Purpose and nature of sanctions

Exemptions are available under specific conditions and procedures (e.g. funds necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment.

The EU has developed and updated a paper entitled EU Best Practices for the Effective Implementation of Restrictive Measures giving practical guidance and recommendations on issues arising in the implementation of financial sanctions.

5.3 Restrictions on admission (Visa or travel ban)

Third country nationals can be subjected to a ban on admission into the EU, in accordance with the objectives described at 1 above. Member States are called upon to take all the necessary measures to prevent the entry into, or transit through, their territories of the listed persons. As a general rule, the legal instrument imposing such restrictions will allow for exemptions from the visa or travel ban on humanitarian and other grounds or in order to comply with obligations of a Member State under international law. Restrictions on admission do not oblige a Member State to refuse its own nationals entry into its territory.

6. Lawyers Sanctions in Public International Law

6.1 Scope

A disciplinary sanction is imposed on a lawyer upon a finding or acknowledgment that the lawyer has engaged in professional misconduct.

6.2 Disbarment

Disbarment terminates the individual's status as a lawyer. Where disbarment is not permanent, procedures should be established for a lawyer who has been disbarred to apply for readmission, provided that: (1) no application should be considered for five years from the effective date of disbarment; and

(2) the petitioner must show by clear and convincing evidence:

(a) successful completion of the bar examination;

(b) compliance with all applicable discipline or disability orders or rules; and

(c) rehabilitation and fitness to practice law.

6.3 Suspension

Suspension is the removal of a lawyer from the practice of law for a specified minimum period of time. Generally, suspension should be for a period of time equal to or greater than six months, but in no event should the time period prior to application for reinstatement be more than three years. Procedures should be established to allow a suspended lawyer to apply for reinstatement, but a lawyer who has been suspended should not be permitted to return to practice until he has completed a reinstatement process demonstrating rehabilitation, compliance with all applicable discipline or disability orders and rules, and fitness to practice law.COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS

Interim Suspension

Interim suspension is the temporary suspension of a lawyer from the practice of law pending imposition of final discipline. Interim suspension includes: (a) suspension upon conviction of a “serious crime” or,

(b) suspension when the lawyer's continuing conduct is or is likely to cause immediate and serious injury to a client or the public.

Reprimand

Reprimand, also known as censure or public censure, is a form of public discipline which declares the conduct of the lawyer improper, but does not limit the lawyer's right to practice.

Admonition

Admonition, also known as private reprimand, is a form of non-public discipline which declares the conduct of the lawyer improper, but does not limit the lawyer's right to practice.

Probation

Probation is a sanction that allows a lawyer to practice law under specified conditions. Probation can be imposed alone or in conjunction with a reprimand or an admonition; probation can also be imposed as a condition of readmission or reinstatement.

Other Sanctions and Remedies

Other sanctions and remedies which may be imposed include:

(a) restitution,

(b) assessment of costs,

(c) limitation upon practice,

(d) appointment of a receiver,

(e) requirement that the lawyer take the bar examination or professional responsibility examination,

(f) requirement that the lawyer attend continuing education courses, and

(g) other requirements that the state's highest court or disciplinary board deems consistent with the purposes of lawyer sanctions.

Reciprocal Discipline

Reciprocal discipline is the imposition of a disciplinary sanction for conduct for which a lawyer has been disciplined in another jurisdiction.

Readmission and Reinstatement

In jurisdictions where disbarment is not permanent, procedures should be established to allow a disbarred lawyer to apply for readmission. Procedures should be established to allow a suspended lawyer to apply for reinstatement.

Factors to be considered in imposing sanctions

Generally

In imposing a sanction after a finding of lawyer misconduct, a court should consider the following factors:

(a) the duty violated;

(b) the lawyer's mental state; and

(c) the actual or potential injury caused by the lawyer's misconduct; and

(d) the existence of aggravating or mitigating factors.

6.4 Violations of Duties Owed to Clients

Failure to Preserve the Client's Property

Absent aggravating or mitigating circumstances, upon application of the factors set out in 6.11.1., the following sanctions are generally appropriate in cases involving the failure to preserve client property:

1) Disbarment is generally appropriate when a lawyer knowingly converts client property and causes injury or potential injury to a client.

2) Suspension is generally appropriate when a lawyer knows or should know that he is dealing improperly with client property and causes injury or potential injury to a client.

3) Reprimand is generally appropriate when a lawyer is negligent in dealing with client property and causes injury or potential injury to a client.

4) Admonition is generally appropriate when a lawyer is negligent in dealing with client property and causes little or no actual or potential injury to a client.

Failure to Preserve the Client's Confidences

Absent aggravating or mitigating circumstances, upon application of the factors set out in 6.11.1., the following sanctions are generally appropriate in cases involving the failure to preserve client property:

1) Disbarment is generally appropriate when a lawyer, with the intent to benefit the lawyer or another, knowingly reveals information relating to representation of a client not otherwise lawfully permitted to be disclosed, and this disclosure causes injury or potential injury to a client.

2) Suspension is generally appropriate when a lawyer knowingly reveals information relating to the representation of a client not otherwise lawfully permitted to be disclosed, and this disclosure causes injury or potential injury to a client.

3) Reprimand is generally appropriate when a lawyer negligently reveals information relating to representation of a client not otherwise lawfully permitted to be disclosed and this disclosure causes injury or potential injury to a client.

4) Admonition is generally appropriate when a lawyer negligently reveals information relating to representation of a client not otherwise lawfully permitted to be disclosed and this disclosure causes little or no actual or potential injury to a client. Violations of Duties Owed to Clients

Failure to Avoid Conflicts of Interest

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 6.11.1., the following sanctions are generally appropriate in cases involving conflicts of interest:

Disbarment is generally appropriate when a lawyer, without the informed consent of client(s):

(a) engages in representation of a client knowing that the lawyer's interests are adverse to the client's with the intent to benefit the lawyer or another, and causes serious or potentially serious injury to the client; or

(b) simultaneously represents clients that the lawyer knows have adverse interests with the intent to benefit the lawyer or another, and causes serious or potentially serious injury to a client; or

(c) represents a client in a matter substantially related to a matter in which the interests of a present or former client are materially adverse, and knowingly uses information relating to the representation of a client with the intent to benefit the lawyer or another, and causes serious or potentially serious injury to a client.

Suspension is generally appropriate when a lawyer knows of a conflict of interest and does not fully disclose to a client the possible effect of that conflict, and causes injury or potential injury to a client.

Reprimand is generally appropriate when a lawyer is negligent in determining whether the representation of a client may be materially affected by the lawyer's own interests, or whether the representation will adversely affect another client, and causes injury or potential injury to a client.

Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in determining whether the representation of a client may be materially affected by the lawyer's own interests, or whether the representation will adversely affect another client, and causes little or no actual or potential injury to a client.

Lack of Diligence

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 6.11.1., the following sanctions are generally appropriate in cases involving a failure to act with reasonable diligence and promptness in representing a client:

Disbarment is generally appropriate when:

(a) a lawyer abandons the practice and causes serious or potentially serious injury to a client; or

(b) a lawyer knowingly fails to perform services for a client and causes serious or potentially serious injury to a client; or

(c) a lawyer engages in a pattern of neglect with respect to client matters and causes serious or potentially serious injury to a client.

Suspension is generally appropriate when: (a) a lawyer knowingly fails to perform services for a client and causes injury or potential injury to a client; or

(b) a lawyer engages in a pattern of neglect and causes injury or potential injury to a client.

Reprimand is generally appropriate when a lawyer is negligent and does not act with reasonable diligence in representing a client, and causes injury or potential injury to a client.

Admonition is generally appropriate when a lawyer is negligent and does not act with reasonable diligence in representing a client, and causes little or no actual or potential injury to a client.

Lack of Competence

Absent aggravating or mitigating circumstances, upon application of the factor set out in Standard 6.11.1., the following sanctions are generally appropriate in cases involving failure to provide competent representation to a client:

Disbarment is generally appropriate when a lawyer's course of conduct demonstrates that the lawyer does not understand the most fundamental legal doctrines or procedures, and the lawyer's conduct causes injury or potential injury to a client.

Suspension is generally appropriate when a lawyer engages in an area of practice in which the lawyer knows he or she is not competent, and causes injury or potential injury to a client.

Reprimand is generally appropriate when a lawyer:

(a) demonstrates failure to understand relevant legal doctrines or procedures and causes injury or potential injury to a client; or

(b) is negligent in determining whether he or she is competent to handle a legal matter and causes injury or potential injury to a client.

Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in determining whether he or she is competent to handle a legal matter, and causes little or no actual or potential injury to a client.

Lack of Candor

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 6.11.1., the following sanctions are generally appropriate in cases where the lawyer engages in fraud, deceit, misrepresentation directed toward a client:

Disbarment is generally appropriate when a lawyer knowingly deceives a client with the intent to benefit the lawyer or another, and causes serious injury or potentially serious injury to a client.

Suspension is generally appropriate when a lawyer knowingly deceives a client, and causes injury or potential injury to the client.

Reprimand is generally appropriate when a lawyer negligently fails to provide a client with accurate or complete information, and causes injury or potential injury to the client.

Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in failing to provide a client with accurate or complete information, and causes little or no actual or potential injury to the client.

6.5 Violations of Duties Owed to the Public

Failure to Maintain Personal Integrity

Absent aggravating or mitigating circumstances, upon application of the facts set out in Standard 6.11.1., the following sanctions are generally appropriate in cases involving commission of a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects, or in cases with conduct involving dishonesty, fraud, deceit, or misrepresentation:

Disbarment is generally appropriate when:

(a) a lawyer engages in serious criminal conduct, a necessary element of which includes intentional interference with the administration of justice, false swearing, misrepresentation, fraud, extortion, misappropriation, or theft; or the sale, distribution or importation of controlled substances; or the intentional killing of another; or an attempt or conspiracy or solicitation of another to commit any of these offenses; or (b) a lawyer engages in any other intentional conduct involving dishonesty, fraud, deceit, or misrepresentation that seriously adversely reflects on the lawyer's fitness to practice.

Suspension is generally appropriate when a lawyer knowingly engages in criminal conduct which does not contain the elements listed in Standard (a) and that seriously adversely reflects on the lawyer's fitness to practice.

Reprimand is generally appropriate when a lawyer knowingly engages in any other conduct that involves dishonesty, fraud, deceit, or misrepresentation and that adversely reflects on the lawyer's fitness to practice law.

Admonition is generally appropriate when a lawyer engages in any other conduct that reflects adversely on the lawyer's fitness to practice law.

Failure to Maintain the Public Trust

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 6.11.1., the following sanctions are generally appropriate in cases involving public officials who engage in conduct that is prejudicial to the administration of justice or who state or imply an ability to influence improperly a government agency or official:

Disbarment is generally appropriate when a lawyer in an official or governmental position knowingly misuses the position with the intent to obtain a significant benefit or advantage for himself or another, or with the intent to cause serious or potentially serious injury to a party or to the integrity of the legal process.

Suspension is generally appropriate when a lawyer in an official or governmental position knowingly fails to follow proper procedures or rules, and causes injury or potential injury to a party or to the integrity of the legal process.

Reprimand is generally appropriate when a lawyer in an official or governmental position negligently fails to follow proper procedures or rules, and causes injury or potential injury to a party or to the integrity of the legal process.

Admonition is generally appropriate when a lawyer in an official or governmental position engages in an isolated instance of negligence in not following proper procedures or rules, and causes little or no actual or potential injury to a party or to the integrity of the legal process.

Conclusion

The term, "sanction," is very broad in law. The meaning is usually dependent on the context in which the word is used. Generally, sanctions are penalties meted against someone found guilty of wrongdoing. The essence of sanctions is to deter would-be offenders from breaking the law. Although the term generally has negative connotations, it is also used in the positive context in law.

You're sanctioned when found guilty of a crime. The level of punishment is dependent on the gravity of the crime. It serves to deter criminal behavior by meting clear consequences for engaging in crime. If you're guilty in a criminal trial include death penalty, a lengthy prison sentence, probation, community service or a fine, based on the nature of the crime.

In a civil case, sanction refers to a monetary penalty you pay if found in violation. You're usually ordered to pay a certain amount of money in a civil case as punishment when you're convicted. Sanctions can also be used against lawyers or parties to a case, when they abuse the judicial process or act inappropriately. They could be sanctioned for failing to adhere to proper decorum in court, or filing a frivolous lawsuit, for instance.

A judge could also issue sanctions in a legal proceeding for an issue completely unrelated to the case. The sanctions might be issued for a crime that doesn't warrant a case on its own. It is also worth noting that sanction could also be used in a positive context. In most states, for instance, the law sanctions the use of a firearms in self defense.

Sanctions are used to punish a country violating international law. North Korea and Iran are under international sanctions as of 2011 for their nuclear projects, in violation of international law. The sanctions could be in form of an arms embargo, for an aggressive nation, or a country using arms to oppress its own people. Other countries are sanctioned economically. The purpose of international sanctions is to coerce a country to behave in a certain way. One country may sanction another country if the sanctioning country feels as if another country is being non-compliant with rules of conduct. This sanction may be forceful (military can strike), or non-forceful, with diplomatic efforts, such as severing relations, filing protest with United Nations, cutting off financial ties or creating trade embargoes.

References

1) West's Encyclopedia of American Law, edition 2., Copyright 2008, The Gale Group, available at: legal-dictionary.thefreedictionary.com/sanction

2) West's Encyclopedia of American Law: Sanction, available at: http://www.answers.com/topic/sanction

3) INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS

4) Sharyn L. Roach Anleu, THE ROLE OF CIVIL SANCTIONS IN SOCIAL CONTROL: A SOCIO-LEGAL EXAMINATION

5) WHITE PAPER ON CRIME, Discussion Document No. 2, February 2010

6) See the following two reports of the Secretary-General published during 2001: United Nations Security Council, Report of the Secretary-General on the Humanitarian Implications of the Measures Imposed by Security Council Resolutions1267 (1999) and 1333 (2000) on Afghanistan, UN Doc. S/2001/695 (New York: United Nations, 13 July 2001); United Nations Security Council, Report of the Secretary-General on the Humanitarian Implications of the Measures Imposed by Security Council Resolutions 1267 (1999) and 1333 (2000) on the Territory of Afghanistan under Taliban Control, UN Doc.S/2001/1215 (New York: United Nations, 18 December 2001).

7) Manuel Bessler, Richard Garfield, Gerard Mc Hugh Sanctions Assessment Handbook, Assessing the Humanitarian Implication of Sanctions (produced by United Nations, Inter-Agency Standing Committee, October 2004)

8) The Thomas J. Watson Jr. Institute for International Studies, Targeted Financial Sanctions: A Manual for Design and Implementation--Contributions from the Interlaken Process (Providence, R.I.: The Thomas J. Watson Jr. Institute for International Studies, October 2001).

9) Michael Brzoska, ed., Design and Implementation of Arms Embargoes and Travel and Aviation Related Sanctions: Results of the “Bonn-Berlin Process” (Bonn: Bonn International Center for Conversion, 2001).

10) Peter Wallensteen et al., ed., Making Targeted Sanctions Effective: Guidelines for the Implementation of UN Policy Options [Final Report on the Stockholm Process on the Implementation of Targeted Sanctions] (Uppsala: Department of Peace and Conflict Research, Uppsala University, 2003).

11) For more on the concept and applications of human security, see, for example: The Commission on Human Security (CHS), Human Security Now (Final Report of the Commission on Human Security) (New York: Commission on Human Security, 2003); see also: Kanti Bajpai, Human Security: Concept and Measurement, Occasional Paper No. 19 of the Joan B. Kroc Institute for International Peace Studies, University of Notre Dame, August 2000.

12) The inclusion of education in the core cluster mirrors the increased role education has played in considerations of basic conditions of life, especially for children, in recent years. See, for example, Graзa Machel, The Impact of Armed Conflict on Children: A Critical Review of Progress Made and Obstacles Encountered in Increasing Protection for War-affected Children, International Conference on War-affected Children, Winnipeg, Canada, September 2000, p. 27.

13) European Commission - Restrictive measures, Text completed in Spring 2008

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