The recent ruling No. 9925 of April 12, 2024, by the Court of Cassation has sparked an important debate on the significance of reasoning in the assessment of technical observations presented during the Technical Consultancy (C.T.U.). The Court, chaired by L. T., established that the failure to consider such observations by the trial judge may constitute a flaw in the reasoning, which can be raised in an appeal to the Supreme Court.
The central issue addressed by the Court concerns the deductibility of the omitted evaluation of technical observations made regarding the C.T.U. as provided for by Articles 360 and 132 of the Code of Civil Procedure. In particular, the Court clarified that if the trial judge adheres to the conclusions of the court-appointed expert but fails to mention the critical observations made, this may be considered a flaw in the reasoning.
Appeal to the Supreme Court - Omitted evaluation by the trial judge of observations on the C.T.U. - Deductibility under Article 360, paragraph 1, no. 4, c.p.c. in relation to Article 132, paragraph 2, no. 4, c.p.c. - Limits. In the context of an appeal to the Supreme Court, the omitted evaluation by the trial judge of technical observations made on the C.T.U. is deductible pursuant to Article 360, paragraph 1, no. 4, c.p.c., in relation to Article 132, paragraph 2, no. 4, c.p.c., if the reasoning, while adhering to the conclusions provided by the court-appointed expert, omits any mention of the observations made on those conclusions.
The implications of this ruling are significant, as they highlight the necessity for the trial judge to adequately consider and reason the critical evaluations expressed by the experts. The Court indeed emphasized how the lack of adequate reasoning could lead to a violation of the right to defense, as the parties involved might not have the opportunity to understand the logical path followed by the judge.
In conclusion, ruling No. 9925 of 2024 represents a step forward in the protection of the rights of the parties involved, highlighting the necessity for a clear and reasoned evaluation by the trial judge. It is essential for legal professionals to take note of this ruling, as it provides important guidance on how to manage technical observations in the context of the C.T.U., so that procedural errors do not occur that could compromise the right to defense. Attention to reasoning is not merely a matter of form, but of substance, fundamental to ensuring a fair trial.
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