A warrant is a request made within the framework of a judicial procedure.
An exhortation is an official letter that a court or judge sends to another requesting collaboration for the development of a procedural act that is beyond the area of their jurisdiction . A trade, in this framework, is a written communication.
A procedural act must be voluntary and within the limits of the law . Its purpose is to conclude or develop the judicial process and it can come from the parties, the court of justice, the auxiliaries of one of these two or from third parties who have a lawful link. The three elements that make it up are subjectivity, objectivity and activity.
What is an exhortation
Exhortos are requests that are carried out during a judicial procedure . With this tool , the judge communicates with another judge in the same hierarchy to request the execution of an act that is necessary for his litigation .
Before continuing, we must briefly define the concept of judicial procedure . It is the way in which the activity of Law is carried out, and it is the dynamic element of the acts carried out by the State to apply it. Always respecting guarantees and rights, the procedure refers to the rules according to which the judicial process must be developed in everything that concerns its procedures and formalities. Its degree of complexity is very high.
The exhortation can be referred to as a procedural collaboration mechanism.
an order
What the exhortation does is request an action that is typical of the judicial function. It can be said that the sending judge needs the receiving judge to execute a procedural act , since this act is outside the scope of his jurisdiction. Since the recipient judge does have jurisdiction over that issue, the warrant allows the problem faced by the sending judge to be resolved.
The usual thing is that the issuance time for compliance with the warrant is stipulated in the legislation . It is important to note that if the recipient judge fails to comply with the terms indicated in the warrant, the sending judge is usually authorized to appeal to a higher instance and demand a sanction for the damage that the recipient judge caused him.
The exhortation is understood, in short, as a mechanism for procedural collaboration . The applicant requests the applicant to comply with certain actions that are inherent to a process and that must be carried out outside his jurisdiction. Each letter is sent through a system that ensures the constancy of its receipt.
Exhortation or letter rogatory
It should be noted that this concept is also known as a letter rogatory , although in this case there may be different nuances depending on the source. For example, this official document is issued by a court to another court located abroad to request its help in a judicial matter. In fact, it is within the framework of the so-called International Criminal Police Cooperation .
For Spanish law, the laws establish that the warrant must always be made directly by the court or tribunal that receives it, without it being able to be reproduced or transferred through other bodies midway. In this way, judicial assistance is expedited, since the intervention of third parties that could fragment the process and raise unforeseen events is avoided.
It is important to understand that the exhortation is not an order, since both judges enjoy the same hierarchy, but rather a request , as mentioned above. It also cannot be used to request information, since there is another type of office for this.
An Argentine film
“The king of exhortations” , finally, is the title of an Argentine film that was released in 1979 .
Alberto Olmedo, Susana Gimenez y Fernando Siro son los protagonistas de esta comedia que gira en torno a un abogado viudo que se especializa en divorcios.