The opinion given or the opinion expressed must relate

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6. Now, in the case of the consultation, the report that the expert offered in the judicial inquiry served as the basis for the indictments. This report did not leave unexamined any point regarding the merits of the case. And it concluded that the defendants in the civil cases were entirely responsible. How impartial could this expert have been to say here the opposite of what he said there? Does this expert not have an interest in showing that he was not rash in his statements? Does he not fear the consequences of reversing the judgment already expressed? Is he beyond human contingencies, not having the self-esteem of his opinions? For it is precisely based on such considerations that the doctrine declares that he who has already prejudged the case is prevented, due to evident interest. RICCI, “Codice di procedura civile”, vol. 1, 2nd ed., no. 245, page 207, observes:

“Self-love acts equally on the judge’s mind, as do affection, hatred and interest. The party, therefore, would be exposed to unfairly losing the case, just because the judge, unable to overcome his self-love, persevered bulk sms colombia in the erroneous opinion previously expressed.”

“The opinion given or the opinion expressed must relate to the case in question, and not to the question of law considered in the abstract. Therefore, if a judge in one of his works has interpreted a point of law on which a controversy subsequently arises before him, it would be injurious to propose its refusal, because that opinion, being given in the interest of science, it is to be admitted that the judge gave it with full conviction that it served the truth, and not the interests of Titius rather than those of Sempronius. The judge who heard the case in the first instance can be refused in the appeal. This is obvious. The judges of appeal are called to correct the errors of the first judges, when they have committed them: is it not, therefore, repugnant that a man should be called to publicly correct his error?”