Procedural sanction as a tool to address deviations affecting the rights of the accused

Abstract

Procedural sanctions are among the most important guarantees of procedural law (civil or criminal). They constitute the instrument ensuring respect for legal rules governing procedural acts. They represent the negative legal consequence resulting from the violation of procedural rules, and their objective is to protect the rights of litigants and ensure the proper administration of justice.
Procedural sanctions take various forms depending on the nature of the violation, most notably nullity, forfeiture, inadmissibility, and non-existence. They aim to achieve several functions, including deterrence, protection, and organization of litigation.
Since procedural sanctions are not an end in themselves but a means to ensure fair and orderly judicial proceedings, preventing form from prevailing over substance, the law has surrounded them with safeguards such as legality of procedure, achievement of purpose, and prohibition of abuse of rights.