Clasificación de los productos forestales

Part One - General

BRAO § 116 Rules of procedure and legal protection in excessively long court proceedings

(1) The following rules of procedure shall apply to a Lawyers' Disciplinary Court. The Judicature Act and the Code of Criminal Procedure shall also apply mutatis mutandis.

(2) Regarding legal protection in excessively long procedures, the provisions of Part Seventeen of the Judicature Act shall apply. The rules of the present Act which provide for the composition of the Senate for Matters concerning the Legal Profession at the Federal Supreme Court shall not apply.

BRAO § 117 Protection from arrest

A Rechtsanwalt may not be provisionally detained or arrested nor brought before court in order for disciplinary proceedings to be conducted. A Rechtsanwalt may not be sent to a psychiatric hospital in order for a report to be prepared on his/her state of mental health.

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BRAO § 117a Defence

§ 140 para. 1 nos. 1 to 3, 6 and 7 of the Code of Criminal Procedure shall not apply to the defence of a Rechtsanwalt in proceedings before a Lawyers' Disciplinary Court.

BRAO § 117b Inspection of files

The Council of the Bar and a Rechtsanwalt who is accused of a breach of duty shall have the right to inspect the files that have been submitted to the court or which would have to be submitted if a writ of accusation were to be filed. They may also view any pieces of evidence kept by the authorities. § 147 para.s 2, 3, 5 and 6 of the Code of Criminal Procedure shall apply accordingly regarding the inspection of the files by the Rechtsanwalt.

BRAO § 118 Relationship between proceedings before a Lawyers' Disciplinary Court and criminal proceedings or proceedings for the imposition of a fine

(1) If criminal proceedings before a public court are instituted against a Rechtsanwalt who has been accused of a breach of duty, proceedings before a Lawyers' Disciplinary Court may still be

instituted against this Rechtsanwalt on grounds of the same conduct, but they must be suspended until the conclusion of the criminal proceedings. If proceedings before a Lawyers' Disciplinary Court have already been commenced they must be suspended if criminal proceedings are instituted during the course of these proceedings. Proceedings before a Lawyers' Disciplinary Court shall be continued if it seems certain that the matter can be clarified so that no contradictory decisions are likely or if no hearing can be held in the criminal proceedings for personal reasons concerning the Rechtsanwalt.

(2) If the Rechtsanwalt is acquitted of a criminal offence or a breach of administrative rules in court proceedings, proceedings before a Lawyers' Disciplinary Court may only be instituted or continued on the basis of the same facts underlying the court decision, if these facts mean a breach of duty on the part of the Rechtsanwalt concerned, without there being sufficient evidence to convict the Rechtsanwalt of a criminal offence or to impose a fine

(3) The Lawyers' Disciplinary Court shall be bound by the actual findings underlying the judgment in the criminal proceedings or in the proceedings for the imposition of a fine. However such findings may be reviewed in the proceedings before the Lawyers' Disciplinary Court if a majority of the court's members have doubts concerning their accuracy; this must be stated in the reasons given for the decision taken by the Lawyers' Disciplinary Court.

(4) If proceedings before a Lawyers' Disciplinary Court are continued in accordance with para. 1 sentence 3, it shall also be permissible to re-open proceedings in which a final decision has been taken if the actual findings on which the conviction or the acquittal was based contradict the

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findings in the criminal proceedings. The petition to re-open the proceedings may be filed by the Public Prosecutor's office or by the Rechtsanwalt within one month of the judgment in the criminal proceedings becoming final.

BRAO § 118a Relationship between proceedings before a Lawyers' Disciplinary Court and proceedings before other disciplinary courts for professions

(1) If a Rechtsanwalt is also subject to the jurisdiction of another court in a disciplinary action, a matter of honour or a matter of professional ethics involving a different profession, it shall be the Lawyers' Disciplinary Court that shall take the decision regarding a breach of duty unless the breach of duty has primarily been committed in practising a different profession. This does not apply to disbarment or exclusion from the other profession.

(2) If the Public Prosecutor's office intends to institute proceedings against such a Rechtsanwalt before a Lawyers' Disciplinary Court, it shall notify this to the Public Prosecutor's office or to the authority that would be responsible for instituting proceeding against the Rechtsanwalt as a member of the other profession. If the Public Prosecutor's office or initiating authority that is responsible for the other profession intends to institute proceedings against the Rechtsanwalt, it shall notify this to the Public Prosecutor's office that would be responsible for instituting

proceedings against the Rechtsanwalt before a Lawyers' Disciplinary Court (§§ 120, 163 sentence 3).

(3) If a court in a disciplinary matter, a matter concerning a matter of honour or of professional ethics has already declared with final effect that it has or does not have jurisdiction to take a decision regarding the breach of duty by a Rechtsanwalt who may simultaneously be subject to the jurisdiction of another court in a disciplinary matter, a matter of honour or a matter of professional ethics, the other courts shall be bound by this decision.

(4) Para.s 1 to 3 do not apply to Rechtsanwälte in public service who are not allowed to practise as a Rechtsanwalt (§ 47).

(5) § 110 of the Federal Notary Code (Bundesnotarordnung) shall remain unaffected.

BRAO § 118b Suspension of proceedings before a Lawyers' Disciplinary Court

Proceedings before a Lawyers' Disciplinary Court may be suspended if a decision has to be taken in other statutory proceedings regarding a question whose assessment is of major significance for the decision in the proceedings before the Lawyers' Disciplinary Court.

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Part Two

First instance proceedings