WHAT IS A CRIMINAL WARRANT? - JOB - 2024

A criminal warrant is a procedure carried out by the judicial bodies, judge or criminal court of different jurisdiction but of the same hierarchy, in order to collaborate procedurally to obtain, through the collaboration of the petitioner, the performance of certain acts related to the process that takes place.

The requirement is that they must be carried out outside the district (or area / location of exercise) in which it performs its functions. Basically, a judicial body in use of its functions, requests help from another so that by means of this "judicial assistance" some legal action necessary for the continuation of the litigation can be carried out by the judge who sent the letter.

It must include a letter requesting them to carry out certain acts or procedures and it can also be carried out within or outside the country where the procedure is being carried out.

They are very similar to "trades". The difference is that in the case of warrants, the judge who receives them is required to carry out the request that the requesting judge is delegating, while in the official letter the procedure is carried out by the judge who sent it.

It is generally carried out to obtain testimonial evidence or expert opinions.

Classification of criminal warrants

-National: when it is addressed to a judicial authority belonging to the same country.

-International: when it is addressed to a judicial authority belonging to a different country.

-Of mere procedural steps: this type of warrant is carried out when the petitioner only needs the petitioned judicial body to carry out simple procedures such as notifications, evidence, expert opinions.

-For the execution of provisional decisions of a patrimonial nature: the execution of provisional decisions of an patrimonial nature with executive competence can only be required.

Contents of a warrant

Although it is true that all legal proceedings vary somewhat depending on the country where they are carried out, the similar characteristics that a criminal warrant and any other type must contain are:

1-Specify the appointment of both courts, both the petitioner and the petitioner.

2-Indicate the matter that causes the issuance of the warrant.

3-Specification of the different actions that the exhorted judge must carry out.

4-If there is any term that must be observed, it must be explicitly specified, indicating the date it ends.

5-In the event that some specific documents are needed to carry out the letter, express mention will be made of all of them.

Requirements for international criminal warrants

-The most important thing is to respect the supremacy of the treaties, satisfying the requirements previously stipulated by national legislation and international treaties.

-Fulfill the requirements of form, necessary inserts, stamps, detailed information and other formalities.

-Legislated by the competent and authorized body to deal with such matters in the territory where they are located.

-The expected deadlines must be met.

-They must be approved, diplomatically transmitted and legalized.

-Entrust yourself to diplomatic assistance if necessary.

-In the event that the exhorted judge determines that the documents sent do not meet the necessary requirements to process it, he has the right to return it to its source specifying the basis for the rejection.

Remission

It depends on the special procedures of each country but in general they will be sent in person by the requested body, unless there is some computer means available for this purpose and constancy of receipt must always be guaranteed.

Compliance of the parties

After the warrant was sent and that act is recorded, the requested body will be responsible for carrying out all the necessary steps to carry out the requirements specified therein within the specified period.

In the event that the summoned judge (the one who received the summons) does not comply with the duty to carry out the proceedings under the terms and deadlines set, the referring judge has the right to make a request in the higher instance, placing the order case and demand sanctions on the recipient judge for the damage caused by the lack of action on the cause.

Return of the warrant

Once all the required requirements have been completed, the judicial body must send the results of the same to the exhorting judge through the channels designated for this procedure. For example: the judicial computer system or any other that is capable of guaranteeing the constancy of the reception.

Disadvantages that may arise at the time of an Exhortation

Taking into account that the procedure will be carried out by someone else and not the judge mainly in charge, several inconveniences may occur, more than all related to testimonial evidence or expert opinions.

As the questions must be made in writing and subsequently must be approved by the Judge, the following drawbacks arise:

• It is not possible to control the direction that the answers take, especially in the case of obtaining the expected answer, it does not prove anything or that it is very generic without foundation or basis.
• It may be the case that the question is not fully understood and as they are previously established, it is not possible to reformulate them.
• There is no right to reply, there may be the need to ask new questions after obtaining the answers from the witness or expert, but it will not be possible to do so because they were already predetermined.

Other means of judicial communication in criminal matters and the difference between them

There is the coexistence of various means of communication between judicial bodies, tribunals and jurisdictions. Some of them are: exhortation, dispatch or commandment (letter - order) and letter rogatory or supplication.

The difference resides in that the warrant is a communication by means of which the judge requests another judge of the same hierarchy but different jurisdiction to comply with a certain diligence that can only be carried out in that jurisdiction.

The dispatch is a communication between a higher hierarchy court to a lower hierarchy one and the rogatory letter (supplication) is a means of communication between a lower hierarchy court to a higher hierarchy one.

References

1. Resendiz, José. “Warnings in the penal area”. Taken from rightinterpriv607.blogspot.com.
2. Sancho Durán, Javier. "Notification, summons, summons, requirement, mandate, official letter and letters." Taken from javiersancho.es.