2020

The CTU and the principle of adversarial procedure: Do not covet another’s role

The judgement limits the investigating power of the Expert appointed by the judge who is not allowed to investigate about facts relevant for the decision that parties have not introduced in the trial. CTU in these case is void and it can be ascertained ex officio by the judge in any phase of the trial.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.