. (1) For the lawyers mentioned in the preceding paragraph, the period of professional practice for the inclusion in the special is set for five years. (1) The High Court of public waters is now deleted article. 1 dl November 11, 2002, No 251, with effect until sixty days from the date of entry into force of the law on conversion.
Article 96 Article 96. (Omitted) (1). (1) Article repealed by implication. 1, l. February 24, 1997, No 27. Article 97
Art 97.Il period of work done before the date of entry into force of this decree shall be calculated for the performance of the practice prescribed by decree medesimo.Coloro who were enrolled for the practice of [prosecutor] ol 'were made before the entry into force of Law March 25, 1926, No 453, prosecutors are entitled to enrollment on an unlimited number provided they have the requisite qualifications examining attorney or achieve by December 31 1935.Coloro that have been registered to practice as a lawyer before the date of entry into force of this decree shall be eligible for the competition to that of a prosecutor and lawyer, respectively, after two or four years of practice. To this end, those who at the date of entry into force of this decree have not completed the required period may continue in practice as a lawyer according to the rules already in vigore.L 'admission to the bar exam under the preceding paragraph is allowed up to 31 December 1942 (1). For the effects of inclusion in the register of lawyers is invalid examining attorney argued before the date of entry into force of this decree, if the fitness has been achieved. (2) (1) Paragraph replaced by art. 1 No 24, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 98 Article 98.I
seminars and other institutions made with the University of the Republic who have been already recognized the effects of the practice as a lawyer are certainly entitled to set up courses for the practice of attorney pursuant to art. 18, first paragraph.
Article 99 Article 99. (Omitted) (1). (1) Provision no longer has legal force. Article 100
Art 100.Le rules for the determination of attorney's fees, in force today, will be effective until the entry into force of the new Code of Civil Procedure (1). (1) Article replaced by art. 1 No 25, l. March 23, 1940, No 254. Article 101
Art 101.Il this decree shall enter into force on 1 February 1934, subject to the provisions of the following subparagraphs of Article. 98 subsections and the first, fourth and sixth Article. 99, the entry into force will take place with the publication of the decree in the Official Gazette of the Republic Italian. With subsequent decrees, heard the Council of Ministers, on proposal of the Minister of Justice, in consultation with the Ministers for Finance and Labour and Social Security will be issued the rules for the functioning of the Councils of the Bar [and prosecutors] for the exercise of the powers of professional bodies and discipline of members, and those relating to proceedings before the Bar Council for lawyers [and prosecutors] and all other provisions as may be needed to integrate and implement this Decree leggi.Le and coordination with other provisions approved by Royal Decree 26 August 1926, No 1683, will continue to be applied mutatis mutandis with those of this Decree and with others that will be issued in terms of subsection precedente.Questo decree will be submitted to parliament for its conversion into law, and the Minister is proposing to authorized presentation of the relevant bill (1). (1 ) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
1578 (in Gazz. No., December 5, No. 281)
decree into law January 22, 1934, No 36
(in Gazz. No., January 30, 1934, No 24)
Order of the professions of barrister and solicitor (1) (2) (3) (4).
(1) The term "solicitor", contained in this Act shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
(2) The legal decree February 19, 1998, No 51, abolished the office of the magistrate and, except as expressly provided for by Decree, its powers are to be considered transferred to the court. The same decree abolished the office of the prosecutor at the district court and district to the transfer of its functions to the office of public prosecutor at the court. Moreover, if this measure gives the magistrate and administrative functions alternately to the organs of the PA, assignments pretorili means deleted are also deleted from the administrative functions of other courts, except for the magistrate, if so assigned as an alternative the magistrate who are members of the PA also the power of the magistrate to make executive acts taken by administrative authorities shall be deleted and the acts are enforceable in law. Finally, if this provision to include a requirement for certain persons to make oath before the magistrate for the exercise of activities, this means made before the mayor or his delegate.
(3) From the date of appointment of the first government formed following the first elections following the entry into force of Legislative Decree July 30, 1999, No 300, prefectures have become territorial offices of the government, the prefect in charge of that office in the capital of the region also assumes the functions of the government commissioner (Article 11, legislative decree 300/1999, cit.).
(4) In place of the Minister / Ministry of Justice read the Minister / Ministry of Justice under Presidential Decree 13 September 1999. Preamble
(Omitted). Article 1 Article
1.Nessuno can take the title, nor act as a lawyer [or agent] unless he is registered as the title professionale.Conservano but the lawyers [and prosecutors] that, after having acquired the right, were removed from the register for a cause that is not indegnità.La violation of the provision of the first paragraph of this article, if not a more serious crime is punishable, in the case of usurpation of the title of lawyer [or agent], in accordance with art. 498 of the Penal Code, and in the case of the wrongful exercise of functions under Article 348 of the Code (1). (1) The term "solicitor" in this Article shall be construed to be replaced The term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 2 Article 2. (Omitted) (1). You can not be enrolled in a single register of lawyers [and one roll of attorneys]. (1) repealed by Comma. 6, l. February 24, 1997, No 27. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 3
3.The Art 'practice as a lawyer [and prosecutor] is incompatible with the exercise of the profession of notary, by the exercise of trade on its own behalf or on behalf of others, with the office of minister of any religion having jurisdiction or care of souls, a professional journalist, a bank manager, broker , a stockbroker, the broker, the receiver of the lot, the contractor of a public service or a public supply, collector of public taxes or data management esattoriali.È also incompatible with any paid office or employment with the salary State budget, provinces, municipalities, public institutions of charity, the Bank of Italy, [the civil list] (1), the great teaching orders chivalry, the Senate, the Chamber of Deputies and in general any other government or public institution subject to supervision or protection of the state, provinces and finally Comuni.È incompatible with any other paid employment, although significant in the provision of work assistance or legal advice, which has scientific and letterario.Sono except the second paragraph may: a) the professors and assistants at the universities and other higher education institutions and teachers of secondary schools of the State; b) lawyers [and prosecutors] of law firms established in any name and in any way with the bodies referred to in that second paragraph, regarding the causes and one's own business entity in which they participate. They are entered in the special annex to the Register (2) (3). (1) The establishment of the civil list is intended to be deleted because of the change in the institutional form of the state. (2) Letter amended Article . 1, l. November 23, 1939, No 1949. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 4
Art 4.Member lawyers registered so they can practice in front of all the Courts of Appeal, the Courts and Courts of Repubblica.Davanti the Court of Cassation, the Council of State and the Court of Auditors in the courts, the Court [Supreme] military, the Superior Court of public waters and the [Commission Central direct taxes] (1) the support can be taken only by lawyers enrolled in the special allowance referred to in Article 33 (2). (3) (1) Central Time Tax Commission. (2) See, also, art. 1, d.lg.lgt. October 19, 1944, No 318. (3) The regional court of public waters and public waters of the Superior Court shall be deleted by art. 1 dl November 11, 2002, No 251, effective within sixty days from the date of entry into force of the law on conversion.
Article 5 Article 5. (Omitted) (1) (1). Articles. 5 and 6, already merged art. 4, l. July 24, 1985, No 406, were subsequently repealed by art. 6, l. February 24, 1997, No 27.
Article 6 Article 6. (Omitted) (1). (1) Article merged with the previous article. 4, l. July 24, 1985, No 406, repealed by then. 6, l. February 24, 1997, No 27. Article 7
Art 7.Davanti any special jurisdiction, the representation, advocacy and assistance may be taken only by a lawyer [or by an attorney] given to one of the district courts Court of Appeal and branches, in which they have special jurisdiction. In commercial cases before the Court, the party must appear personally assisted [by an attorney or] a avvocato.Nulla has innovated with the rules governing proceedings before the [Council] (1), those governing representation and defense of government departments and the specific provisions relating to certain courts. (2) (1) Justice of the Peace Now. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 8
Art 8.I law graduates, who perform the practice laid down in Article 17 shall be entered on the request and upon certification of the Prosecutor in attending the study, in a special register kept by the Bar Council of lawyers [and prosecutors] at the court [in whose district] (1) they are resident, and are subject to the disciplinary powers of the Board stesso.I practicing attorneys, one year after registration of the first paragraph, are allowed for a period not exceeding six years, to exercise patronage in the courts of the district in which the district including the order that the maintenance of the register that, with respect to processes which, according to the rules in force before the effective date of the legislative decree implementing the Law of 16 July 1997, no 254, fell within the jurisdiction of the magistrate. Before the same courts and in the same limits in a criminal court, they may be appointed defenders office, serve as a prosecutor to propose the declaration of appeal both as defenders and as representatives of the public ministry (2). [It is a condition the exercise of patronage and functions of the second paragraph of taking the oath before the chief judge of the district attorney in which the practitioner is registered according to the following: "Aware of the high dignity of the legal profession, I swear to fulfill the duties and tasks related to it that the law entrusts me with loyalty, honor and care for the ends of justice "] (3) (4). (1) read the constituency. (2) paragraph as amended by Article 10 of Law June 27, 1988, n. 242, and then, Article 246, paragraph 1, of D. LGS. February 19, 1998, n. 51. The provisions of this paragraph, shall not be implemented until the overall reform of the legal profession (Article 246, paragraph 2, D. LGS. 51/1998 cit.). (3) Article replaced by art. 1, l. 24 July 1985 No 406. (4) The term "solicitor", as contained in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 9 Article 9. [By application received by the Registrar of the Court or the Court of Appeal, to be submitted to the Council a copy of the order, the attorney may, under its responsibility, to appoint substitutes, in number not exceed three, including one of the prosecutors in the register which he is found iscritto.Il substitute is in effect the prosecutor who has nominato.Il attorney may also, under its responsibility, be represented by another attorney at operator one of the Courts the division of the Court of Appeal and branches. The assignment is given from time to time in writing in the records of proceedings or proceedings before the Courts statement separata.Nei representation may be awarded to a practicing attorney]. (1) (1) The term "solicitor", contained in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 10 Article 10. [The prosecutor must reside in the capital of the district court to which it attaches, but the President of the Court, after hearing the opinion of the Bar, may be authorized to reside elsewhere in the district (1), provided that he has an office in the capital with another attorney]. (2) (1) read the constituency. (2) The term "solicitor", as contained in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 11 Article 11. [The prosecutor may not, without just cause, refuse her office]. (1) (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 12
Art 12.Gli lawyers [and prosecutors] have to fulfill their ministry with dignity and decorum as befits the height of the function are called to exercise in the administration of giustizia.Essi can not exercise profession before they have giurato.Il oath is provided in a public hearing of the Court of Appeal or the Court with the following formula: "I swear to fulfill my professional duties with loyalty, honor and care for the purposes of justice and for best interests of the Nation "(1). (1) The term" solicitor ", contained in this article shall be construed replaced with the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 13
Art 13.Gli lawyers [and prosecutors] can not be forced to testify in the judgments of any kind on what they have been told or has reached their knowledge by reason of his office, except as provided in 'Article 351, paragraph two of the Code of Criminal Procedure (1) (2). (1) Articles Now. Cpp 200 and 201 (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 14
14.The Art of the Bar Councils [and prosecutors] as well as perform all other tasks entrusted to them by this or other laws: a) exercise the functions relating to the keeping of registers and professional records practitioners, and those relating to the disciplinary powers of members in the same books and records; b) oversee the decoration of professionals; c) oversee the exercise of legal experience, d) give its opinion on the settlement of legal fees in the case provided Article 59 and in other cases where it is required in terms existing provisions (1), e) Damages in the case of death or expulsion of a lawyer [or an attorney], on request and at the expense of those who have interest, appropriate action for the delivery of deeds and documents depending on the cessation of work; f) interpose its office at their request, to procure the settlement of disputes that arise between lawyers [and prosecutors] or between these professionals and their clients, depending on the professional practice . When lawyers and prosecutors are independent by the Board, the reconciliation is promoted by this Council that was first requested. (Omitted) (2). (Omitted) (2) (3). (1) Letter as amended by Article 1, No 1, l. March 23, 1940, No 254. (2) Subsection repealed by d.lg.lgt be considered. November 23, 1944, No 369 because it referred to provisions of corporate. See, now, Articles. 8 and 9, d.lg.lgt. November 23, 1944, No 382. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 15
Art 15.L 'high vigilance on the practice of attorney [prosecutor and] the minister of justice, is exercised either directly or by means of the first presidents and attorneys general. (1) (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 16
Art 16.Per every District Court shall consist of a register of lawyers [and a register of attorneys]. The date of determining the length of each professionista.Il Council of the Bar [and prosecutors] at the beginning of each year proceed to the revision of the registers and the necessary changes, observed cancellation rules. Cancellation is always ordered if the review finds the lack of qualifications and requirements under which the entry was prepared, except that this has not been completed or maintained as a result of a court decision or requirements relating to these securities (1). has begun disciplinary proceedings if the facts emerged from the review are likely to be involved. (1) The registers must be reviewed, by the Board, be communicated to the Minister of Justice, the Minister for Labour and Social Security and the heads of the Court Appellate Courts and District and be posted in the courtroom of the Court, the Courts and District Courts by the same Council of the Journal of giudiziario.Il also keep an updated register of practitioners, noting that those in it, having taken the oath in accordance with art. 8, are admitted to the exercise of the cases before the Preture.Un list of practitioners, with annotated in the preceding paragraph shall be communicated to the Courts of the District Court of Appeal and shall be posted in the same courtroom of the Courts (2 .) (1) The current second and third paragraph as a substitute for the original second paragraph, under Article. 1 No 2, l. March 3, 1940, No 25. (2) The term "solicitor" in this Article shall be construed to be replaced The term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 17 Article 17.17. To register in the register of attorneys, you must: 1 ° be an Italian or Italian from a region not politically linked to Italy, 2nd enjoy the full exercise of civil rights, 3rd specchiatissima be conducted and spotless; 4 ° be in possession of a degree in law or confirmed by a university of the Republic, 5 ° have done a commendable and profitable period of practice, attending the study of a prosecutor and attending hearings of civil and criminal Court of Appeal or the Court at least two consecutive years after graduation, in ways that will set the rules to be issued under Article. 101, or must have worked for the same period of time, the cases before the Courts under Article. 8 (1), 6 th winner could be, by the number of places available, in an examination scheduled in art. 20; 7 ° must have a residence or place of business within the jurisdiction of the court in which the register entry is requested (2), for inclusion in the special register of practitioners should possess the requirements listed in numbers 1), 2 ), 3) and 4). They can not meet the inclusion or in the 'in the register of practitioners who have obtained one of the convictions or sentences incidental or are subjected to security measures, in accordance with art. 42, would give rise to the disbarment, and those who have carried out any public activity contrary to the interests of the nation. (3) (1) See Article 1 of Legislative Decree. CPS May 5, 1947, No 374 for the reduction of the practice period to one year, and subsequently, Article 2 of Law July 24, 1985, No 406 reported in the two years required. (2) replaced by Article 5 of Law Number 24 February 1997, No 27, and subsequently, as amended by Article 18 of Law on February 3 2003, no 14. (3) The term "solicitor" contained in this Article shall be read replaced by the word "attorney" as a result of Article 3 of Law 24 February 1997, No 27 (suppression of the register of solicitors). Article 18
Art 18.Nell 'fulfillment of the practice of the article above, can take place in the frequency of the study of a [prosecutor] for a period not exceeding one year, the frequency for a similar period of time, after graduation, and profitably, a seminar or other educational institution established at a university in the Republic in which they are made for this purpose special courses, and authorized by the Minister of Justice (1). It is equated with the practice providing service for at least two years by magistrates of the judiciary, military or administrative, or [the Special Court for the Defence of the State] (2) , by Vice fees, the lawyers of the state and no longer legal department of the State railways, the added power of attorney of the same State Attorney and the service provided, for the same period of time, in the prefectures by the officials of Group A ' Civil Service of the Interior, with no grade lower than that of adviser. (3) (1) That approval remains valid and effective until the entry into force of ministerial decrees in art. 17, paragraph 114, l. May 15, 1997, No 127. (2) deleted by rdl Court July 29, 1943, No 668. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 19
Art 19.Nel month of October each year, the Councils of the Bar [and prosecutors], each for their respective constituency, given the number of subscribers, the holiday occurred and of all the judicial business indicate, by a reasoned opinion to the Minister of Justice The number of people who might be admitted in the following year in the [books of the prosecutors]. The Minister of Justice, after consultation with the Bar Council, shall establish, by next December, the maximum number of new [prosecutors] that total will be enrolled in the following year in the books of the Courts in each district including the Court of Appeal and their distribution in individual albi.Con the same measure are established in the days when exams will take place concorso.Agli examinations may participation of practitioners who have completed the required practice before the 10th day of November (1) (2) (3). (a) The application of the rules regarding the limiting the number of seats to be awarded annually for inclusion in the registers of the prosecutors has been suspended by order of a temporary nature, but still in force, with the d.lg.lgt. September 7, 1944, No 215. See also Articles. 1, 2 and 4, rdl May 13, 1943, No 509. (2) Paragraph replaced by art. 1, l. April 20, 1989, No 142. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 20 Article 20. (Omitted) (1). (1) See, now, art. 17-bis, Royal Decree of 22 January 1934, No 37. Article 21
Art 21.Il Minister of Justice lays down each time when the tests of [attorney] should take place at the Ministry of Justice in Rome or at the Courts of Appeal. In the case where the examinations take place in Rome on the theme for each written examination is given by the examining board which is appointed by the Minister for Justice, and consists of: six judges, including a grade not lower than the fourth, who presides over it, and not below the rank of five in the sixth, three professors of law at a university of the Republic, role, responsible or lecturers, or at a college, or the role of agents; six lawyers appointed by the Bar Council and Advocates procuratori.Possono be called to do the two committee chairmen and thirteen alternate members, who have the same requirements for effettivi.I alternate members involved in the committee to replace any member effettivo.È in power of the president to divide the committee into three subcommittees, each chaired by the judge most senior in rank or senior and consists of another magistrate, a professor and two lawyers. The chairman distributed among three sub-tasks assigned to the same committee for the completion of written and oral tests (1) (2). (A) This article replaced by Art. 1 No 4, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 22 Article 22.1. The bar exam shall take place simultaneously at each Court of appello.2. The themes for each test are given by the Minister of giustizia.3. By decree of the Minister of Justice, to be issued not later than thirty days from the publication of the decree containing the notice of review, the committee was appointed consisting of five members and five alternates, two of which holders and two alternate members are lawyers, members of at least twelve years in the Lawyers, two members and two alternate members are judges, with qualifications not less than Magistrate Court of Appeal, one member and one alternate are full or associate professor of law at university of the Republic, or at a tertiary institution. The committee based at the Ministry of Justice. For the functions of the Secretary, the Minister shall appoint an employee of the Administration, belonging to the C of administrative staff, as outlined by the national collective agreement for workers at the Ministries of the 16 February 1999.4. By the same decree referred to in paragraph 3, at each place of the Court of Appeal, appointed a subcommittee whose composition is identical to the Committee referred to in that subsection 3.5. The Minister of Justice appoints the committee and each subcommittee chairman and the vice-ons lawyers. the deputies involved in the committee and subcommittees to replace any member effettivo.6. Lawyers and Sub-committee members are appointed by the Bar Council on a joint councils of each district, ensuring the presence in each subcommittee, in annual rotation, at least one lawyer for every order of the district council . Can not be appointed lawyers who are members of the councils of or representatives of the National Welfare and forensic assistance. The lawyers committee members and subcommittees are not eligible for their respective councils and representatives of the office of National Welfare and forensic assistance to the elections held immediately following the assignment. Magistrates are appointed under the instructions given by the presidents of the courts of appello.7. If the number of candidates who have submitted applications for admission exceed three hundred units in each Court of Appeals, by decree of the Minister of Justice to be issued before completion of the written tests are named more subcommittees, each consisting of a number of members equal to that of the subcommittee appointed under subsection 4 and a secretary aggiunto.8. Each subcommittee can not be assigned a number of candidates exceeding trecento.9. The commission established by the Ministry of Justice has described the criteria for the assessment of written papers and oral tests, and the chairman shall inform the subcommittees. The committee is still required to provide the following evaluation criteria: a) clear, logical and methodological rigor of exposure, b) evidence of actual ability to solve specific legal problems; c) proof of knowledge of the theoretical foundations of legal treaties d) demonstration an understanding of possible profiles of interdisciplinary e) in respect of the judicial act, demonstrating the mastery of techniques persuasione.10. Where procedural irregularities have been detected, the sub-committee to communicate the measures taken, which shall be used for the detection of the definition of the defensive line of the Administration in the litigation. (1) (1) Article first replaced by 'Article 1 of Law June 27, 1988, No 242 and, later, Article 1a of the DL May 21, 2003, No 112. Previously paragraph 1 was replaced by Art. 2, l. April 20, 1989, No 142.
Article 23 Article 23. (Omitted) (1). (1) Article deleted from. 2, l. March 4, 1991, No 67.
Article 24 Article 24. (Omitted) (1). (1) Provision exceeded due to the suspension of competitive examinations, prepared by d.lg.lgt. September 7, 1944, No 215.
Article 25 Article 25. (Omitted) (1). (1) Article deleted from. 2, l. March 4, 1991, No 67. Article 26
Art 26.Hanno right to be enrolled [in the register of attorneys] before the Court in whose jurisdiction they reside, provided they meet the requirements listed in numbers 1), 2), 3) and 4 ) of Art. 17: a) those who are registered lawyers b) those who for five years at least were judges of the judicial, military or administrative or Advocacy of the State Bar of stopped or legal department of the State railway, which is added the same proxy Advocacy c) the tenured professors in universities or institutions of the Republic superior to those equivalent, after two years of teaching, d) those who, having obtained the professorship, and the final confirmation, for at least six years have pursued the task of teaching material relevant to the professional environment (1 ), e) those who for twelve years have been Vice magistrates and fees for which the leaders of the Court of Appeal certifying that demonstrated particular skill in the performance and culture (1). The inscriptions provided in this Article shall not be subject to limitation of number. They shall apply the rules laid down in Article 31.Coloro have been judges of the judiciary can not perform the profession of attorney on the court at which they have exercised over the past three years, their functions, if not lapse of two years from termination of the same functions. (2) (1) Letter article added. 1, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
Article 27 Article 27. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27.
Article 28 Article 28. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27.
Article 29 Article 29. (Omitted) (1). (1) Article deleted from. 6, l. February 24, 1997, No 27. Article 30
Art 30.Hanno right to be registered lawyers in the Court within the jurisdiction of his residence, provided they meet the requirements listed in numbers 1), 2), 3) and 4) of article. 17: a) those who have been at least eight years for judges of the judicial, military or administrative or [the Special Court for the Defence of the State] (1), or Advocacy of the State Bar and the legal department of the defunct State railways, which, for ten years, added the same proxy Attorney b) those that are contemplated in the letters b), c), art. 34, regardless of their grade or in the office stated therein; c) the ex-prefects of the Republic with a degree or three years with 15 years of service in the roles of group A of the Administration of the Interior (2) d ) the tenured professors of disciplines law of the Republic of universities and colleges to them equalized after three years of teaching, and) those who, having obtained the professorship, and the final confirmation, for at least eight years have had a teaching appointment. He taught and the task should relate to matters pertaining to the professional environment (3), f) at least fifteen years for those who have been Vice-Pretoria and fees for which certification is granted by the heads of the Court of Appeal in ways which art. 26, letter e) (1). (A) deleted by rdl Court July 29, 1943, No 668. (2) Letter thus replaced by art. 1 No 10, l. March 23, 1940, No 254. (3) Letter article added. 1 No 11, l. March 23, 1940, No 254. Article 31
Art 31.La application for entry to the Bar is to the Council of the Bar and prosecutors in whose area the applicant has his residence, and must be accompanied by documents evidencing the requirements established by law (1). The Council concluded that the conditions required, if not preclude the grounds of incompatibility, order entry. The rejection of the application on grounds of incompatibility or conduct can not be delivered until after having heard the applicant in its justification. (2) The Council must rule within three months of the domanda.La decision shall be reasoned and shall be served with a copy thereof within fifteen days to the person and the Prosecutor of the Republic, which are also broadcast the documentary evidence. In the ten days following the public prosecutor refers a reasoned opinion to the Attorney General at the Court of Appeal. The latter and the person may, within twenty days of notification, appeal to the Bar Council. The appeal of the Prosecutor shall have suspensive effect. (3) If the Council did not decide on the application within the prescribed period in the 4th paragraph of this Article, the person may, within ten days the expiry of that period, appeal to the Bar Council, which decides on the merits of inclusion. (1) See, also, art. 35 rd January 22, 1934, No 37. (2) See, also, art. 45 rd January 22, 1934, No 37. (3) Paragraph replaced by art. 1 No 12, l. March 23, 1940, No 254. See also, Articles. 59, and 60 rd January 22, 1934, No 37.
Article 32 Article 32. (Omitted) (1). (1) Article deleted from. 2, l. March 4, 1991, No 67. Article 33
Art 33.Gli lawyers to be admitted to practice before the Supreme Court and other courts referred to in Art. 4, second paragraph, must be registered in a special register, which is held by the Bar Council (1). The lawyers who aspire to enrollment should make a special request to him and the Bar Council that he has pursued for twelve years (2) at least the profession of lawyer in the courts of appeal and Tribunali.Questo limit is reduced to three years for former prefects of the Republic and one year only for the ex-prefects who have five years of grado.Non may be entered or remain in ' special register in the register who is not a Tribunale.Tuttavia, after twenty years of simultaneous enrollment in two books, the lawyer may only be entered in the special register (3). The Council National Bar Association to undertake an annual review and publication of the register special. (Omitted) (4). (1) See also, Articles. 1 and 2, d.lg.lgt. October 19, 1944, No And Article 318. 6 d.lg.cps May 28, 1947, No 597. (2) limit so high, most recently, art. 4, para 1, l. February 24, 1997, No 27. (3) Paragraph added by Law December 7, 1951, No 1333. (4) believed to be repealed by Section d.lg.lgt. November 23, 1944, No 369, because it referred to provisions of corporate. Article 34
Art 34.Possono be enrolled in the special, provided they are entered in a register of lawyers, although they have been practicing for the time period specified in the previous article: a) the professors in law from the Universities of the Republic and the high school for four years after they equalized (1) teaching, b) those who have been judges of the judiciary military, or administrative or [the Special Court for the Defence of the State] (2), with no grade lower than that of Director of Cassation, Counsellor of State, Director of the Court of Auditors or any other equivalent degree, or at least three years with the rank of Counsellor of the Court of Appeal or other equivalent qualification; c) those who have held the office of attorney general, deputy attorney general, deputy attorney general or attorney District of the State, as head of the defunct legal department of the State railway, or, at least three years, the secretary general or deputy attorney nell'Avvocatura Chief Inspector of the State or longer than the legal department of the State railways, d) those that, having obtained the professorship, and the final confirmation, have worked for at least eight years of a teaching job. He taught and the task should relate to matters pertaining to the professional environment. (3) Those who have not attained, in teaching, in degree or in the office indicated before, the time required for enrollment in the special can obtained after professional exercise period equal to that still needed to complement the period required under the preceding paragraph. (1) Term as low art. 1, second paragraph, l. May 28, 1936, No 1003. (2) deleted by rdl Court July 29, 1943, No 668. (3) Letter article added. 1 No 13, l. March 23, 1940, No 254.
Article 35 Article 35. [The resolutions of the Bar Council over the registration in the special cancellation from the same and must be justified. They shall be notified within fifteen days, the parties concerned and to the Public Prosecutor at the Court of Cassation, which may use the Bar Council within fifteen days of notification] (1). The use of the Public Ministry also has effect sospensivo.Ha effect of suspending the use of the person against the order of cancellation. (1) See, now, art. 7 d.lg.cps May 28, 1947, No 597. Article 36
Art 36.Il Minister of Justice shall exercise general supervision of the examination to the legal profession [and prosecutor] and has the power to annul them when irregularities have been made. He can intervene on the boards of examiners, including through a representative which gives the requirements which must be observed for the discipline and the conduct of examinations (a) (2). (1) Article replaced by Article . 1 No 14, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 37
Art 37.La deletion from rolls of lawyers [and prosecutors] is decided by the Council of the Bar of the office and at the request of the prosecutor: 1) in cases of incompatibility, and 2) when both failed one of the requirements listed in numbers 1) and 2) art. 17, except in cases of radiation, 3) when [the prosecutor] does not comply with the residence requirement, 4) when the lawyer transfers his residence outside the district of the Court at which he is registered; 5) when the subscriber has not taken the oath without just cause within thirty days of notification of the order of registration, subject to the other provisions of art. 12, second paragraph, 6) when writing up his / her registration. The cancellation, unless stated in number 6), can not be delivered until you have heard the question in its deliberations of the Council of giustificazioni.Le ' Order on cancellation shall be notified within fifteen days, the person and the Public Prosecutor at the Court of Appeal and the Tribunale.L 'concerned and the prosecutor can appeal to the Bar Council within fifteen days of the action brought by the person notificazione.Il effect sospensivo.L 'lawyer [and the attorney] erased from the register as prescribed by this article shall have the right 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. 17. For Reregistrations apply the provisions of Article. 31. [The Reregistrations in the register of attorneys under the preceding paragraph take place regardless of the number of seats to be assigned in the year, for the competition, neither of them is taken into account for determining the number of posts to be put out to tender for the following year]. We can not say when the cancellation is during criminal proceedings or disciplinare.L 'in the' re-admitted lawyer in terms of the sixth paragraph of this article is also reinstated in the special register referred to in Article. 33 whether it has been canceled after the cancellation from the Court which was granted. (1) (1) The term "solicitor" in this Article shall be read replaced by the word "attorney" as a result of ' art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 38
Art 38.Salvo as set out in Articles. 130, 131 and 132 of the Code of Criminal Procedure (1) and subject to the provisions on police hearings, the lawyers [and prosecutors] found guilty of abuse or misconduct in their professional or otherwise incorrect facts the dignity and decorum shall be subject to professional disciplinary proceedings. (2) The authority to proceed to disciplinary order which belongs to both the Council has custody of the register in which the practitioner is registered, as the jurisdiction of the Council which took place the fact for which you shall: and it is determined, from time to time, with prevention. The Council of the Bar who has custody of the register in which the professional member is required to implement the decision of the other Council. (3) The disciplinary proceedings are initiated by or at the request of the Public Prosecutor at the Court of 'Appeal or the Court or on appeal concerned. (3) The disciplinary power in comparison of the lawyers [and prosecutors] who are members of a Council of the national council to forense.Nel case provided in Art. 33, sixth paragraph, the functions relating to the disciplinary authority, vested in the national union, shall be exercised by the Committee referred to in that Article. 33, sixth paragraph (3) (4). (1) See, now, art. 105, cpp (2) See Articles. 47 to 51 rd January 22, 1934, No 37. (3) The original second paragraph has been replaced by the current second and third paragraphs of Article. 1 No 15, l. March 23, 1940, No 254. (4) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 39 Article 39.I
speeches, writings and in general the political acts can not be subject to disciplinary proceedings except case, which are a manifestation of activity contrary to the interests of the nation. Article 40
Art 40.Le disciplinary punishment, as the case may be applied are: 1) the warning, which is to bring the guilty to the misconduct and urging you not to fall back, and is given a letter by the President of Bar Council, 2) the complaint is a formal statement of the misconduct committed and blame, 3) suspend the exercise of the profession for not less than two months and not more than one year, except as established in art. 43, 4) removal from the register; 5) disbarment. (1) (1) Article thus replaced by Art. 1, l. February 17, 1971, No 91. Article 41
Art 41.La radiation has ruled against the attorney [or the attorney] who is still, by his conduct, damage to reputation and dignity of the class Bar (1) (2) (1). Article replaced by art. 2, l. February 17, 1971, No 91. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 42
Art 42.Importano law radiation from the rolls of lawyers [And prosecutors]: a) permanent exclusion from public office or from the exercise of the profession of lawyer or attorney b) conviction for an offense predicted in articles 372, 373, 374, 377, 380 and 381, penale.Importano code of law books by the cancellation: a) temporary disqualification from holding public office or from the exercise of the legal profession [or agent], b) hospitalization in a mental justice in the cases specified in Article 222, paragraph second, the Criminal Code; c) the assignment to a colony or a farm house lavoro.I measures provided in this Article shall be adopted by the Bar Council, after consulting the professional (1) (2) (1). Article replaced by art. 3, l. February 17, 1971, No 91. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 43
Art 43.Oltre cases of suspension from the profession scheduled in the Criminal Code, import of law suspend the exercise of the profession: a) hospitalization in a mental hospital outside of court cases provided for in the preceding , admission to a nursing home or care, the application of one of the security measures do not sentences of the Penal Code provides in Article 215, third paragraph, number 1), 2) and 3), b) the provisional application of an additional punishment or security measure, ordered by the court under Articles 140 and 206 Code penale.La suspension is declared by the Bar Council, after hearing the professionista.Il Council may impose, after consulting the professional, the suspension of the lawyer or the prosecutor referred to the prevention measure against which the special surveillance or has been issued warrant or subpoena, or accompanying, without prejudice to more severe cases sanzioni.Nei provided in this Article, the duration of the suspension is not subject to limit stipulated in Article 40, No 3 (a) (2). (1) Article replaced by art. 4, l. February 17, 1971, No 91. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 44
Art 44.Salvo as set out in Articles 42 and 43, the attorney [or the prosecutor] that has been subjected to criminal proceedings shall be subject also, if it has not been expelled under Article. 42, disciplinary proceedings on the ground that has been subject to indictment, except in the case has been taken acquittal because the crime does not exist or because the defendant has not commesso.Parimenti is subject to disciplinary proceedings, regardless of the suspension of the article above, the attorney [or the prosecutor] against which has taken place has been undertaken to implement a security measure, the police or confinement dell'ammonizione. The courts and other competent authorities shall give immediate notice to the Public Prosecutor at the Court and the Council 's order that has custody of the register, in which the practitioner is registered, the measures for which are set to open disciplinary proceedings or application of the precautionary suspension. (1) If the Council does not consider it to deliver the order the suspension of the trader warned or assigned to the border police or against whom has been issued warrant or subpoena or accompanying shall promptly notify the Public Prosecutor at the Court reasoned relationship with (a) (2). (1) Paragraph added by Article. 1 No 16, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 45
45.Fermo Art with art. 42, third paragraph, and art. 43, second paragraph, the Bar Council can not impose any disciplinary punishment without the accused has been summoned to appear before it, with the assignment of a term of not less than ten days, to be heard in his defense. Article 46 Article 46.I
radiation measures are communicated to all the Councils of the Bar [and prosecutors] of the Republic and to the judicial authorities of the district in which the professional appartiene.La radiation from any of the registers of lawyers or a matter of law, the prosecutors also radiation from the register of the other professione.Le provisions of the preceding paragraphs shall also apply in the case of suspension from one of the two professions. (1) (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 47
Art 47.Il professional disbarred may be reinstated if at least five years have elapsed from the measure of radiation, and, if it resulted from conviction, have been rehabilitated. The term is six years if the sentence was imposed for crimes committed with abuse of performance of the work as a lawyer [or agent], or for crimes against public administration, against the Administration of Justice against the public faith or against property (1). The respective terms of five and six years shall, where the practitioner has been subject to interim suspension, the date of suspension. (1) The application for readmission, the Council shall order that keeps the book for which he demanded the re-entry. The provisions of Article. 31 (2). (1) Paragraph replaced by art. 1 No 17, l. March 23, 1940, No 254 and art. 4 d.lg.cps May 28, 1947, No 597. (2) The term "Attorney legal, "in this Article shall be read replaced by the term" lawyer "for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 48
Art 48.Per the inquiry in disciplinary proceedings the Bar Council has the power to hear witnesses testimoni.In comparison of the provisions of Articles. 358 and 359 of the Code of Criminal Procedure (1). (1) Articles Now. 133, 207 and 502, Code of Criminal Procedure Article 49
Article 49.I of the National Council members and those of a local council may be objected to for the same reasons, as applicable, specified in Article 116 of the Code of Civil Procedure and must abstain when there is a reason for objecting to them known, although not proposto.Quando for the disqualification of more members of the National Council or that of a local council does not decide to stay the prescribed number, it is the Central Commission, action on the part, to decide on the challenge and, if that is allowed to rule in merito.Spetta also the Bar Council to rule on conflicts of jurisdiction between the Local Councils with regard to the exercise of disciplinary power. Article 50
Art 50.Le decisions of the Bar Council and local councils are notified of the order a copy thereof within fifteen days to the person and the Public Prosecutor at the Tribunal, which shall be communicated simultaneously to the proceedings of the disciplinary procedure (1). The prosecutor referred to the Court within ten days by a reasoned opinion to the Public Prosecutor at the Court of Appeal. The latter and the person may, within twenty days after the notification referred to in the preceding paragraph, to appeal to the Bar Council (1). In case you use only the professional, the prosecutor may appeal within fifteen days of the closing cross of the period referred to in paragraph precedente.Per effect of cross-appeal, the National Council may, for the points of the decision to which they relate the reasons suggested, impose on the applicant a professional disciplinary punishment more severe for species and duration than that imposed by the Bar Council. The appeal remains effective despite the subsequent resignation of the professional action has its effect ricorso.Il sospensivo.Gli effects of the action is limited to professionals who have proposed. (1) The original first paragraph has been replaced by the current first and second paragraphs, art. 1 No 18, l. March 23, 1940, No 254. Article 51
Art 51.L 'disciplinary action shall expire after five years.
Article 52 Article 52. (Omitted) (1). (1) Article be deemed repealed and replaced by the provisions referred to d.lg.lgt. November 23, 1944, No 382 (Articles 10 to 15, 21 and 22).
Article 53 Article 53. (Omitted) (1). (1) Article be deemed repealed and replaced by Articles. 13 to 15 and 21 d.lg.lgt. November 23, 1944, No 382. Article 54
54.Il Art Bar Council: 1) determine applications brought before it under this law, 2) exercise disciplinary powers over its members.
Article 55 Article 55. (Omitted) (1). (1) The provisions referred to in this article are now obsolete because of the incompatibility between the office of an order is to advise the Bar Council with art. 13, d.lg.lgt. November 23, 1944, No 382. Article 56
Art 56.Le decisions of the Bar Council shall be notified within thirty days, the person and the Public Prosecutor at the Court of Appeal and the Court of the district to which the person belongs. At the same time have communicated to the Council of the district stessa.Nei cases provided for in Articles. 35 and 54, n. 2, notification is made to the parties concerned and the public prosecutor at the Court of cassazione.Gli concerned and the prosecutor may appeal against the decisions of the Bar Council to add sections of the Court of Cassation within thirty days of service, lack of competence , abuse of power and violation legge.Il of appeal shall not suspend. However, the execution can be suspended by the United Sections of the Supreme Court, in chambers, on application by the applicant (1). The appeal must be decided within 90 days (1). In case of cancellation by reference, the reference is made to the Bar Council, which must comply with the Court's decision about the point of law on which it gives. (1) The current fourth and fifth paragraphs thus replace the original fourth paragraph of art. single l. November 15, 1973, No 738. Article 57 Article 57.I
criteria for determining fees and allowances payable to lawyers [and prosecutors] in on court work are set every two years by resolution of the Bar Council. Likewise shall the Bar Council as regards the fixing of fees in criminal trials before the Supreme Court of Cassation and the Supreme Court deliberations militare.Le with which it establishes the criteria referred to in the previous paragraph must be approved by the Minister for the Justice (1) (2). (1) Article replaced by art. 3 d.lg.lgt. February 22, 1946, No 170. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (of suppression of the register of solicitors). Article 58 Article 58.I
criteria referred to in the preceding article shall be determined by reference to the claim and the level of the court seised, and, for criminal trials, the duration of each note essi.Per or series of steps must be set the limits of a maximum and a minimo.Nelle court matters must be taken into account the size of the deal. Article 59
Art 59.La sentence that condemns ports in the expenditure shall be included in the tassazione.A this end, each [prosecutor] is obliged to submit, together with the acts of the case, the statement of expenses, its competence and ' the lawyer, according to the rules of the Code of Civil Procedure and the General Regulation giudiziario.Qualora this requirement is not satisfied with the sentence provision is made for taxation of costs and [the powers of attorney and] dell'onorario a lawyer based on the acts of the case. Prosecutors in default to pay the same sentence with the payment to the Exchequer of the State of a sum of four thousand liras lire diecimila.Per regard to attorneys' fees, to note the costs can be combined, when submitting it and in any event no later than ten days from the allocation of the case to court decisions, the opinion of the Council of the Bar [and prosecutors] (1) (1). The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 60
Art 60.La settlement of fees is made by the court on the basis of criteria established under Article. 57, taking into account the severity and number of the issues trattate.Per the causes of indeterminate value, or relating to matters not subject to assess the amount you have about the nature and importance of contestazione.Per determine the value of the dispute you have regarding what was the subject of contestazione.L real 'court shall contain the settlement within the limits of the maximum and minimum limits set in Article 58.Tuttavia in cases of exceptional importance in relation to the special nature of the dispute, when the inherent value of the warrants , the court may exceed the maximum limit, it is also on his right, where the case is easy to deal with, to award the fees below the minimum. In these cases, the Judge's decision must be motivata.Le same rules apply in arbitrations. Article 61
Art 61.L 'the lawyer against his client, in both judicial and court, is determined, unless special covenant, according to the criteria of Article. 57, taking into account the severity and number of the issues trattate.Tale fee, depending on the specialty of the dispute or the value or outcome of work early, it may be even greater than that paid by the party convicted in the spese.Fermo provisions of Articles. 4:07 RDL of August 7, 1936, No 1531, the court order, lawyers may seek a decree of injunction in comparison of its customers to the court for the district which is the book in which they are registered, follow the rules on jurisdiction for value (1). The conventions to the contrary must be reduced to writing. (1) (1) Paragraph added by Article. 1 No 21, l. March 23, 1940, No 254. Article 62
Art 62.Quando more lawyers have agreed to simultaneously work in the interests of their own party, everyone is entitled to the latter, in their fees, subject to the reduction that was deemed fair in relation to the competition other avvocati.La same rule applies in criminal trials. Article 63
Art 63.Ai [prosecutors] that before the special courts in criminal cases and do the work of attorney's fees that are due onus (1). (1) The term "Attorney legal, "in this Article shall be read replaced by the term" lawyer "for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 64
Art 64.Gli fees and other rights in the [prosecutors] are determined by the general rules of the tariff table and joined the RDL October 27, 1918, No 1774, and subsequent amendments (1). The rates for determining fees and other rights of the [prosecutors] can be reviewed every five years by the Minister of Justice, after consultation with the National Council (2). (1 ) See, now, dm October 5, 1994, No 585. Article 65
Art 65.Le expenses and fees of arbitration, unless they are taxed at the sentence, shall be settled by the President of the Court in whose area the sentence was depositata.Il President of the Court shall decree ordering the debtor to fulfill the ' term debt in the aims and purpose within the same time warning him that he may appeal before the Tribunale.L 'appeal is brought by writ of summons served on other parties interessate.Si the rules of proceedings for an injunction. Article 66
Art 66.Gli lawyers [and prosecutors] can not believe the acts of the case and the records received from customers for not paying the fees and rights due to them or for non-repayment of the costs they anticipate.Su complaint concerned the Council of the lawyer orders [or the prosecutor] to file documents and documents in place, and endeavor to the amicable settlement of controversia.Nel where he manages the reconciliation report is drawn up which has value, in effect, of res judicata. The conciliation report was lodged at the Local Court, which you shall give a copy in the form esecutiva.Se reconciliation has taken place, customers can not withdraw because of the acts and writings before the Bar Council has undertaken ascertainment expenditure and clearance of onorari.Nei cases of emergency, the President of the Council may adopt all measures that apply to accommodate the legitimate interests of the lawyer [or the prosecutor] with those of cliente.Le arrangements for the deposit of acts in the case provided in paragraph two, shall be established by subsequent rulings to be issued pursuant to art. 101 (1). (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 67
Art 67.Nel period of three years the death of the lawyer [or attorney] his heirs may exercise the special rules governing the reimbursement of expenses and payment of fees (1). (1) The term "solicitor" in this Article shall be construed replaced with the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 68
Art 68.Quando a case is settled, all parties are jointly and severally obligated to pay transaction fees and reimbursement of expenses of the lawyers [and prosecutors] who participated in the proceedings of the last three years were still creditors for the same proceedings. (1) (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 69
Art 69.Il period of practice required for admission to the examinations is reduced to three months for ex-combatants have been registered to practice before the same date of entry into force of this period decreto.Tale is reduced to one year for veterans who enroll for the practice with effect from that date. Article 70
Art 70.Gli ex-combatants who have completed or achieve examining the suitability of [prosecutor] may be enrolled in the unrestricted number (1). (1) The term "solicitor" in this Article shall be read replaced by the word "attorney" as a result of 'Art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 71 Article 71.I
prosecutors law graduates ex-combatants may be registered lawyers after four years of professional practice, or be admitted to the bar exam after a year of operation of procuratore.I [prosecutors] ex-combatants enrolled in the first entry Law entered into force December 22, 1932, No 1674, may be registered lawyers after three years of professional practice (1) (2). (1) Article replaced by art. 1 No 22, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 72
Art 72.Gli lawyers ex-combatants may be included in the special foreseen in art. 33 after four years of professional practice (1). This limit is reduced to three years for of ex-combatants registered lawyers before the date of entry into force of this decree. (1) Term as low art. 1, second paragraph, l. May 28, 1936, No 1003. Article 73
Art 73.Per the effects of this decree shall be considered ex-combatants awarded the medal of military valor, the maimed, the disabled of war who have contracted disability in the area of \u200b\u200boperations, the wounded in combat have been authorized to display the special badge, volunteers belonging to the weapons of war fighters who have earned a special medal of merit, and all those who, for at least a year during the war of 1915-1918, have provided service, such as military or assimilated into combat units pursuant to art. 41, second paragraph, of Royal Decree 30 September 1922, No 1290, and art. 1 RDL December 18, 1922, No 1637, or under foreseeable conditions in art. RDL 6 of 27 October 1922, No 1462, as amended by that article. 1 RDL December 18, 1922, No 1637.
Article 74 Article 74. (Omitted). (1) (a) Article be deemed repealed by the abolition of the National Fascist Party, ordered by rdl August 2, 1943, No 704.
Article 75 Article 75. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 76
Article 76. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 77 Article 77. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 78 Article 78. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 79 Article 79. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 80 Article 80. (Omitted) (1) (1). According to d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 81 Article 81. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 82 Article 82. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 83 Article 83. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 84 Article 84. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 85 Article 85. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 86 Article 86. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 87 Article 87. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 88 Article 88. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 89 Article 89. (Omitted). (1) (a) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness.
Article 90 Article 90. (Omitted) (1). (A) Under the d.lg.cps November 28, 1947, No 1430 the provisions of this Article have lost their effectiveness. Article 91
Art 91.Alle professions of lawyer [and prosecutor] does not apply the rules governing the qualification of specialists in various branches of professional practice. (1) (1) The term "solicitor", contained in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 92
Art 92.È given the opportunity to establish councils of special taxes for advice on settlements and lawyers' fees for the issuance of certificates and copies of papers and documents relating to disciplinary proceedings. The proceeds of these taxes is attributed to Consigli.Le deliberations on the expected rate in the previous paragraph must be approved by the first President of the Court of Appeal, after consulting the Bar Council and, once approved, are communicated by the Council, the Ministers of Justice and Labour and Social Welfare. Those of the National Council lawyers must be approved by the Minister of Justice and shall, by the same National Council, the Minister of Labour and Social Welfare. Can not be imposed any fee for registration in professional rolls and registers of practitioners. Article 93 Article 93.I
Candidate Exam [prosecutor] who obtain eligibility and enrollment on the right to have unrestricted number are not included in the rankings to be formed in accordance with art. 23. They are included in a separate list, which is signed by the President of the jury and the segretario.Per entries in the register of [prosecutors] are applicable for an unlimited number the provisions of Article. 31 (1). (1) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 94
Art 94.Salvo what is in art. 16, second paragraph, retain the registration rolls in the lawyers [and prosecutors] that achieved in accordance with law prior to March 25, 1926, No 453.L 'incompatibility scheduled art. 3, second paragraph does not apply to employees of [the offices of the Civil List] (1), the great teaching of Knightly orders of the Senate and House of Representatives, members in the books before the date of entry into force of Law March 25, 1926, No 453. (Omitted) (2) (3). (1) The establishment of the civil list is intended to be deleted because of the change in the institutional form of the state. (2) repealed by Comma. 2, l. November 23, 1939, No 1949. (3) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 95
Art 95.Gli lawyers enrolled in prior to the date of entry into force of Law March 25, 1926, No 453, preserved, even if not enrolled in special in the art. 33, the right of audience before the High Court of public waters, the Court of Auditors in the courts, the Supreme Military Court and the Central Board for Direct Taxes. Equal capacity is acknowledged to prosecutors entered in the register before the date above. (1) For the lawyers mentioned in the preceding paragraph, the period of professional practice for the inclusion in the special is set for five years. (1) The High Court of public waters is now deleted article. 1 dl November 11, 2002, No 251, with effect until sixty days from the date of entry into force of the law on conversion.
Article 96 Article 96. (Omitted) (1). (1) Article repealed by implication. 1, l. February 24, 1997, No 27. Article 97
Art 97.Il period of work done before the date of entry into force of this decree shall be calculated for the performance of the practice prescribed by decree medesimo.Coloro who were enrolled for the practice of [prosecutor] ol 'were made before the entry into force of Law March 25, 1926, No 453, prosecutors are entitled to enrollment on an unlimited number provided they have the requisite qualifications examining attorney or achieve by December 31 1935.Coloro that have been registered to practice as a lawyer before the date of entry into force of this decree shall be eligible for the competition to that of a prosecutor and lawyer, respectively, after two or four years of practice. To this end, those who at the date of entry into force of this decree have not completed the required period may continue in practice as a lawyer according to the rules already in vigore.L 'admission to the bar exam under the preceding paragraph is allowed up to 31 December 1942 (1). For the effects of inclusion in the register of lawyers is invalid examining attorney argued before the date of entry into force of this decree, if the fitness has been achieved. (2) (1) Paragraph replaced by art. 1 No 24, l. March 23, 1940, No 254. (2) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors). Article 98 Article 98.I
seminars and other institutions made with the University of the Republic who have been already recognized the effects of the practice as a lawyer are certainly entitled to set up courses for the practice of attorney pursuant to art. 18, first paragraph.
Article 99 Article 99. (Omitted) (1). (1) Provision no longer has legal force. Article 100
Art 100.Le rules for the determination of attorney's fees, in force today, will be effective until the entry into force of the new Code of Civil Procedure (1). (1) Article replaced by art. 1 No 25, l. March 23, 1940, No 254. Article 101
Art 101.Il this decree shall enter into force on 1 February 1934, subject to the provisions of the following subparagraphs of Article. 98 subsections and the first, fourth and sixth Article. 99, the entry into force will take place with the publication of the decree in the Official Gazette of the Republic Italian. With subsequent decrees, heard the Council of Ministers, on proposal of the Minister of Justice, in consultation with the Ministers for Finance and Labour and Social Security will be issued the rules for the functioning of the Councils of the Bar [and prosecutors] for the exercise of the powers of professional bodies and discipline of members, and those relating to proceedings before the Bar Council for lawyers [and prosecutors] and all other provisions as may be needed to integrate and implement this Decree leggi.Le and coordination with other provisions approved by Royal Decree 26 August 1926, No 1683, will continue to be applied mutatis mutandis with those of this Decree and with others that will be issued in terms of subsection precedente.Questo decree will be submitted to parliament for its conversion into law, and the Minister is proposing to authorized presentation of the relevant bill (1). (1 ) The term "solicitor" in this Article shall be read replaced by the term "lawyer" for purposes of art. 3, l. February 24, 1997, No 27 (suppression of the register of solicitors).
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