The technical consultant (known in Italy as C.T.U.) plays a supporting role for the judge whenever a specific technical knowledge is required in the course of an act or during the whole legal process. The final task of the technical consultant is to answer with clarity and competence to the questions made by the court with possible additional clarifications (art. 62 c.p.c.). The technical evaluation (called “perizia” in italian) is commonly used also in the civil field as a synonym of consultancy. The technical evaluation prepared during a criminal complaint can assume a very much different value, not as “opinion” but as “proof”. The technical assessment in the civil field acquires an instrumental and optional function as the judge can decide to take into consideration or not the opinion of the technical consultant. In summary, the activities referred to the technical consultant can be considered as a multi-disciplinary comparison between the rule of law and the social science, as well as an integration to the task of the judge who acts as the final decision-maker.
The sided technical consulting (known in Italy as C.T.P.) is a type of consulting requested to a technician, for the sector of interest and for a proceeding, which should be performed by experts. The sided technical consultant, besides assisting the judge’s technical consultant in all operations, takes part to the hearing and to the council chamber each time the judge’s consultant takes part itself, in order to clarify and expose his observations about the technical surveys. The one-sided technical consultancy is provided to sustain what is declared in the dissertation made by the clients, always in accordance with the activities and dispositions previously set out by the legal representative as the process holder. The sided technical consultant must guarantee to his client that what is assessed by the C.T.U. really corresponds to reality. In addition, he must safeguard the interests of the client with focused observations and possible critics to the result achieved by the C.T.U. itself.
It is a document composed of an articulated text, numerical parts but also graphics and figures which is drafted to represent a complete and comprehensive description of the estimated building artifact and, therefore, to evaluate its commercial and economical nature. All intrinsic and extrinsic features of the building artifact as well as the adopted estimation criteria are collected in the evaluation report.