Pregledni rad

Civil and Criminal Aspects of Unlicensed Legal Services

Dinka Šago orcid.org/0000-0002-2957-2761 ; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Ivan Vukušić ; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska

Sažetak

In this paper authors analyze the mismatch between three legal sources that each in their own unique way deals with complex thematic institute of unlicensed legal services. This is the Law of Civil Procedure (and its provisions on litigation and postulate capacity and representation), the Legal Profession Act (and its provisions on legal aid award) and the Criminal Code (and its definition of criminal offense Unlicensed Legal Service). The authors suggest that legislator should revise definition of criminal offense of Unlicensed Legal Services given in Criminal Code and believe as an absurd that criminalized elements of this offense are unauthorized and given for free, and not unprofessional providing of legal service. Therefore propose that only unprofessional legal services should be a punishable and, based on German and Austrian law, as a misdemeanor.

Ključne riječi

unlicensed legal services; legal assistance; unauthorized; incompetenc

Hrčak ID:

79895

URI

https://hrcak.srce.hr/79895

Datum izdavanja:

1.12.2011.

Podaci na drugim jezicima: hrvatski

Posjeta: 7.481 *