Defined by the Dictionary of the Spanish Language as " Help, aid, protection", so that judicial assistance can be defined as the help provided by judicial authorities.
Following the Professor of Procedural Law Mr. José María Asencio Mellado on multiple occasions, the Courts before which a procedure is carried out cannot by themselves carry out certain procedural acts, either because they are jurisdictional matters of another court or Owing take place outside the territory in which they exercise their jurisdiction. In such cases it is necessary to request the collaboration of different Courts.
Forms of judicial assistance.
Legal assistance itself: it is called commission and it is nothing other than the collaboration that the courts provide with each other and to which the provisions contained in arts. 234 and 235 of the CPC. It materializes in three ways:
Dispatch: when a higher court commissions one of lower hierarchy (Arts 234 and 236 CPC).
Exhort: when they are issued between Courts of the same hierarchy (Article 235 CPC).
Petition or Rogatory: when a lower category Court is directed to a higher category (Article 188 CPC).
State Judicial Assistance: It is the one that provides other powers to the Judicial Power.
International Judicial Assistance: The Judicial Power is exhausted within the territorial limits of the respective State, which is why judicial intercommunication is necessary to carry out procedural acts in countries other than the headquarters of the judicial authority where the process is carried out. Among these forms of relief we have:
Executions: Execution is the public document that contains the sentence whose recognition is requested in another country. Our CPC establishes in Art. 850 and 851, the procedure for foreign judgments to be recognized in our country.
Diplomatic letters: judicial communication from a requesting State to a requested State, in order to obtain information, carry out investigations and execute certain procedural acts of evidence. Two types are distinguished:
- Those that refer to preventive measures on property, goods or people.
- Those that refer to simple procedural acts.
