Official Gazette, No. 18/93; 24/01; 54/08

VIII B DISCIPLINARY PROCEEDINGS

Article 68

Proceedings before a disciplinary commission of first instance shall be instituted at the request of a disciplinary prosecutor for the institution of disciplinary proceedings.

A disciplinary prosecutor shall request the institution of disciplinary proceedings if he/she has been informed of facts and evidence which give grounds for suspicion that a lawyer, candidate lawyer or trainee lawyer has violated the provisions of this Act, no later than 30 days from the date on which the disciplinary prosecutor learnt of the violation.

In his/her request for the institution of disciplinary proceedings, the disciplinary prosecutor shall define the violation of duty, state the facts and submit evidence that is to be taken in the disciplinary proceedings.

At the request of the president of the Court, the minister responsible for justice, or the human rights ombudsman with the consent of the person whose human rights or fundamental freedoms he/she is protecting in a particular case before state authorities, local community authorities and bearers of public authority, the disciplinary prosecutor shall be obliged to request the institution of disciplinary proceedings within 30 days of receipt of the request at the latest.

Article 68f

Any appeal against the decision of the disciplinary commission of first instance shall be lodged within 15 days of receipt of the decision.

An appeal may be lodged by the lawyer, candidate lawyer or trainee lawyer who is subject to disciplinary proceedings, or by the disciplinary prosecutor. An appeal may also be lodged by the president of the Court, the minister responsible for justice, or the human rights ombudsman with the consent of the person whose human rights or fundamental freedoms he/she is protecting in a particular case before state authorities, local community authorities and bearers of public authority, if in a particular case a request has been made for the institution of disciplinary proceedings.

The disciplinary commission of second instance shall take a decision on the appeal at a session, and without a hearing, within 60 days of receipt of the appeal at the latest.

Article 68g

An appeal against the decision of the disciplinary commission of second instance, by which the disciplinary measure of denial of the right to practise law or to work in a law office has been imposed on a lawyer, candidate lawyer or trainee lawyer due to serious disciplinary violations committed, may be lodged within 30 days of receipt of the decision.An appeal may be lodged by the lawyer, candidate lawyer or trainee lawyer who is subject to disciplinary proceedings, or by the disciplinary prosecutor. An appeal may also be lodged by the president of the Court, the minister responsible for justice, or the human rights ombudsman with the consent of the person whose human rights or fundamental freedoms he/she is protecting in a particular case before state authorities, local community authorities and bearers of public authority, if in a particular case a request has been made for the institution of disciplinary proceedings.A disciplinary court shall take a decision on the appeal at a session, and without a hearing, within 60 days of receipt of the appeal at the latest.