Sanction

We explain what a sanction is, what functions it performs and what types exist. In addition, we tell you what a sanction is in legal matters.

sanction
To ensure that a law is inviolable, there must be a penalty for those who break it.

What is a sanction?

a sanction It is a punishment or reprimand that some type of authority or power exercises over a third party, as a consequence of breaking a rule violate a law or some other conduct considered contrary to common order. Sanctions can force a person, organization, or even nation to make amends for harm they have done, to change their behavior, or to take a desired action.

In the international order of nations, it is common for multilateral organizations and international powers to impose sanctions on nations that fail to comply with international legal regulations. For example, a nation that invades its neighbors may be subjected to international economic sanctions by powerful nations, to weaken its war efforts and force it to reestablish peace. These measures are often called international sanctions.

Likewise, in legal language The term “sanction” is used to refer to the authorization or solemn approval of a law, act, custom or decision that takes an authority (usually political). At the same time, the legal documents that emanate from this type of legal procedures are called “sanction.” Thus, for example, a president can enact a law to support it and put it into effect.

the word sanction comes from latin sanctionistranslatable as “law” or “decree”, and is related to sanctus (“holy”, “inviolable” or “sacred”), since in Ancient Rome the laws were endowed with a religious, sacred nature. In this way, “sanction” can be understood in its legal meaning as “to make a law inviolable or sacred.” At the same time, to ensure that a law is inviolable, there must be a punishment or “sanction” for those who break it.

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Legal sanctions normally seek to repair some violation of the law, that is, they seek to ensure that there is justice. This means that a sanction pursues three fundamental purposes:

  • Force compliance with a rule that is, forcing people to abide by what is established by law. For example, forcing taxpayers to pay taxes fairly so that the State can maintain itself.
  • Compensate for damages that is, compensate for the damage done and repair the harmed people, either through actions that restore order and justice, or through the payment of economic compensation. For example, the payment of damages that a company must make to consumers who have been affected by its products.
  • Impose exemplary punishment that is, giving an example to the rest of society so that there is moral and legal learning, and the laws are henceforth more respected, given that the consequence of violating them has been witnessed. For example, a thief is punished so that the practice does not multiply.

The sanction is part of the very principles of law, since there is no complete legal system that does not include the possibility of a sanction. The laws by which a society regulates itself are formal and must be binding, or else people could choose when to follow them and when not to follow them.

Types of sanction

Sanctions in the legal field can be of different types, depending on the type of punishment they imply and the type of regulations that entail the punishment. Thus, it is possible to distinguish between:

  • Criminal sanctions. They are the result of the violation of a law, and their name comes from the fact that they administer a penalty, that is, a formal and proportional punishment to the crime committed: a minor crime receives a minor penalty, a capital crime receives a majority penalty. Criminal law is concerned with studying the imposition of criminal sanctions, which can range from the imposition of fines and mandatory social work, to imprisonment and prison sentences.
  • civil sanctions. They are those sanctions that have the purpose of repairing a right that has been violated, returning the situation to balance and justice. They can be of type patrimonialwhen they are due to damage committed against someone's assets (that is, against their assets), and of a type extra-patrimonial when they are due to moral or psychological damage caused to someone.
  • Award sanctions. They are those that grant a benefit or “prize” to the accused, to reward behavior that collaborates with the restitution of justice, such as giving testimony, helping to clarify a case, demonstrating repentance, among others, and therefore the authority imposes a sentence. less severe than it normally would be.
  • Social sanctions. They are those that punish behaviors contrary to morality or the principles of coexistence of society, and that are not formally imposed, but are exercised by society as a whole, through rejection, ostracism or tacit exclusion. Therefore, these sanctions do not correspond to any norm or law, but are customary.
  • Economic sanctions. They are those that impose economic punishments and are especially related to international laws and the punishment of nations that violate them. Since a country cannot be judged like a person, economic sanctions are often imposed to “punish” a government that commits crimes such as promoting terrorism, invading neighboring countries, or developing nuclear or biological weapons.
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References

  • “Sanction (right)” in Wikipedia.
  • “Sanction (norm)” in Wikipedia.
  • “Sanction” in the Language Dictionary of the Royal Spanish Academy.
  • “Sanction” in Legal Encyclopedia.
  • “Radication of the word Sanción” in the Online Spanish Etymological Dictionary.
Categories Law