Lawyer Cristina Cuibuș from SCA Trifan, Cuibuș, Bălan participated in the Congress of Lawyers organized in Bucharest on June 9 – 10, 2023 as a member elected by the lawyers of the Cluj Bar.
The meeting of lawyers will bring with it a series of proposals for legislative changes, during the meetings topics of interest such as: • compliance with the adversarial principle regarding the reduction of lawyers’ fees by the courts to the detriment of litigants; • litigants to benefit from facilities for the payment of stamp duties in cases in which they are assisted or represented by a lawyer or to benefit from facilities for the payment of legal expenses in the following situations: – in civil cases settled by the confirmation of a transaction drawn up by a lawyer or – in criminal cases in which the defendants, who benefit from qualified legal assistance, request a trial in the procedure in the case of admission of guilt or enter into an agreement to admit guilt under the terms of the law; • extending the rule regarding mandatory assistance by a lawyer [art. 90, para. (1), lit. c) Criminal Procedure Code] – for offenses with a prison sentence of more than 5 years – and in the criminal prosecution phase; • reducing the punishment limit from 5 to 4 years for crimes in which assistance by a lawyer is mandatory, taking into account the reduction of punishment limits for many crimes for which assistance was mandatory in the old Code of Criminal Procedure; • configuration of the practice area of lawyers for the recovery of areas affected by other legal professions and the identification of some methods of supporting the professional lawyer; • adapting the legislation regulating pension rights and other social security rights to the new realities of the profession – adapting the legislation regarding occupational diseases to the new socio-professional realities; • analyzing the current system for obtaining ORNISS certificates by the lawyer in order to satisfy the demands of equality of arms in the process and the intention of the lawyer; • adopting institutional measures to improve the relationship with the judicial system; • measures regarding the improvement of the protocol regarding the fees due to ex officio lawyers; • proposal to amend some rules regarding the right to recovery of the lawyer’s work capacity; • identifying a mechanism to ensure a balance in the collective management bodies in terms of equal opportunities between men and women at the level of Bar Associations and at the level of the National Union of Bar Associations in Romania
