Comment on the Supreme Court's ruling on the questioning of opponents in a civil suit
Abstract
Given the fundamental difference between civil and criminal lawsuits, this difference in their nature has entailed a difference in the means of proof in them. Perhaps the one who examines the texts of the Code of Civil Procedure will notice that the well-known jurisprudential rule that the civil lawsuit belongs to the parties.
The judge’s role in it is negative and does not hold up well in the face of some texts in which the legislator has opened the door wide before the judge of the civil suit in order to reach the truth sought by the litigants. Rather, he - that is, the legislator - has granted the judge of the civil suit in some cases the means of proof that are prohibited to the judge of the criminal suit.
Although the latter has been granted broad powers to investigate the case, among the means granted to the civil judge and not to the criminal judge is the interrogation stipulated under the Civil and Commercial Procedures Law.
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