“The judge must consider himself suspect or impeded and, if he does not do so, he may be rejected as such by either party, in the cases set out in Article 185 of the Civil Procedure Code and Articles 252 et seq. of the Criminal Procedure Code”.
It is true that this provision is not general, since it is part of the Code of Judicial Organization of the Federal District. However, emanating from the same power that drafted the Code of Civil Procedure, it bulk sms colombia is natural to admit that the legislator's thought was, in this regard, to also include the Code of Civil Procedure, since it is absolutely shocking that, in the same judicial district, the same judge may be suspect or not depending on whether the case is civil or criminal (cf. EDUARDO ESPÍNOLA FILHO, “Código de Processo Penal”, 3rd ed., vol. 2, no. 234).
5. However, there is no need to insist on this point, because the doctrine shows that the judge (and, therefore, the expert) who has already given an opinion on the subject of the case is prevented from doing so because he has a particular interest in it. LOPES DA COSTA, an excellent proceduralist, clarifies the matter in vol. 1, 2nd ed., no. 195, page 210:
The limitation period is therefore three years
-
- Posts: 246
- Joined: Tue Jan 07, 2025 4:22 am