8th UN Congress 1990. UN Congresses on the Prevention of Crime and the Treatment of Offenders. Qualification, selection and training
The problems of international cooperation in the fight against criminality as social and humanitarian issues are considered by the UN Economic and Social Council. In addition, the UN General Assembly once a year, mainly in the Third Committee (on social and humanitarian issues), considers the reports of the UN Secretary General on the most important problems of international cooperation in the prevention of crime, the fight against it and the treatment of offenders. In recent years, the number of issues before the General Assembly relating to the fight against crime has increased significantly.
The UN Congress on Crime Prevention and Criminal Justice is a specialized UN conference convened once every five years. The Congress is a forum for the exchange of practical guidelines and the promotion of national and international counteraction to crime.
The legal basis for the activities of the Congress is the Resolutions of the General Assembly and ECOSOC, as well as the relevant decisions of the Congress itself. The work of the Congress is organized in accordance with the rules of procedure approved by ECOSOC.
In accordance with the rules of procedure of the Congress, the following take part in its work: 1) delegates officially appointed by governments; 2) representatives of organizations that have a standing invitation to participate as observers in the sessions and work of all international conferences convened under the auspices of the General Assembly; 3) representatives appointed by UN bodies and related agencies; 4) observers appointed by non-governmental organizations invited to the Congress; 5) individual experts invited to the Congress by the Secretary General in their personal capacity; 6) expert consultants invited by the Secretary General. If we analyze the composition of the participants and their right to make decisions, we can state that the congress currently has an interstate character, and this has been enshrined in its rules of procedure. This approach is fully justified, because the main participant in international relations is the state. The official and working languages of the Congress are Arabic, Chinese, English, French, Russian and Spanish.
Since 1955, over 50 difficult topics have been considered at the Congress. Many of them were devoted either to the problem of crime prevention, which is the direct task of this international conference as a specialized body of the UN, or to the problem of the treatment of offenders. Some of the topics dealt with the problems of combating specific offences, in particular crimes committed by minors.
A total of 12 congresses took place. The last one was held in Salvador (Brazil) on April 12 - 19, 2010. In accordance with the decision taken by the UN General Assembly, the main theme of the 12th Congress was: "Integrated Strategies to Respond to Global Challenges: Crime Prevention and Criminal Justice Systems and their development in a changing world".
The agenda of the 12th Congress included the following eight main issues.
1. Children, youth and crime.
2. Terrorism.
3. Crime prevention.
4. Migrant smuggling and human trafficking.
5. Money laundering.
6. Cybercrime.
7. International cooperation in the fight against crime.
8. Violence against migrants and their families.
Seminars on the following topics were also held within the framework of the Congress.
1. International criminal justice education in support of the rule of law.
2. An overview of UN best practices and other best practices in the treatment of prisoners within the criminal justice system.
3. Practical approaches to crime prevention in cities.
4. Links between drug trafficking and other forms of organized crime: a coordinated international response.
5. Strategies and best practices for crime prevention in prisons.
The Congress once again demonstrated its unique capabilities as a scientific-theoretical and practical world forum to combat the socio-political and economic evil - crime.
Along with the main function, the Congress also performs special functions: regulatory, control and operational.
The Congress performs its functions jointly with the Commission on Crime Prevention and Criminal Justice.
The Commission on Crime Prevention and Criminal Justice, established in 1992, inherited the main functions of the UN Committee on Crime Prevention and Control. The committee worked from 1971 to 1991. Its main task was to provide multilateral professional expertise necessary in dealing with social protection issues (paragraph 5 of ECOSOC Resolution 1584). The panel consisted of experts in their personal capacity.
In 1979, the method of consensus developed by the expert from the USSR in the Committee, Professor S.V. Borodin, first by the Commission for Social Development, and then by ECOSOC itself Resolution 1979/19, which defined the functions of the Committee. The resolution has a purposeful character and is based on the principles of the sovereign equality of states and non-interference in their internal affairs. Describing it as a whole, we can say that it reflects a balanced and real approach to two related, but independent areas: one is the fight against crime, the other is international cooperation and UN activities in combating this phenomenon. The preamble of the Resolution fixes the indisputable fact that the main responsibility for solving the problems of preventing and combating crime lies with national governments, while ECOSOC and its bodies undertake to promote international cooperation in this matter and do not undertake obligations to organize a direct fight against crime.
Resolution 1979/19 quite fully and clearly defines the main functions of the UN Committee on Crime Prevention and Control, which in 1992 were transferred to the Commission on Crime Prevention and Criminal Justice, raising them to the intergovernmental level:
Preparing UN congresses on the prevention of crime and the treatment of offenders to consider and promote the introduction of more effective methods and means of preventing crime and improving the treatment of offenders;
Preparation and submission for approval by the competent UN bodies and congresses of programs of international cooperation in the field of crime prevention, carried out on the basis of the principles of sovereign equality of states and non-interference in internal affairs, and other proposals related to the prevention of offenses;
Assistance to ECOSOC in coordinating the activities of UN bodies on issues related to the fight against crime and the treatment of offenders, as well as the development and presentation of opinions and recommendations to the Secretary-General and relevant UN bodies;
Facilitating the exchange of experience gained by states in the field of combating crime and the treatment of offenders;
Discussion of the most important professional issues that form the basis for international cooperation in the field of combating crime, in particular issues related to the prevention and reduction of crime.
Resolution 1979/19 has promoted and promotes the development of areas and forms of international cooperation in the fight against crime, based on the principles of respect for the sovereignty of states and non-interference in their internal affairs, peaceful cooperation. In addition, she contributed to the establishment and operation of the now intergovernmental Commission on Crime Prevention and Criminal Justice.
Raising the status of one of the important subsidiary bodies of the UN system to intergovernmental one indicates the recognition, on the one hand, of the threatening state of crime at the national and international levels, on the other hand, of the desire of states, as the main subjects of international law, to strengthen the effectiveness of crime control.
Other UN bodies involved in combating crime, in addition to the Congress and the Commission, informing the UN about the state of combating crime in their countries (legislation and projects), include: the Institute (network) of national correspondents, the United Nations Social Security Research Institute (UNSDRI ), the Regional Institutes for Social Development and Humanitarian Affairs with the Vienna Office for the Prevention of Crime and the Treatment of Offenders, and the UN Vienna Center for Crime Prevention and Criminal Justice, which also has an Office for the Prevention of Terrorism.
Framework for the Role of Lawyers (UN)
(adopted by the 8th United Nations Congress on the Prevention of Crime
in August 1990 in Havana)
Insofar as:
The Charter of the United Nations reaffirms the right of the people of the world to create conditions under which the rule of law will be respected, and proclaims as one of the goals the achievement of cooperation in the creation and maintenance of respect for human rights and fundamental freedoms without distinction on the basis of race, sex, language or religion;
The Universal Declaration of Human Rights affirms the principles of equality before the law, the presumption of innocence, the right to an impartial and public hearing by an independent and fair tribunal, and all the guarantees necessary for the defense of any person charged with a punishable act;
The International Covenant on Civil and Political Rights additionally proclaims the right to be heard without delay and the right to an impartial and public hearing by a competent, independent and fair tribunal as provided by law;
The International Covenant on Economic, Social and Cultural Rights recalls the obligation of states, in accordance with the UN Charter, to promote universal respect for and observance of human rights and freedoms;
The Body of Principles for the Protection of All Persons Detained or Imprisoned provides that every detainee must be afforded the right to assistance, consultation with a lawyer and the opportunity to communicate with him;
The Standard Minimum Rules for the Detention of Prisoners recommend, inter alia, that legal aid and confidentiality during its implementation be guaranteed to persons in detention;
Guarantees that ensure the protection of persons threatened with the death penalty confirm the right of everyone who is or may be charged with the death penalty as a punishment to receive the necessary legal assistance at all stages of the investigation and trial of the case in accordance with Art. 14 of the International Convention on Civil and Political Rights;
The Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power recommends action at the international and national level to improve access to justice and fair treatment, redress, compensation and assistance for victims of crime;
Adequate enjoyment of the human rights and fundamental freedoms to which all persons are entitled shall be accorded to them in economic, social, cultural, civil and political life and require that all persons have effective access to legal assistance provided by the independent legal profession;
Professional bar associations play a vital role in upholding professional standards and ethical standards, protecting their members from harassment and unreasonable restrictions and infringement, providing legal assistance to all who need it, and cooperating with Government and other institutions to achieve the goals of justice and the public interest. ;
The Basic Provisions on the Role of Lawyers set out below are formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, which should be respected and guaranteed by Governments in the development of national legislation and its application, and should be taken into account by both lawyers and judges, prosecutors, members of the legislative and executive authorities and society as a whole. These principles should also apply to persons who exercise the functions of a lawyer without obtaining the formal status of a lawyer.
Access to lawyers and legal assistance
1. Any person has the right to seek the assistance of a lawyer of his choice to confirm his rights and defend himself at all stages of the criminal procedure.
2. Governments shall guarantee an efficient procedure and a working mechanism for real and equal access to lawyers to all persons residing in its territory and subject to its jurisdiction, without distinction of race, colour, ethnicity, sex, language, religion, political or other opinions, national or social origin, economic or other status.
3. Governments should provide the necessary funding and other resources for legal aid to the poor and other disadvantaged people. Professional associations of lawyers should cooperate in organizing and creating conditions for the provision of such assistance.
4. It is the responsibility of Governments and professional associations of lawyers to develop a program designed to inform the public of their rights and obligations under the law and the importance of the role of lawyers in protecting fundamental freedoms.
For these purposes, special attention should be paid to the poor and other insolvent persons, since they themselves are not able to defend their rights and need the help of a lawyer.
Special guarantees in criminal justice
5. It is the duty of Governments to ensure that everyone is able to be informed by the competent authorities of his right to be assisted by a lawyer of his choice when he is arrested, detained or imprisoned or charged with a criminal offence.
6. Any person named above who does not have a lawyer, in cases where the interests of justice so require, must be provided with the assistance of a lawyer who has the appropriate competence and experience in dealing with such cases, in order to provide him with effective legal assistance without payment from him, if he does not have the necessary funds.
7. Governments should ensure that a person who is detained, arrested or imprisoned, with or without being charged with a criminal offense, is granted prompt access to a lawyer, in any case no later than 48 hours from the time of detention or arrest.
8. A detained, arrested or imprisoned person must be provided with the necessary conditions, time and means to meet or communicate and consult with a lawyer without delay, hindrance or censorship, in full confidentiality. Such consultations may be in sight but out of earshot of authorized officials.
Qualification and training
9. Governments, professional associations of lawyers and training institutes should ensure that lawyers receive adequate education, training and knowledge of both the ideals and ethical duties of lawyers and the human rights and fundamental freedoms recognized by national and international law.
10. It is the responsibility of governments, bar associations and training institutes to ensure that persons are not discriminated against in admitting or continuing to practice as a lawyer on grounds of race, colour, sex, ethnicity, religion, political or other opinion, property, place of birth, economic or other status.
11. In countries where there are groups, communities or regions whose legal aid needs are not met, especially if such groups have a different culture, tradition, language or have been victims of discrimination in the past, Governments, bar associations and training institutes should take special measures to create favorable conditions for persons from these groups who wish to practice law, and must provide them with sufficient training to meet the needs of these groups.
Duties and responsibilities
12. Lawyers must at all times uphold the honor and dignity of their profession as important actors in the administration of justice.
13. The duties of a lawyer towards a client should include:
a) advising the client on his or her rights and obligations, explaining how the legal system works as they relate to the rights and obligations of the client;
b) providing assistance to the client in any legal way and performing legal actions to protect his interests;
c) assistance to the client in courts, tribunals and administrative bodies.
14. Lawyers, in assisting their clients in the administration of justice, must strive to respect human rights and fundamental freedoms recognized by national and international law, and must at all times act freely and with perseverance in accordance with the law and recognized professional standards and ethical norms.
15. A lawyer must always be loyal to the interests of his client.
Guarantees for the activities of lawyers
16. Governments should ensure that lawyers:
a) being able to perform all their professional duties without intimidation, hindrance, harassment or undue interference;
b) the ability to travel freely and consult a client in their own country and abroad;
c) the impossibility of punishment or the threat of such and charges, administrative, economic and other sanctions for any actions carried out in accordance with recognized professional duties, standards and ethical norms.
17. Where the safety of lawyers is at risk in connection with the performance of their professional duties, they should be adequately protected by the authorities.
18. Lawyers should not identify with their clients and clients' affairs in connection with the performance of their professional duties.
19. A court or administrative authority shall not deny recognition of the right of an admitted lawyer to represent his client, unless that lawyer has been disqualified in accordance with national law and practice and these Regulations.
20. A lawyer should enjoy criminal and civil immunity from prosecution for relevant statements made in writing or orally in the performance of his duty in good faith and in the exercise of professional duties before a court, tribunal or other legal or administrative body.
21. The duty of the competent authorities is to provide the lawyer with the opportunity to get acquainted with the information, documents and materials of the case in a timely manner, and in criminal proceedings - no later than the end of the investigation before the pre-trial consideration.
22. Governments should recognize and respect the confidentiality of communications and consultations between lawyer and client in their relationship in connection with the exercise of their professional duties.
Freedom of expression and association
23. Lawyers, like other citizens, have the right to freedom of expression, religion, association and organization. In particular, they should have the right to take part in public discussions on matters of law, the administration of justice, the promotion and protection of human rights, and the right to join or form local, national and international organizations and attend their meetings without the threat of restriction of their professional activities due to their lawful actions or membership in a legally permitted organization. In exercising these rights, lawyers must at all times be guided by the law and recognized professional standards and ethical rules.
Professional bar associations
24. Lawyers should be given the right to form self-governing associations for the purpose of representing their interests, continuing education and retraining and maintaining their professional level. The executive bodies of professional associations are elected by their members and carry out their functions without external interference.
25. Professional associations should cooperate with Governments to ensure the right of everyone to equal and effective access to and legal aid, so that lawyers are able, without undue interference, to advise and assist their clients in accordance with the law and recognized professional standards and ethical rules.
Disciplinary Proceedings
26. Codes of professional conduct for lawyers should be established by the profession through its respective bodies or in accordance with legislation consistent with national law and custom and recognized by international standards and norms.
27. The accusation or prosecution of a lawyer in connection with his professional work should be carried out within the framework of a quick and fair procedure. A lawyer should have the right to a fair hearing, including the possibility of being assisted by a lawyer of his choice.
28. Disciplinary proceedings against lawyers should be left to impartial disciplinary commissions established by the bar itself, with the possibility of appeal to a court.
29. All disciplinary proceedings must be carried out in accordance with the code of professional conduct and other recognized standards and ethical norms of the legal profession in the light of these Regulations.
the Russian Federation
BASIC PROVISIONS ON THE ROLE OF LAWYERS (adopted by the Eighth United Nations Congress on the Prevention of Crime in August 1990 in New York)
Accepted
eighth UN Congress
crime prevention
in August 1990 in New York
Insofar as:
The Charter of the United Nations reaffirms the right of the people of the world to create conditions under which the rule of law will be respected, and proclaims as one of the goals the achievement of cooperation in the creation and maintenance of respect for human rights and fundamental freedoms without distinction on the basis of race, sex, language or religion;
The Universal Declaration of Human Rights affirms the principles of equality before the law, the presumption of innocence, the right to an impartial and public hearing by an independent and fair tribunal, and all the guarantees necessary for the defense of any person charged with a punishable act;
The International Covenant on Civil and Political Rights additionally proclaims the right to be heard without delay and the right to an impartial and public hearing by a competent, independent and fair tribunal as provided by law;
The International Covenant on Economic, Social and Cultural Rights recalls the obligation of states, in accordance with the UN Charter, to promote universal respect for and observance of human rights and freedoms;
The Body of Principles for the Protection of All Persons Detained or Imprisoned provides that every detainee must be afforded the right to assistance, consultation with a lawyer and the opportunity to communicate with him;
The Standard Minimum Rules for the Detention of Prisoners recommend, inter alia, that legal aid and confidentiality during its implementation be guaranteed to persons in detention;
Guarantees that ensure the protection of persons threatened with the death penalty confirm the right of everyone who is or may be charged with the death penalty as a punishment to receive the necessary legal assistance at all stages of the investigation and trial of the case in accordance with Art. 14 of the International Convention on Civil and Political Rights;
The Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power recommends action at the international and national level to improve access to justice and fair treatment, redress, compensation and assistance for victims of crime;
Adequate enjoyment of the human rights and fundamental freedoms to which all persons are entitled shall be accorded to them in economic, social, cultural, civil and political life and require that all persons have effective access to legal assistance provided by the independent legal profession;
Professional bar associations play a vital role in upholding professional standards and ethical standards, protecting their members from harassment and unreasonable restrictions and infringement, providing legal assistance to all who need it, and cooperating with Government and other institutions to achieve the goals of justice and the public interest. ;
The Basic Provisions on the Role of Lawyers set out below are formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, which should be respected and guaranteed by Governments in the development of national legislation and its application, and should be taken into account by both lawyers and judges, prosecutors, members of the legislative and executive authorities and society as a whole. These principles should also apply to persons who exercise the functions of a lawyer without obtaining the formal status of a lawyer.
1. Any person has the right to seek the assistance of a lawyer of his choice to confirm his rights and defend himself at all stages of the criminal procedure.
2. Governments shall guarantee an efficient procedure and a working mechanism for real and equal access to lawyers to all persons residing in its territory and subject to its jurisdiction, without distinction of race, colour, ethnicity, sex, language, religion, political or other opinions, national or social origin, economic or other status.
3. Governments should provide the necessary funding and other resources for legal aid to the poor and other disadvantaged people. Professional associations of lawyers should cooperate in organizing and creating conditions for the provision of such assistance.
4. It is the responsibility of Governments and professional associations of lawyers to develop a program designed to inform the public of their rights and obligations under the law and the importance of the role of lawyers in protecting fundamental freedoms.
For these purposes, special attention should be paid to the poor and other insolvent persons, since they themselves are not able to defend their rights and need the help of a lawyer.
5. It is the duty of Governments to ensure that everyone is able to be informed by the competent authorities of his right to be assisted by a lawyer of his choice when he is arrested, detained or imprisoned or charged with a criminal offence.
6. Any person named above who does not have a lawyer, in cases where the interests of justice so require, must be provided with the assistance of a lawyer who has the appropriate competence and experience in dealing with such cases, in order to provide him with effective legal assistance without payment from him, if he does not have the necessary funds.
7. Governments should ensure that a person who is detained, arrested or imprisoned, with or without being charged with a criminal offense, is granted prompt access to a lawyer, in any case no later than 48 hours from the time of detention or arrest.
8. A detained, arrested or imprisoned person must be provided with the necessary conditions, time and means to meet or communicate and consult with a lawyer without delay, hindrance or censorship, in full confidentiality. Such consultations may be in sight but out of earshot of authorized officials.
9. Governments, professional associations of lawyers and training institutes should ensure that lawyers receive adequate education, training and knowledge of both the ideals and ethical duties of lawyers and the human rights and fundamental freedoms recognized by national and international law.
10. It is the responsibility of governments, bar associations and training institutes to ensure that persons are not discriminated against in admitting or continuing to practice as a lawyer on grounds of race, colour, sex, ethnicity, religion, political or other opinion, property, place of birth, economic or other status.
11. In countries where there are groups, communities or regions whose legal aid needs are not met, especially if such groups have a different culture, tradition, language or have been victims of discrimination in the past, Governments, bar associations and training institutes should take special measures to create favorable conditions for persons from these groups who wish to practice law, and must provide them with sufficient training to meet the needs of these groups.
12. Lawyers must at all times uphold the honor and dignity of their profession as important actors in the administration of justice.
13. The duties of a lawyer towards a client should include:
a) advising the client on his or her rights and obligations, explaining how the legal system works as they relate to the rights and obligations of the client;
b) providing assistance to the client in any legal way and performing legal actions to protect his interests;
c) assistance to the client in courts, tribunals and administrative bodies.
14. Lawyers, in assisting their clients in the administration of justice, must strive to respect human rights and fundamental freedoms recognized by national and international law, and must at all times act freely and with perseverance in accordance with the law and recognized professional standards and ethical norms.
15. A lawyer must always be loyal to the interests of his client.
16. Governments should ensure that lawyers:
a) being able to perform all their professional duties without intimidation, hindrance, harassment or undue interference;
b) the ability to travel freely and consult a client in their own country and abroad;
c) the impossibility of punishment or the threat of such and charges, administrative, economic and other sanctions for any actions carried out in accordance with recognized professional duties, standards and ethical norms.
17. Where the safety of lawyers is at risk in connection with the performance of their professional duties, they should be adequately protected by the authorities.
18. Lawyers should not identify with their clients and clients' affairs in connection with the performance of their professional duties.
19. A court or administrative authority shall not deny recognition of the right of an admitted lawyer to represent his client, unless that lawyer has been disqualified in accordance with national law and practice and these Regulations.
20. A lawyer should enjoy criminal and civil immunity from prosecution for relevant statements made in writing or orally in the performance of his duty in good faith and in the exercise of professional duties before a court, tribunal or other legal or administrative body.
21. The duty of the competent authorities is to provide the lawyer with the opportunity to get acquainted with the information, documents and materials of the case in a timely manner, and in criminal proceedings - no later than the end of the investigation before the pre-trial consideration.
22. Governments should recognize and respect the confidentiality of communications and consultations between lawyer and client in their relationship in connection with the exercise of their professional duties.
23. Lawyers, like other citizens, have the right to freedom of expression, religion, association and organization. In particular, they should have the right to take part in public discussions on matters of law, the administration of justice, the promotion and protection of human rights, and the right to join or form local, national and international organizations and attend their meetings without the threat of restriction of their professional activities due to their lawful actions or membership in a legally permitted organization. In exercising these rights, lawyers must at all times be guided by the law and recognized professional standards and ethical rules.
24. Lawyers should be given the right to form self-governing associations for the purpose of representing their interests, continuing education and retraining and maintaining their professional level. The executive bodies of professional associations are elected by their members and carry out their functions without external interference.
25. Professional associations should cooperate with Governments to ensure the right of everyone to equal and effective access to and legal aid, so that lawyers are able, without undue interference, to advise and assist their clients in accordance with the law and recognized professional standards and ethical rules.
26. Codes of professional conduct for lawyers should be established by the profession through its respective bodies or in accordance with legislation consistent with national law and custom and recognized by international standards and norms.
27. The accusation or prosecution of a lawyer in connection with his professional work should be carried out within the framework of a quick and fair procedure. A lawyer should have the right to a fair hearing, including the possibility of being assisted by a lawyer of his choice.
28. Disciplinary proceedings against lawyers should be left to impartial disciplinary commissions established by the bar itself, with the possibility of appeal to a court.
29. All disciplinary proceedings must be carried out in accordance with the code of professional conduct and other recognized standards and ethical norms of the legal profession in the light of these Regulations.
Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses
A Brief History of the UN Congresses
According to the UN Charter, this organization is responsible for international cooperation on all topical issues. One of the main bodies of the UN, the Economic and Social Council (ECOSOC), is directly involved in the issues of cooperation between countries in the fight against crime, in the structure of which the Committee of Experts on the Prevention of Crime and the Treatment of Offenders was established in 1950. In 1971, it was transformed into the Committee for the Prevention and Control of Crime, and in 1993 - into a higher status body - the Commission on Crime Prevention and Criminal Justice.
The commission (committee) submits to ECOSOC recommendations and proposals aimed at a more effective fight against crime and humane treatment of offenders. The General Assembly, in addition, entrusted to this body the functions of preparing once every five years the UN congresses on the prevention of crime and the treatment of offenders.
The UN Congresses play a major role in the development of international rules, standards and recommendations for crime prevention and criminal justice. To date, 10 congresses have been held, the decisions of which have significantly advanced the issues of international cooperation on a reliable scientific and legal basis.
The UN congresses were held: the first - Geneva, 1955, the second - London. 1960, Third - Stockholm, 1965, Fourth - Kyoto, 1970, Fifth - Geneva, 1975, Sixth - Caracas, 1980, Seventh - Milan, 1985, Eighth - Havana, 1990 ., Ninth - Cairo, 1995, Tenth - Vienna, April 2000 Important international legal documents were developed at the UN congresses. To name just a few of the vast list: the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First Congress, which were developed in a General Assembly resolution in 1990 and in its annex, which formulated the basic principles for the treatment of prisoners;
the Code of Conduct for Law Enforcement Officials, which was considered at the Fifth Congress and, after being revised in 1979, was adopted by the General Assembly;
The Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was discussed at the Fifth Congress and, on its recommendation, was adopted by the General Assembly in 1975.
The sixth - ninth congresses were especially productive. The Sixth Congress adopted the Caracas Declaration, which states that the success of the criminal justice system and crime prevention strategies, especially in the face of the spread of new and unusual forms of criminal behavior, depends primarily on progress in improving social conditions and improving the quality of life. Around 20 resolutions and other decisions were adopted at the congress concerning crime prevention strategies, prevention of abuse of power, minimum standards of fairness and juvenile justice, guidelines for judicial independence, legal awareness and dissemination of legal knowledge, etc.
The Seventh Congress adopted the Milan Plan of Action, which states that crime is a serious problem on a national and international scale. It impedes the political, economic, social and cultural development of peoples and endangers human rights, fundamental freedoms, as well as peace, stability and security. The adopted documents recommended that governments give priority to crime prevention, intensify cooperation between themselves on a bilateral and multilateral basis, develop criminological research, pay special attention to the fight against terrorism, drug trafficking, organized crime, and ensure broad public participation in crime prevention.
The Congress adopted more than 25 resolutions, including: the United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules"), a declaration of basic principles of justice for victims of crime and abuse of power, basic principles relating to the independence of the judiciary, and others .
The following topics were discussed at the Eighth Congress: crime prevention and criminal justice; criminal justice policy; effective national and international action to combat organized crime and terrorist criminal activity; youth crime prevention, juvenile justice and youth protection; UN norms and guidelines in the field of crime prevention and criminal justice.
The Congress adopted the largest number of resolutions - 35. To name just a few: international cooperation in the field of crime prevention and criminal justice; the United Nations Guidelines for the Prevention of Juvenile Delinquency (the "Riyadh Principles"); crime prevention in the urban environment; organized crime prevention: combating terrorist activities; corruption in public administration; basic principles for the treatment of prisoners; international and interregional cooperation in the field of prison management and community sanctions.
The Ninth Congress discussed four themes: international cooperation in crime prevention and criminal justice; measures to combat national and transnational economic and organized crime; management and improvement of the work of the police and other law enforcement agencies, the prosecutor's office; ry, courts, correctional institutions; crime prevention strategy. Congress adopted 11 decisions, including: recommendations on the prevention of crime and the treatment of offenders, the results of the discussion of the draft convention on combating organized crime, as well as on children as victims and perpetrators of crimes, on violence against women, on regulating the circulation of firearms in order to crime prevention and public safety.
Judging by the number of documents adopted, after the Eighth Congress, the role of this international institution begins to decline somewhat. It is increasingly shifting towards a recommendatory advisory nature of its activities. A significant part of its functions is transferred to the growing Commission on Crime Prevention and Criminal Justice, ECOSOC and the General Assembly.
The International Committee for Coordination (ICC), referred to as the Committee of Four, takes an active part in the development of many international documents on combating crime and criminal justice, since it covers the work of the International Criminal Law Association (IAML), the International Criminological Society (ICS), the International Society for Social Protection (ICH) and the International Criminal and Prison Fund (ICPF).
New approaches to the development of international rules are less expensive and more professional. The indicated trend is seen as a policy of a certain pragmatism of the UN, since any recommendations, rules, standards, resolutions and declarations acquire a more significant international legal character when they are adopted by the governing structures of the UN and the General Assembly. Conventions have a special place in the system of international documents.
The most concise and selective list of issues that were discussed at past congresses shows how important they were in developing optimal and effective approaches for international cooperation and improving national ways to combat crime in connection with its globalization.
Tenth UN Congress and its significance
The Congress was held from 10 to 17 April 2000 at the Vienna International Center of the United Nations. 138 countries were represented at the congress. The largest delegation is from Austria (45 people). From South Africa - 37, from Japan - 29, from the USA - 21, from France - 20 people. Many countries (Burundi, Guinea, Haiti, Mauritania, Nicaragua, etc.) were represented by one participant. The Russian delegation consisted of 24 members of law enforcement, executive, legislative and scientific institutions, including (5 people - from the Permanent Mission of Russia to the UN in Vienna. The delegation was headed by First Deputy Minister of Internal Affairs of the Russian Federation V.I. Kozlov.
The UN Secretariat and its associated research institutes were widely represented at the congress: UNAFEI (Asia and the Far East), UNICRI (Interregional), ILANUD (Latin America), HEUNI (European), UNAFRI (African Regional), NAASS (Arab Academy), AIC (Australian Institute of Criminology), ISPAC (International Scientific Council), etc., as well as intergovernmental organizations (ASEAN, Council of Europe, European Commission, Europol, etc.), numerous (over 40) international non-governmental organizations (Amnesty International, International Association of Criminal Law, International Criminological Society, International Society for Social Protection, International Criminal and Penitentiary Foundation, International Sociological Association, etc.).
370 individual experts attended, including 58 from the US, 29 from the UK and other countries. From Russia - only one individual expert, 2-5 each from the CIS countries and the Baltic states. For example, from Ukraine, with the size of the official delegation of 8 people, there were 5 individual experts.
The following topical issues were brought up for discussion: 1) strengthening the rule of law and strengthening the criminal justice system; 2) international cooperation in the fight against transnational crime: new challenges in the 21st century; 3) effective crime prevention: keeping up with the latest developments; 4) offenders and victims: accountability and fairness in the administration of justice.
At the plenary session, after the opening of the congress and the resolution of organizational issues, an overview of the situation in the world in the field of crime and criminal justice was presented, and from April 12 until the end of the congress, the topic was actively discussed at the plenary session: "International, cooperation in the fight against transnational crime: new challenges in the 21st century". Moreover, on April 14-15, this discussion was held within the framework of the "high-level segment", where the heads of government delegations delivered national reports. The discussion ended with the adoption of the Vienna Declaration on Crime and Justice: a response to the challenges of the 21st century.
Along with the plenary session, work was carried out in two committees. The topics discussed in the First Committee were "Strengthening the rule of law and strengthening the criminal justice system", "Effective crime prevention: keeping up with the latest developments", "Offenders and victims: accountability and fairness in the administration of justice". Workshops were held in the Second Committee on the fight against corruption, on public participation in crime prevention, on women in the criminal justice system (female offender, female victim, female criminal justice officer), on crimes related to the use computer networks.
All topics of discussion were closely related to the solution of the main problem of international cooperation - the fight against transnational and national criminal challenges of the new century. As a result, the important outcomes of all discussions were reflected in one way or another in the Declaration on Crime and Justice.
Traditionally, on the last day of the congress, its report was approved. But unlike previous UN forums, not a single resolution was considered at the Tenth Congress. Only one declaration was discussed and adopted, but a very important one. At the turn of the century, it defines the strategy for combating transnational crime. Its draft was discussed throughout the congress and not only at the plenary session and committees, but also during informal consultations of leaders and members of national delegations.
In connection with the enormous global significance, capacity and brevity of the Vienna Declaration, it is advisable not to retell its provisions, but to quote them in full.
Vienna Declaration on Crime and Justice: Responses to the Challenges of the 21st Century.
We, the Member States of the United Nations,
Concerned about the impact on our society of serious crimes of a global nature, and convinced of the need for bilateral, regional and international cooperation in the field of crime prevention and criminal justice,
Particularly concerned about transnational organized crime and the interrelationships between its various types,
Convinced that adequate prevention and rehabilitation programs are fundamental to an effective crime-fighting strategy and that such programs must take into account socio-economic factors that may make people more vulnerable to and likely to commit criminal acts,
Emphasizing that a fair, responsible, ethical and efficient criminal justice system is an important factor in promoting economic and social development and human security,
Conscious of the potential of restorative approaches to justice that aim to reduce crime and promote the healing of victims, offenders and communities,
Meeting at the Tenth United Nations Congress on the Prevention of Crime on the Treatment of Offenders in Vienna from 10 to 17 April 2000 to decide on more effective concerted action in a spirit of cooperation to tackle the world crime problem,
we proclaim the following:
1. We note with appreciation the results of the regional preparatory meetings for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
2. We reaffirm the goals of the United Nations in the field of crime prevention and criminal justice, especially the reduction of crime, the more effective and efficient enforcement of the rule of law and the administration of justice, respect for human rights and fundamental freedoms, and the promotion of the highest standards of fairness, humanity and professional conduct.
3.We underscore the responsibility of each state to establish and maintain a fair, responsible, ethical and efficient criminal justice system.
4. We recognize the need for closer coordination and cooperation among States in dealing with the world crime problem, given that the fight against it is a common and shared responsibility. In this regard, we recognize the need to intensify and promote technical cooperation activities in order to assist States in their efforts to strengthen their domestic criminal justice systems and their capacity for international cooperation.
5.We attach high priority to the completion of negotiations on the United Nations Convention against Transnational Organized Crime and its Protocols, taking into account the interests of all States.
6.We support efforts to assist States in building capacity, including training and technical assistance, and in developing legislation and regulations, as well as building expertise, to help implement the Convention and its Protocols.
7. Considering the objectives of the Convention and its protocols, we strive to:
(a) Incorporate a crime prevention component into national and international development strategies;
b) intensify bilateral and multilateral cooperation, including technical cooperation, in the areas covered by the Convention and its protocols;
(c) Increase donor cooperation in areas that include aspects of crime prevention;
(d) Strengthen the capacity of the Center for International Crime Prevention, as well as the United Nations Crime Prevention and Criminal Justice Program network, to assist States, upon request, in building capacity in the areas covered by the Convention and its protocols.
8. We welcome the efforts being made by the Center for International Crime Prevention to conduct, in collaboration with the United Nations Interregional Crime and Justice Research Institute, a comprehensive global survey of organized crime to provide a reference base and assist Governments in developing policies and programs.
9. We reaffirm our continued support and commitment to the United Nations and the United Nations Crime Prevention and Criminal Justice Programme, especially the Commission on Crime Prevention and Criminal Justice and the Center for International Crime Prevention, the United Nations Interregional Crime Prevention and Criminal Justice Research Institute crime and justice institutions and the institutions of the Programme's network, as well as the determination to further strengthen the Program by securing appropriately sustainable funding.
10. We commit ourselves to strengthening international cooperation to create an environment conducive to the fight against organized crime, growth and sustainable development, and the eradication of poverty and unemployment.
11. We commit to take into account and address the different impacts of programs and policies on men and women, respectively, within the framework of the United Nations Crime Prevention and Criminal Justice Program and within national crime prevention and criminal justice strategies.
12. We also commit to developing action-oriented policy recommendations that take into account the specific needs of women as criminal justice practitioners, victims, prisoners and offenders.
13. We emphasize that effective action in the field of crime prevention and criminal justice requires the participation as partners and actors of governments, national, regional, interregional and international institutions, intergovernmental and non-governmental organizations and various segments of civil society, including the media and private sector, as well as recognizing their respective roles and contributions.
14. We commit ourselves to develop more effective ways of mutual cooperation in order to eradicate the abhorrent phenomenon of trafficking in persons, especially women and children, and smuggling of migrants. We will also consider supporting the global anti-trafficking program developed by the Center for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, subject to close consultation with States and review by the Commission on Crime Prevention and criminal justice, and we identify 2005 as a year in which a significant reduction in the number of such crimes worldwide will be achieved, and if this goal is not achieved, to assess the actual implementation of the recommended measures.
15. We also commit to strengthening international cooperation and mutual legal assistance to curb the illicit manufacture of and trafficking in firearms, their parts and components and ammunition, and we identify 2005 as the year in which such incidents will be significantly reduced worldwide.
16. We further commit to strengthen international action against corruption, building on the United Nations Declaration against Corruption and Bribery in International Business Transactions, the International Code of Conduct for Public Officials and RELEVANT regional conventions, and building on the work of regional and global fora . We stress the urgent need to develop an effective international legal instrument against corruption, in addition to the United Nations Convention against Transnational Organized Crime, and we invite the Commission on Crime Prevention and Criminal Justice to request the Secretary-General to submit to the Commission at its tenth session, in consultation with States, a thorough review and analysis of all relevant international instruments and recommendations as part of the preparatory work for the development of such an instrument. We will consider supporting the global anti-corruption program developed by the Center for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, subject to close consultation with States and review by the Commission on Crime Prevention and Criminal Justice.
17. We reaffirm that the fight against money-laundering and economic crime is an essential element of strategies to combat organized crime, as enshrined as a principle in the Naples Political Declaration and the Global Plan of Action against Transnational Organized Crime. We are convinced that the key to success in this fight lies in the establishment of broad regimes and the harmonization of appropriate mechanisms to combat money laundering of the proceeds of crime, including support for initiatives aimed at states and territories that offer offshore financial services that enable the laundering of proceeds of crime.
18. We decide to develop action-oriented policy recommendations for the prevention and control of computer-related crime, and we invite the Commission on Crime Prevention and Criminal Justice to initiate work in this direction, taking into account the work that conducted in other forums. We also commit to work towards strengthening our ability to prevent, investigate and prosecute high-tech and computer-related crime.
19. We note that acts of violence and terrorism continue to be of great concern. Within the framework of the Charter of the United Nations and subject to all relevant General Assembly resolutions, and in conjunction with our other efforts to prevent and combat terrorism, we intend to work together to take effective, decisive and immediate action to prevent criminal activities carried out to promote terrorism in all its forms and manifestations, and to combat such activities. To this end, we commit ourselves to make every possible effort to promote universal adherence to international instruments relating to the fight against terrorism.
20. We also note that racial discrimination, xenophobia and related forms of intolerance persist and we recognize that it is important to take steps to include measures to prevent racist, racially discriminatory crime in international crime prevention policies and standards , xenophobia and related forms of intolerance, and the fight against it.
21. We reaffirm our determination to combat violence stemming from ethnic intolerance and commit ourselves to make a significant contribution in the fields of crime prevention and criminal justice to the work of the planned World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
22. We recognize that the United Nations standards and norms in crime prevention and criminal justice are effective in combating crime. We also recognize the importance of prison reform, the independence of the judiciary and prosecutors, and the implementation of the International Code of Conduct for Public Officials. We will seek, where appropriate, the use and application of United Nations standards and norms in crime prevention and criminal justice in national law and practice. We undertake, where appropriate, to review the relevant legislation on administrative procedures in order to enable the necessary education and training of the relevant officials and to ensure the necessary strengthening of the institutions entrusted with the administration of criminal justice,
23. We also recognize the practical value of model treaties on international cooperation in criminal matters as important tools for promoting international cooperation, and we invite the Commission on Crime Prevention and Criminal Justice to encourage the Center for International Crime Prevention to update the compendium in order to provide the most up-to-date versions such model treaties at the disposal of States that wish to avail themselves of them.
24. We further recognize with deep concern that juveniles in difficult circumstances are often at risk of becoming offenders and/or easy prey for involvement in criminal groups, including those associated with transnational organized crime, and we commit ourselves to taking countermeasures to prevent this growing phenomenon and include, where appropriate, provisions relating to the administration of juvenile justice in national development plans and international development strategies, and to take into account issues relating to the administration of juvenile justice in its funding policies for cooperation in development goals.
25. We recognize that comprehensive crime prevention strategies at the international, national, regional and local levels must address the root causes and risk factors associated with crime and victimization through appropriate social, economic, health, education and justice. We urge the development of such strategies, given the recognized success of prevention initiatives in many nations, and in the belief that crime can be reduced by applying and sharing our collective experience.
26. We commit to prioritize curbing growth and avoiding excessive numbers of detainees and pre-trial detainees, as appropriate, by implementing credible and effective alternatives to imprisonment.
27. We decide to adopt, where appropriate, national, regional and international plans of action in support of victims of crime, such as mediation and restorative justice mechanisms, and we identify 2002 as the date for States to review their respective practices, strengthen assistance to victims and awareness-raising campaigns on victims' rights; and considering the establishment of funds for victims, in addition to the development and implementation of a witness protection policy.
28. We call for the development of restorative justice policies, procedures and programs that respect the needs and interests of victims, offenders, communities and all other stakeholders.
29. We invite the Commission on Crime Prevention and Criminal Justice to develop specific measures to implement and follow up on the commitments we have made under this Declaration.
Bibliography
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A/CONF.187/RPM.1/1 and Corr.l, A/CONF.187/RPM.3/1 and A/CONF.187/RPM.4/1.
General Assembly resolution 51/191, annex.
A/49/748, annex.
General Assembly resolution 51/59, annex.
V.V. Luneev. professor, member of the Congress. Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses.
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
referring the Milan Plan of Action* adopted by consensus by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders and endorsed by the General Assembly in its resolution 40/32 of 29 November 1985,
________________
* ..., chapter I, section A.
referring also to Resolution 7, in which the Seventh Congress* called on the Committee on Crime Prevention and Control to consider the need to develop guidelines on prosecutions,
________________
* Seventh United Nations Congress..., chapter I, section E.
noting with satisfaction the work done by the Committee and the regional preparatory meetings for the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in accordance with the said resolution,
1. accepts the Guidelines on the Role of Prosecutors, which are annexed to the present resolution;
2. recommends Guidelines for decision-making and implementation at the national, regional and interregional levels, taking into account the political, economic, social and cultural characteristics and traditions of each country;
3. offers Member States to take into account and respect the Guiding Principles in their national laws and practices;
4. offers also for Member States to bring the Guiding Principles to the attention of prosecutors and others, including judges, lawyers, members of the executive and legislature, and the general public;
5. urges regional commissions, regional and interregional institutions concerned with the prevention of crime and the treatment of offenders, the specialized agencies and other bodies of the United Nations system, other interested intergovernmental organizations and non-governmental organizations in consultative status with the Economic and Social Council, participate actively in the implementation of the Guiding Principles ;
6. calls the Committee on Crime Prevention and Control to consider, as a matter of priority, the implementation of the present resolution;
7. asks Secretary-General to take appropriate measures to ensure the widest possible dissemination of the Guiding Principles, including their communication to governments, intergovernmental and non-governmental organizations and other interested parties;
8. asks also the Secretary-General to prepare a report every five years, beginning in 1993, on the implementation of the Guiding Principles;
10. asks that the present resolution be brought to the attention of all concerned organs of the United Nations.
Appendix. Guidelines on the role of prosecutors
Appendix
Pay attention to that, in the Charter of the United Nations, the peoples of the world express, inter alia, their determination to create conditions under which justice can be observed and proclaim as one of their aims international cooperation in the promotion and development of respect for human rights and fundamental freedoms, without any there were differences based on race, sex or religion,
pay attention to that the Universal Declaration of Human Rights * sets forth the principles of equality before the law, the presumption of innocence and the right to have a case heard publicly and with all the requirements of fairness by an independent and impartial tribunal,
________________
* Resolution 217 A (III) of the General Assembly.
pay attention to that there is often still a discrepancy between the goals underlying these principles and the reality,
pay attention to that the organization and administration of justice in every country should be based on these principles and that measures should be taken to give full effect to them,
pay attention to that prosecutors play a key role in the administration of justice and that the rules governing the exercise of their important functions should encourage them to respect and abide by the above principles, thereby contributing to fair and equitable criminal justice and the effective protection of citizens from crime,
pay attention to the importance of ensuring that prosecutors have the appropriate professional training necessary to carry out their functions, which is achieved by improving recruitment methods and legal training and by ensuring that all necessary arrangements are made for the proper performance of their functions related to combat with crime, especially in its new forms and scales,
pay attention to that, on the recommendation of the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, the General Assembly, in its resolution 34/169 of 17 December 1979, adopted a Code of Conduct for Law Enforcement Officials,
pay attention to that, in resolution 16, the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders* called upon the Committee on Crime Prevention and Control to include among its priorities the development of guidelines on the independence of judges and the selection, training and status of judges and prosecuting,
________________
* Sixth United Nations Congress..., chapter I, section B.
pay attention to that the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders adopted the Basic Principles on the Independence of the Judiciary*, which were subsequently approved by the General Assembly in its resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985 ,
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* Seventh United Nations Congress..., chapter I, section D.
pay attention to that the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power* recommends action at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance to victims of crime,
________________
* General Assembly resolution 40/34, annex.
pay attention to that, in Resolution 7, the Seventh Congress* called upon the Committee to consider the need to develop guidelines relating, inter alia, to the selection, training and status of prosecutors, their intended duties and conduct, and ways to enhance their contribution to the smooth functioning of the criminal justice system and enhancing their cooperation with the police, their discretionary powers and their role in criminal justice, and to report on this matter to future United Nations congresses,
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* Seventh United Nations Congress..., section E.
The following Guiding Principles, which have been developed to assist Member States in meeting the challenges of ensuring and enhancing the efficiency, independence and fairness of prosecutors in criminal proceedings, should be respected and taken into account by governments in their national law and practice, and should be brought to the attention of prosecutors, as well as others such as judges, lawyers, executive and legislative officials, and the general public. These Guidelines have been developed with regard to public prosecutors, but they apply equally, where appropriate, to prosecutors appointed on an ad hoc basis.
Qualification, selection and training
1. Persons selected for prosecution must be of high moral character and ability, as well as appropriate training and qualifications.
2. States shall ensure that:
(a) The selection criteria for prosecutions include safeguards against appointments based on partiality or prejudice and exclude any discrimination against any person on the basis of race, colour, sex, language, religion, political or other opinion, national , social or ethnic origin, property, class, material or other status, with the exception that the requirement to appoint a candidate for a position that involves the implementation of judicial prosecution, a citizen of the country concerned, should not be considered as discrimination;
(b) Prosecutors are appropriately educated and trained, are aware of the ideals and ethics inherent in the position, and are aware of constitutional and regulatory measures to protect the rights of accused persons and victims, as well as the human rights and fundamental freedoms recognized national and international law.
Status and conditions of service
3. Prosecutors, as the most important representatives of the criminal justice system, always maintain the honor and dignity of their profession.
4. States shall ensure that prosecutors are able to carry out their professional duties in an environment free from threats, obstruction, intimidation, unnecessary interference or undue civil, criminal or other liability.
5. Prosecuting persons and their families shall be provided with physical protection by the authorities when their safety is threatened as a result of their prosecution functions.
6. Reasonable conditions of service for prosecutions, their appropriate remuneration and, where applicable, terms of office, pensions and retirement age shall be established by law or published rules or regulations.
7. Promotion of prosecutors, where such a system exists, shall be based on objective factors, in particular professional qualifications, ability, moral character and experience, and shall be decided in accordance with fair and impartial procedures.
Freedom of opinion and association
8. Prosecutors, like other citizens, have the right to freedom of expression, opinion, association and assembly. They shall, in particular, have the right to take part in public discussion of matters of law, the administration of justice and the promotion and protection of human rights, to join local, national or international organizations or to establish such organizations and to attend their meetings, without being subject to restriction of their professional activities due to their lawful actions. or membership in a legitimate organization. In exercising these rights, prosecutions shall always act in accordance with the law and the recognized norms and ethics of their profession.
9. Prosecutors have the right to form or join professional associations or other organizations that represent their interests, improve their professional skills and protect their status.
Role in criminal proceedings
10. The position of persons carrying out prosecution is strictly separated from the performance of judicial functions.
11. Prosecutors shall play an active role in criminal proceedings, including the commencement of a case, and, where permitted by law or consistent with local practice, in investigating a crime, supervising the legality of those investigations, supervising the implementation of court decisions and exercising other functions in as representatives of the interests of states.
12. Prosecutors, in accordance with the law, perform their duties fairly, consistently and promptly, respect and protect human dignity and protect human rights, thereby contributing to the maintenance of due process and the smooth functioning of the criminal justice system.
13. In the performance of their duties, prosecutions shall:
a) perform their functions impartially and avoid any discrimination on the basis of political opinion, social origin, race, culture, sex or any other discrimination;
b) protect the public interest, act objectively, take due account of the situation of the suspect and the victim, and pay attention to all relevant circumstances, whether beneficial or disadvantageous to the suspect;
c) respect professional secrecy, unless the performance of their duties or considerations of justice require otherwise;
d) address the views and concerns of victims when their personal interests are affected and ensure that victims are made aware of their rights in accordance with the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
14. Prosecutors do not initiate or continue prosecutions or use their best endeavors to stay proceedings when an impartial investigation indicates that an allegation is unfounded.
15. Prosecutors shall give due consideration to the prosecution of crimes committed by public officials, in particular corruption, abuse of power, serious violations of human rights and other crimes recognized by international law, and, where permitted by law or consistent with local practice, investigation of such offences.
16. When prosecutions come into possession of evidence against suspects obtained, as they know or have reasonable grounds to believe, through unlawful methods that constitute a gross violation of the suspect's human rights, especially those involving torture or cruelty, inhuman or degrading treatment or punishment, or other violations of human rights, they refuse to use such evidence against any person other than those who have used such methods, or inform the court accordingly and take all necessary measures to ensure that those responsible for the use of such methods were brought to justice.
Discretionary functions
17. In countries where prosecutors are empowered to exercise discretionary functions, the law or published rules or regulations provide guidelines for enhancing fairness and consistency in the approach to decision-making in the prosecution process, including the commencement or dismissal of prosecutions.
Alternatives to prosecution
18. In accordance with national law, prosecutions shall give due consideration to dismissal of prosecution, conditional or unconditional suspension of proceedings, or withdrawal of criminal cases from the formal justice system, while fully respecting the human rights of the suspect(s) and victims (victims). To the same end, states should fully explore the possibility of adopting recall programs not only to reduce the overburdening of courts, but also to avoid the ignominy associated with pre-trial detention, prosecution and conviction, as well as the possible negative consequences of imprisonment.
19. In countries where prosecutors are given the discretion to decide whether or not to prosecute a minor, the nature and developmental level of the minor is particularly considered. In making this decision, prosecutors shall give particular consideration to the alternatives to prosecution available under the relevant juvenile justice laws and procedures. Prosecutors shall make every effort to ensure that the prosecution of juveniles is carried out only within strictly necessary limits.
Relationships with other government bodies or agencies
20. To ensure the fairness and effectiveness of prosecutions, prosecutions seek to cooperate with the police, courts, lawyers, public prosecutors and other government bodies or agencies.
Disciplinary sanctions
21. Proceedings to impose disciplinary sanctions on prosecuting persons are based on law or regulations. Complaints against prosecutors alleging that their actions have clearly violated professional standards are dealt with promptly and impartially in accordance with the relevant procedure. Prosecutors have the right to a fair hearing. The decision is subject to review by an independent party.
22. Proceedings to impose disciplinary sanctions on persons carrying out prosecutions guarantee an objective assessment and an objective decision. It is carried out in accordance with the law, the Code of Professional Conduct and other established standards and ethics, and in the light of these Guidelines.
Compliance with the Guiding Principles
23. Prosecutors comply with these Guidelines. They also, to the best of their ability, prevent any violation of the Guiding Principles and actively oppose such violations.
24. Prosecutors who have reason to believe that a violation of these Guidelines has occurred, or may soon occur, report the matter to their superiors and, as appropriate, to other appropriate bodies or authorities with the power to investigate or correct such violations.
The text of the document is verified by:
"Collection of standards and norms
United Nations
in the field of crime prevention
and criminal justice,
New York, 1992