8th UN Congress 1990. Tenth UN Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses. Alternatives to prosecution

Framework for the Role of Lawyers (UN)
(adopted by the 8th United Nations Congress on the Prevention of Crime
in August 1990 in Havana)

Because the:

The Charter of the United Nations reaffirms the right of the people of the world to create the conditions under which the rule of law will be respected and proclaims as one of its 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 human rights and fundamental freedoms to which all human beings are entitled shall be accorded to them in economic, social, cultural, civil and political life and requires that all persons have effective access to legal aid 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 the 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 effective procedure and a working mechanism for real and equal access to lawyers for 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, should 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, obtains 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 law on grounds of race, colour, sex, ethnic origin, religion, political or other opinion, property, place of birth, economic or other status.

11. In countries where there are groups, communities or regions whose needs for legal assistance 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 the principles of work legal system because 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 seek respect for 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 a lawyer who is admitted to practice to represent the interests of 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 debate 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 threat of restriction. professional activity by reason of 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 the provisions national law and custom and recognized by international standards and norms.

27. Accusation or initiation of proceedings against a lawyer, in connection with his professional work should be made in a fast 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.

Problems international cooperation in the fight against criminality how social and humanitarian issues are considered by the Economic and Social Council of the United Nations. 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 issues international cooperation in crime prevention, control and treatment of offenders. IN last 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 activity of the Congress is the Resolutions 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 quite justified, because the main participant international relations is the state. The official and working languages ​​of the Congress are Arabic, Chinese, English, French, Russian and Spanish.

Since 1955, more than 50 difficult topics. Many of them were devoted either to the problem of crime prevention, which is the immediate task of this international conference as a specialized body of the UN, or 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: coordinated international response.

5. Strategies and the best views crime prevention practices in correctional institutions.

Congress once again demonstrated its unique opportunities scientific-theoretical and practical world forum on combating the socio-political, 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 the multilateral professional expertise needed in resolving issues social protection(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 is purposeful and based on the principles sovereign equality 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 conclusions 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.

The elevation of the status of one of the important subsidiary bodies of the UN system to an 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 actors international law 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.

Adopted by the Eighth United Nations Congress
on crime prevention and the treatment of offenders;
Havana, 27 August - 7 September 1990

Eighth United Nations Congress on
crime prevention and treatment of offenders, with reference to the Milan Plan of Action* adopted on the basis of
consensus by the Seventh United Nations Congress on
crime prevention and treatment of offenders and
endorsed by the General Assembly in its resolution 40/32 of 29
November 1985, ___________________
* See Seventh United Nations Congress on
crime prevention and treatment of offenders,
Milan, 26 August - 7 September 1985 (organization publication
United Nations, Sales No. E.86.IV.I), chapter 1, section A.
Recalling also Resolution 18 of the Seventh Congress*, in
which Congress recommends that Member States protect
practicing lawyers from undue restrictions and pressure when
performance of their functions, ___________________
* Ibid., section E.
Welcoming the work done in pursuance
Resolution 18 of the Seventh Congress by the Committee for the Prevention
crime and combating it, the Interregional Preparatory
meeting for the Eighth United Nations Congress on
crime prevention and treatment of offenders
United Nations standards and guidelines in
areas of crime prevention and criminal justice and their
implementation and priorities in relation to the establishment of new
standards*, and regional preparatory meetings for the eighth
Congress, __________________
*A/CONF. 144/IPM.5.
1. Adopts the Basic Principles on the Role of Lawyers,
contained in the annex to the present resolution; 2. Recommends Basic Principles for decision-making and
implementation at the national, regional and interregional
levels, taking into account political, economic, social and
cultural conditions and traditions of each country; 3. Invites Member States to take into account and comply with
Basic principles within their national legislation and
practices; 4. Also invites Member States to bring the Basic
principles to the attention of lawyers, judges, officials
executive power and legislative power and the population in
in general; 5. Further invites Member States to inform
Secretary General every five years since 1992 on progress
implementation of the Basic Principles, including their
dissemination, their incorporation into domestic legislation,
practices, procedures and policies, about problems arising from
their implementation at the national level, and the assistance that,
possibly required by international community and asks
Secretary-General to report accordingly to the ninth
United Nations Congress on Prevention
crime and the treatment of offenders; 6. Calls on all governments to encourage national and
regional level workshops and training courses dedicated to the role
lawyers and respect for equal conditions of access to the legal profession; 7. Urges the regional commissions, regional
and interregional institutions dealing with
crime prevention and criminal justice,
specialized agencies and other organs of the Organization system
United Nations, other interested intergovernmental
organizations under the Economic and Social Council, to adopt
active participation in the implementation of the basic principles and
inform the Secretary General of the work done on
dissemination and implementation of the Basic Principles and the extent to which they
implementation and requests the Secretary-General to include this
information in his report to the Ninth Congress; 8. Encourages the Committee on Crime Prevention and Control
to consider as a matter of priority the question of ways and
means of ensuring the effective implementation of this
resolutions; 9. Requests the Secretary-General: a) to take action, if necessary, to bring
this resolution to the attention of governments and all
interested United Nations bodies and
ensure the widest possible dissemination of the Basic
principles; b) include the Core Principles in the next edition of the publication
United Nations titled "Human Rights:
Compendium of International Instruments"; (c) to provide governments, at their request, with
experts and regional and interregional consultants for
assist in the implementation of the Basic Principles and provide
to the Ninth Congress a report on the technical
assistance and training; d) Submit to the Crime Prevention Committee and
fight against it at its twelfth session, a report on the measures taken to
implementation of these Basic Principles.
Application
Basic principles concerning the role of lawyers
Whereas the peoples of the world declare in the Charter
United Nations (995_010), in particular about its
determination to create conditions under which the
justice, and proclaim as one of their goals
implementation of international cooperation in providing and
promoting respect for human rights and fundamental freedoms without distinction
race, sex, language and religion, whereas the Universal Declaration of Rights
rights (995_015)* the principles of equality before
law, the presumption of innocence, the right to have a case
considered publicly and in compliance with all requirements of fairness
independent and impartial tribunal, and all necessary guarantees
for the defense of any person accused of a crime, ___________________
Bearing in mind that the International Covenant on Civil
and political rights (995_043)* also proclaims the right
be tried without undue delay and the right to a fair and
public hearing by a competent, independent and
an impartial tribunal established by law, ___________________
Bearing in mind that the International Covenant on
economic, social and cultural rights (995_042)*
recalls the duty of States under the Charter of the Organization
United Nations to promote universal respect and respect for
rights and human freedoms, ___________________
* Resolution 2200 A (XXI) of the General Assembly.
Bearing in mind that the Body of Principles for the Protection of All Persons,
subject to any form of detention or imprisonment
(995_206)*, provides that a detained person has the right
use the assistance of a legal adviser, contact and consult
with him, ___________________
* General Assembly resolution 43/173, annex.
Whereas in the Standard Minimum Rules
treatment of prisoners (995_212)*, in particular, it is recommended
provide untried prisoners with legal assistance and
confidential treatment of a lawyer, ___________________
* See Human Rights: A Compilation international treaties
(United Nations publication, Sales No. E.86.XIV.
1), section G.
Whereas in the Measures Guaranteeing the Protection of the Rights
those sentenced to death (995_226)* is confirmed
the right of anyone suspected or accused of committing
a crime for which the death penalty can be imposed
appropriate legal assistance at all stages of legal proceedings in
in accordance with article 14 of the International Covenant on Civil and
political rights, ___________________
* Resolution 217 A (III) of the General Assembly.
Bearing in mind that the Declaration of Basic Principles
justice for victims of crime and abuse of power
(995_114)* recommended measures to be taken on
international and national levels to facilitate victims
crimes of access to justice and fair treatment,
restitution, compensation and assistance, __________________
* General Assembly resolution 40/34.
Whereas, in order to provide adequate protection
human rights and fundamental freedoms to be enjoyed by all
people, whether or not these rights are economic,
social and cultural or civil and political,
it is necessary that all people really have access to
legal services provided by independent
professional lawyers, taking into account that professional associations
lawyers have a fundamental role to play in ensuring compliance
professional standards and ethics in protecting its members from
persecution and unlawful restrictions and encroachments, in
providing legal services to all those in need and
cooperation with government and other institutions in
promoting the goals of justice and upholding
public interest, the following Basic Principles on the Role of Lawyers,
formulated to assist Member States in
fulfillment of their task of development and ensuring their proper role
lawyers should be respected and taken into account by governments within the
their national laws and practices and should be
brought to the attention of lawyers, as well as other persons, such as
judges, prosecutors, representatives of the executive and legislative
organs and the general population. These principles, if necessary,
also apply to persons who perform the functions of lawyers other than
having the official status of such.
Access to lawyers and legal services
1. Everyone has the right to apply to any lawyer for
help to defend and assert his rights and protect him at all
stages of criminal proceedings. 2. The government provides efficient procedures and flexible
mechanisms for effective and equal access to lawyers for all persons,
within their territory and subject to their jurisdiction, without
any distinction, such as discrimination based on race,
skin color, ethnicity, gender, language, religion,
political or other opinions, national or social
origin, property, class, economic or
a different position. 3. Governments ensure that sufficient
financial and other means to provide legal services to the poor and,
if necessary, to other persons in
unfavorable position. Professional associations of lawyers
cooperate in the organization and provision of services, facilities and other
resources. 4. Governments and professional associations of lawyers
promote programs to inform people about their
rights and obligations under the law and important role
lawyers in protecting their fundamental freedoms. Particular attention should be
give aid to the poor and others in need
disadvantaged position so that they can defend their
rights and, when necessary, seek legal advice.
Special safeguards in criminal matters
5. Governments shall ensure that the competent authorities
immediately informed each person of his right to use
assistance of a lawyer of his choice upon arrest or detention, or upon
charging him with a criminal offence. 6. Whenever the interests of justice so require,
every such person who does not have a lawyer is entitled to assistance
a lawyer whose experience and competence correspond to the character
offense imposed for the purpose of granting him
effective legal aid free of charge if he does not have
sufficient funds to pay for the services of a lawyer. 7. In addition, governments ensure that all
arrested or detained persons, regardless of whether
whether they are charged with a criminal offense or not,
have immediate access to a lawyer and in any case no later than
than forty-eight hours from the moment of arrest or detention. 8. To all those arrested, detained or imprisoned
persons shall be provided with adequate opportunities, time and conditions for
visits to a lawyer, intercourse and consultation with him without delay,
interference or censorship and with full
privacy. Such consultations may take place in
presence of law enforcement officials, but without
opportunity to be heard by them.
Qualification and training
9. Governments, professional associations of lawyers and
educational institutions provide appropriate qualifications and
training of lawyers and their knowledge of professional ideals and
moral obligations, as well as human rights and fundamental freedoms,
recognized by national and international law. 10. Governments, professional associations of lawyers and
educational institutions ensure that there is no discrimination to the detriment of
any person with respect to the commencement or continuation
professional legal practice based on race, color
skin, gender, ethnicity, religion, political or
different views, national or social origin,
property, class, economic or other status, for
except that the requirement that a lawyer must
be a citizen of the respective country is not considered
as discriminatory. 11. In countries where groups, communities and regions exist,
whose needs for legal services are not met,
especially where such groups have a distinctive culture,
traditions or language, or were victims of discrimination in
past, governments, professional associations of lawyers and
educational institutions should take special measures to ensure that
provide opportunities for candidates from these groups to access
to the legal profession and to ensure that they are educated,
appropriate to the needs of their groups.
Functions and responsibilities
12. Lawyers in all circumstances maintain honor and
dignity inherent in their profession, as responsible employees in
areas of administration of justice. 13. In relation to their clients, lawyers perform the following
functions: a) advising clients regarding their legal rights
and the duties and operation of the legal system, to the extent that it
concerns the legal rights and obligations of clients; b) assisting clients by any means available and
taking legislative measures to protect them or their interests; c) providing, if necessary, assistance to clients in courts,
tribunals or administrative bodies. 14. Protecting the rights of their clients and defending the interests
justice, lawyers should contribute to the protection of human rights and
fundamental freedoms recognized by national and international law, and
at all times act independently and in good faith in
in accordance with the law and recognized standards and professional
lawyer ethics. 15. Lawyers always strictly observe the interests of their clients.
Guarantees in relation to the performance of their duties by lawyers
16. Governments shall ensure that lawyers: (a) are able to perform all their professional duties in
an environment free from threats, obstruction, intimidation or
unjustified interference; b) were able to travel and freely
consult with their clients domestically and internationally
outside; and (c) have not been prosecuted or sued,
administrative, economic or other sanctions for any
actions taken in accordance with recognized
professional responsibilities, norms and ethics, and
threats of such persecution and sanctions. 17. Where there is a security risk
lawyers as a result of the performance of their functions, power
provide them with adequate protection. 18. Lawyers do not identify with their clients or
interests of their clients as a result of their fulfillment of their
functions. 19. No court or administrative body in which
recognizes the right to a lawyer, does not refuse to recognize the rights
lawyer to defend the interests of his client in court, with the exception of
where a lawyer has been denied the right to exercise his
professional obligations under national law
and practice and in accordance with these principles. 20. Lawyers enjoy civil and criminal immunity in
relevant statements made in good faith in
in the form of written submissions to the court or oral presentations in court
or during the performance of their professional duties in
court, tribunal or other legal or administrative
organ. 21. Competent authorities are obliged to provide lawyers
sufficient early access to relevant information, dossiers
and documents in their possession or under their control,
to enable lawyers to provide effective
legal assistance to their clients. Such access should
provided as soon as the need arises. 22. Governments recognize and provide confidential
the nature of any communications and consultations between lawyers and their
clients in their professional relationship.
Freedom of opinion and association
23. Lawyers, like other citizens, have the right to freedom
expression of opinion, belief and assembly. In particular, they have
the right to take part in public discussions on issues
relating to the law, the administration of justice and the promotion and protection of the rights
person, and be members of local, national or international
organizations or create them and take part in their meetings,
not subject to restrictions on their professional activities
due to their lawful actions or membership in a lawful
organizations. In exercising these rights, lawyers in their actions
always guided by law and recognized norms and
professional ethics of a lawyer.
Professional associations of lawyers
24. Lawyers have the right to create and be members
independent professional associations representing them
interests that promote them continuing education and preparation
and protecting their professional interests. Executive agency
professional organizations elected by its members and
their functions without outside interference. 25. Professional associations of lawyers cooperate with
governments to ensure that all individuals have a real
and equal access to legal services and that lawyers have
opportunity, without undue interference, to advise and
provide assistance to clients in accordance with the law and recognized
professional standards and ethical standards.
Disciplinary measures
26. Lawyers through their respective authorities or
legislatures develop in accordance with the national
laws and customs and recognized international
standards and norms codes of professional conduct for lawyers. 27. Accusations or complaints against lawyers acting in
their professional capacity, are subject to prompt and
objective review in accordance with due process.
Lawyers have the right to a fair hearing, including
the right to be assisted by a lawyer of their choice. 28. Disciplinary action against lawyers is being considered
an impartial disciplinary committee set up by lawyers, in
independent body prescribed by law or before a court and are subject to
independent judiciary. 29. All disciplinary measures are determined in accordance with
code of professional conduct and other recognized
standards and professional ethics of a lawyer and in the light of these
principles.
"People's rights and professional standards for lawyers", 1996

The third stage of international cooperation on penitentiary problems begins after the creation in 1947. United Nations. Under the auspices of the UN since 1955. The third series of international congresses on the prevention of crime and the treatment of offenders is currently underway. Such congresses are held once every five years in the form of specialized conferences. The legal basis for their activities is the resolutions of the UN General Assembly, the Economic and Social Council. As a rule, UN congresses end with the adoption of a final document - a report on the problems under consideration. The report, resolutions and other decisions of the congresses, although they are advisory in nature, however, are exclusively importance to establish close cooperation between countries in the fight against crime and the treatment of offenders, facilitating a wide exchange of experience between penitentiary institutions.

A total of nine such congresses have been held in the past period. Government organizations, representatives of UN specialized agencies and international organizations, as well as individuals who are specialists in this field, took part in their work. Our country has been participating in the third series of congresses since 1960, i.e. from the second congress.

The first UN Congress on the Prevention of Crime and the Treatment of Criminals was held in August-September 1955 in Geneva. The congress agenda included five items: Standard Minimum Rules for the Treatment of Prisoners; open correctional facilities; penitentiary labor; the recruitment, training and status of prison staff; prevention of juvenile delinquency.

The historic significance of the first UN Congress is that it adopted the Standard Minimum Rules for the Treatment of Prisoners. Currently, they are the most important international document protecting the rights and interests of convicts. This is a kind of "Magna Carta" of the rights of convicts.

The adoption of this document, in fact, was the work of all previous congresses of the first and second series. The history of the creation of international standards for the treatment of prisoners begins with the London Congress of 1872, which adopted a document called "Principles of Penitentiary Science", which was the first attempt to describe international rules for the treatment of prisoners. It is mentioned in the materials of ten congresses held from 1872 to 1925. This period can be called the first, preparatory period in the history of the creation of international standards for the treatment of prisoners.

Since 1925, with the London Congress, the second period of the creation of international rules for the treatment of prisoners begins. First, at this congress, then at a meeting of the International Criminal and Penitentiary Commission, a proposal was made to create a single document that would determine the minimum rights of persons deprived of their liberty, by decision of the judicial authorities. In 1929 a preliminary version of such a document was created, which consisted of fifty-five rules. In 1933 finalized the first international draft minimum rules for the treatment of prisoners. This project was approved by the League of Nations in 1934 and lasted until 1949.

The third stage in the development of international rules for the treatment of prisoners begins in 1949. This year in Bern, at a meeting of the International Criminal and Penitentiary Commission, it was recommended to develop new version rules in response to changing conditions. By 1951, such an option had been developed and submitted to the UN. The first United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955, adopted the Standard Minimum Rules for the Treatment of Prisoners as one of its resolutions.

On the second subject under discussion, the First Congress adopted a resolution entitled "Open Penitentiary and Correctional Institutions". It indicated the characteristic features of an open institution, gave recommendations on the procedure for keeping convicts in them, determining the category of persons who could be sent to them. It was emphasized that these institutions are important from the point of view of the social rehabilitation of convicts, their adaptation to the conditions of freedom.

The resolution "Selection and training of personnel for penitentiary correctional institutions" stressed the importance of the following issues: (a) the nature of the prison system; b) the status of prison staff and conditions of service; c) recruitment of service personnel; d) professional training.

According to the above resolution, employees of penitentiary institutions should be equated with highly paid civil servants who do not need housing and other communal benefits. Their service cannot be organized on the principles of military regulations, however, in order to ensure subordination, they are subject to the disciplinary regulations. Prison staff should be staffed with specialists from among qualified psychiatrists, psychologists, social workers, teachers, labor instructors. To improve their professional level, special educational institutions should be created, various seminars for the exchange of experience and advanced training should be organized.

The Second United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held from 8 to 20 August 1960. in London. The congress agenda included the following issues: 1) new forms of juvenile delinquency, their origin, prevention and treatment of juvenile delinquents; 2) special police services for the prevention of juvenile delinquency; 3) prevention of crimes that are the result of social changes and are associated with economic development less developed countries; 4) short-term imprisonment; 5) preparation of prisoners for release and post-penitentiary assistance, as well as assistance to dependents of prisoners; 6) the use of prison labor within the framework of the national economy, including the issue of remuneration of prisoners.

The central issue of this congress was the issue of combating juvenile delinquency. Questions of purely penitentiary problems were considered by only one section. In particular, at this section, the report "Preparation of prisoners for release and post-penitentiary assistance, as well as assistance to the dependents of prisoners" was made, the main idea of ​​which was that the preparation of prisoners for release should be carried out in the last period of serving a sentence. For the first time, delegates from our country took part in this congress, who defended a different point of view: preparation for release should be carried out during the entire period of serving the sentence and should be aimed at reforming the convicts.

At the meeting of the section, the second report "The use of prison labor in the framework of the national economy, including the question of remuneration of prisoners for work" was also heard. The prevailing point of view was that labor is a means of correcting prisoners, and not a punishment. Congress recommended that the quality of labor be considered as one of the factors influencing the decision on the issue of early release of prisoners. In the matter of introducing prisoners to work, it was recommended that their vocational training be considered mandatory. It was emphasized that school and vocational training should be based on nationwide programs and enable prisoners to receive the same documents after graduation as in ordinary institutions outside.

The Third United Nations Congress on the Prevention of Crime and the Treatment of Offenders met in Stockholm from 9 to 18 August 1965. The congress agenda included the following issues: 1) social change and crime prevention; 2) social factors and crime prevention; 3) public preventive measures (preparation and implementation of programs related to medical, police and social services); 4) measures to prevent recidivism (harmful consequences of pre-trial detention and inequality in the administration of justice); 5) correctional term and other measures outside correctional institutions; 6) special preventive and corrective measures for young people.

The agenda shows that the attention of this congress was focused mainly on issues of criminal law and criminology. Nevertheless, considering the issues of recidivism, the congress somehow touched upon the activities of correctional institutions. In particular, the following was noted:

a) if the purpose of deprivation of liberty is to protect society from criminal encroachments, then this can be achieved only through the correction of offenders;

b) a purely punitive approach cannot achieve this goal;

c) the reduction of recidivism is influenced by such factors as the preparation of convicts for release, the provision of leave to convicts before release, the provision of assistance after release (labor and household arrangements);

d) convicts are negatively affected by the factors of deprivation of liberty, therefore it does not benefit either the offender or society;

e) it is necessary to apply more often when applying punishment to the system of measures excluding deprivation of liberty, preserving the latter for the most dangerous criminals;

f) persons who have committed crimes for the first time should seek to apply a conditional sentence, a sentence with a probationary period, a fine, work outside the place of deprivation of liberty;

and) long terms punishments (ten or more years) do not reach the goal of correction;

h) within the walls of a penitentiary institution, there are two opposite social systems - the administration and prisoners -, and due to the fact that the latter is determined by anti-social values ​​and norms, it significantly affects the emergence of crime within the walls of prison institutions;

i) recidivism depends more often not so much on the work of a penitentiary institution, but on the work of state bodies outside this institution.

In discussing the issue of special and corrective measures for young people, a number of interesting recommendations have been made. For example, in relation to this category of persons, it is recommended to apply a measure of restraint in the form of detention as rarely as possible, and in the case of detention of minors, they should be kept separately from other categories of offenders. For juveniles and young offenders, traditional forms of imprisonment should be avoided, and it is recommended that they be placed in open prisons, in which serious attention is paid to vocational training and preparation for release.

Fourth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in August 1970. in Kyoto (Japan), was held under the motto "Development and Crime". The congress agenda included the following issues: 1) social protection policy in relation to development planning; 2) public participation in the prevention of crime and the fight against it, including juvenile delinquency; 3) Standard Minimum Rules for the Treatment of Prisoners in their latest developments in correctional practice; 4) organization of scientific research for the development of policy in the field of social protection.

Judging by the agenda, this congress was also basically criminological in nature. However, the issue of the Standard Minimum Rules for the Treatment of Prisoners was a purely penitentiary issue. The following areas were discussed at the congress: (a) the nature of the Standard Minimum Rules; b) their scope; c) their status; d) their application on a national and international scale; e) the need for their improvement.

It was stated at the congress that although the Standard Minimum Rules are of a universal nature, nevertheless, they must be applied flexibly, taking into account the national-historical, socio-economic and spiritual characteristics of each country that takes these rules as a model for the treatment of criminals. In the light of these circumstances, for the time being, to turn the Standard Minimum Rules for the Treatment of Prisoners into a rank international convention prematurely, without removing this issue from the agenda in the future.

At the congress, the speech of delegates from the USSR was heard on the new corrective labor legislation, which in many norms absorbed the progressive ideas of the Standard Minimum Rules for the Treatment of Prisoners.

Based on the results of the consideration of the Standard Minimum Rules for the Treatment of Prisoners, the Congress recommended: a) the UN General Assembly - to adopt a resolution that would approve the rules themselves and their application by all UN member states; b) the Economic and Social Council and the Secretary General to implement measures aimed at promoting scientific research and development of technical assistance, set up an ad hoc working group of qualified experts to study the rules; V) working group experts - to give an international assessment of the application of the rules.

The Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders has been held since September 1975 in Geneva (Switzerland). Five sections worked in accordance with the agenda:

1) change in the forms and scale of crime - international and domestic;

2) the role of criminal legislation, administration of justice and other forms of public control in the prevention of crime;

3) a new role for the police and other law enforcement agencies, with particular emphasis on changing environments and minimum efficiency measures;

4) treatment of convicts;

5) economic and social consequences of crime: new challenges in research and planning.

This congress, at breakout sessions, considered issues that are mainly of a criminal law and criminological nature: crime as a form of business in the domestic and international level; crime related to alcohol and drug abuse, migration, road traffic etc. The issues of professional training of political personnel, international police cooperation, etc. were also touched upon.

The fourth section discussed purely penitentiary issues. The draft report "Treatment of imprisoned and at-large offenders, with particular reference to compliance with adopted by the Organization United Nations Standard Minimum Rules for the Treatment of Prisoners. The congress participants drew attention to the issues of humane criminal justice and correctional systems, the replacement of imprisonment with alternative measures. It was found that the ultimate goals of the correctional system are: the resocialization of the offender; the protection of society and the reduction of crime. It was also stated that, in the interests of reforming the correctional system, it is expedient to provide reliable guarantees for the protection of the rights of convicts, to expand the participation of citizens in the development and implementation of penitentiary programs, and to strengthen the interaction of correctional institutions with healthcare and social welfare institutions.

The penitentiary section also discussed and adopted "Procedures for effective implementation Standard Minimum Rules for the Treatment of Prisoners". This document regulates the main provisions for the application of the Rules (inclusion in national legislation), the system for collecting information on their application, mandatory familiarization of prisoners with them, and methods for their distribution.

The application and improvement of the Rules should be dealt with by a permanent committee on crime prevention, as structural divisions Economic and Social Council of the United Nations. The session also made recommendations on the inclusion of the Standard Minimum Rules in learning programs for the training of employees of penitentiary institutions.

The Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held in November 1980. in Caracas (Venezuela). The work of the congress sections was carried out in the following areas:

1) Trends in the field of crime and a strategy to overcome it;

2) Prosecution of juvenile offenders before and after the commission of crimes;

3) Crime and abuse of power, offenses and offenders beyond the reach of the law;

4) Reorganization in the field of correctional measures and its impact on those in detention;

5) United Nations standards and guidelines in the administration of criminal justice; the death penalty.

6) New Perspectives in Crime Prevention and Criminal Justice; the role of international cooperation.

Problems related to the field of penology were considered during the discussion of the fourth agenda item of the congress. As a result of the discussion, a declaration ("Caracas") and a resolution (decisions) on problems of criminal justice and the treatment of offenders were adopted. They focused on the following:

a) search for new criminal law measures that come as an effective alternative to punishment in the form of deprivation of liberty;

b) active involvement of the public in the process of implementation of measures alternative to deprivation of liberty, in particular in the implementation of measures to return offenders to socially useful activities;

c) reducing the number of prisons.

On the fifth item on the congress agenda, much attention was paid to capital punishment - the death penalty. The delegates of some countries (Sweden, Austria) proposed to exclude it from the criminal law as inhumane and immoral. However this proposal was rejected by the majority of the delegates. They spoke in favor of retaining the death penalty as a temporary measure for the most serious crimes (against peace, military crimes and crimes against humanity).

The congress also discussed the following issues: a) the implementation of human rights covenants in relation to prisoners; b) on the development of a draft convention against torture and other cruel, inhuman or degrading forms of treatment or punishment; c) on the creation of a code of conduct for law enforcement officials, etc.

The Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders took place on August 26 - September 6 in Milan (Italy). This congress was held under the motto "Crime Prevention for Freedom, Justice, Peace and Development". The agenda included the following items:

1) new forms of crime crime prevention in the context of development; 2) future challenges; 3) processes and perspectives of criminal justice in a changing world; 4) victims of crimes; 5) youth, crime and justice; 6) development and application of UN standards and norms in the field of criminal justice.

This congress, in terms of the content of the issues under consideration, was of a criminological nature. However, the congress did not go unnoticed and penitentiary problems. Among the documents adopted at the congress was such a document as the UN Standard Minimum Rules. These rules related to the administration of juvenile justice and were called the Beijing Rules (their development was completed in Beijing). The Rules, in their most general form, provide guidance on juvenile justice, investigation and trial, adjudication and enforcement, and the treatment of juvenile offenders in and out of correctional facilities.

In the part concerning the treatment of criminals in correctional institutions, the provision is made that the purpose of educational work with minors is to provide guardianship and protection, receive education and professional skills, assist them in fulfilling a socially constructive and fruitful role in society. In addition, they should be provided with psychological, medical and physical assistance which should be provided taking into account their age, gender and personality, as well as the interests of their full development.

The Rules also emphasize that juveniles in correctional institutions should be held separately from adults (in separate institutions), they should be given the opportunity to meet with relatives, and inter-agency cooperation should be encouraged in order to provide them with a full education.

The congress also adopted a "Model Agreement for the Transfer of Foreign Prisoners" and "Recommendations for the Treatment of Foreign Prisoners".

The subject of special discussion at the congress was the treatment of prisoners. They concerned mainly the implementation of the "Standard Minimum Rules" adopted at the First Congress in 1955, as well as the resolution of the previous YI Congress, which paid special attention to international documents in the field of rights and their implementation in relation to prisoners. The result of discussions on this topic was a resolution entitled "Status of Prisoners".

The Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held in Havana from 27 August to 7 September 1990. The main theme of the congress: "International cooperation in the field of crime prevention and criminal justice in the XXI century". In accordance with it, the following issues were included in the agenda:

1) crime prevention and criminal justice in the context of development: reality and prospects for international cooperation;

2) criminal justice policy relating to prison issues and the implementation of other legal sanctions and alternative measures;

3 effective national and international action to combat organized crime and terrorist criminal activity;

4) crime prevention, juvenile justice and youth protection;

5) UN norms and guidelines in the field of crime prevention and criminal justice: their implementation and priorities in relation to the establishment of new norms.

A sharp controversy at the congress was caused by the question of the policy in the field of imprisonment. There were disputes about the possibility of re-educating a criminal in places of deprivation of liberty. delegates various countries looked at it differently. Some argued that punishment in itself carries elements of re-education, others were very skeptical about this idea in general. However, the delegates nevertheless came to the conclusion that if it is possible to re-educate a criminal, then the necessary measures should be taken for this.

Another important issue from the point of view of the penitentiary was the issue of alternative measures to deprivation of liberty. It turned out that the latter is the main form of punishment in different countries, and this worries many, since even at previous congresses it was recognized that keeping prisoners in places of deprivation of liberty is not effective, especially in relation to persons who have committed crimes of small or medium gravity. In this regard, it was proposed at the congress to use the systems of fines and material compensation to victims more widely. On this issue, it was decided to adopt the "United Nations Standard Minimum Rules for Non-custodial Measures" (the Tokyo Rules).

The Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held in Cairo (Egypt) in 1995.

The agenda of the congress included the following issues:

1) international cooperation and practical technical assistance in strengthening the rule of law: assistance in the implementation of UN programs in the field of crime prevention and justice;

2) measures to combat national and transnational economic and organized crime and the role of criminal law in protecting environment: national experience and international cooperation;

3) criminal justice and justice systems: management and improvement of the work of the police, prosecutors, courts and correctional institutions;

4) strategies in the field of crime prevention, in particular with regard to crime in urban areas and juvenile delinquency and violent crime, including the issue of victims.

Concerning the problems of work of correctional institutions, the following questions were considered at the congress. First, measures were discussed to improve the recruitment and training of prison officials as possible ways improving the treatment of offenders in prisons. Secondly, attention was drawn to the poor conditions that exist in prisons, as well as the significant costs of maintaining them. In this respect, correctional services are often sacrificed in some countries when national budgets are being cut or priorities are being reassessed. Thirdly, it was supposed to analyze the daily routine of prisons in order to more rationally manage their everyday life. Fourthly, it was emphasized that imprisonment should be combined with education, medical care and the implementation of various crime prevention programmes.

At the congress, the discussion of the problems of the application of punishments not related to isolation from society, begun at the thirteenth congress, continued. These penalties are considered appropriate for a significant number of criminal acts, despite the fact that, globally, the adoption of alternative measures to imprisonment is still at an early stage. It was also noted that in some countries over two thirds of all criminal cases heard by the judiciary did not result in a prison sentence. It is believed that such measures reduce the number of correctional staff and reduce the cost of such institutions, as well as indirectly contribute to the creation of more favorable conditions for the detention of prisoners in penitentiary institutions.

The congress also addressed the question of the implementation in practice of the Standard Minimum Rules for the Treatment of Prisoners. Noting the importance of these Rules for the development criminal policy and practice, the congress noted that in many countries there are many obstacles to their implementation. To solve this problem, it is proposed: a) to disseminate information about the practical functioning of penitentiary systems not only among governments, but also among professional organizations, scientific institutions, correctional organizations and the general public; b) widely disseminate to prison authorities a practical guide on the interpretation and application of the Standard Minimum Rules for the Treatment of Prisoners; c) exchange views on improving the conditions of detention of prisoners and strengthen cooperation in this field; d) encourage and support research on penitentiary systems carried out by the scientific community and non-governmental organizations; e) ensure the openness of information about penitentiary systems and improve the efficiency of their functioning by providing ways and means for monitoring their activities by independent national bodies, such as judicial review or parliamentary control, as well as authorized independent commissions to consider complaints.

Resolution IX of the Congress agreed that States should consider reviewing the penitentiary system, including the adoption of legislation to ensure its coherent functioning within the broader criminal justice system. To this end, Congress recommends:

(a) Strengthen coordination between the penitentiary system and the broader criminal justice system and ensure that the system is more closely involved in programming studies and drafting legislation;

b) ensure improvement educational institutions on the training of prison officials and staff as one of the main priorities in the modernization of the system, organize regular training programs and promote the exchange of information between the prison administration and the scientific university society;

c) continue and expand the exchange of information and technical cooperation at the international, regional and national levels in order to improve the training of correctional staff;

d) use, when appropriate, alternative penalties for offenders;

e) ensure respect for the dignity and rights of detainees by reviewing and amending, if necessary, the regulations governing the penitentiary system.

The Tenth UN Congress on the Prevention and Treatment of Offenders was held in April 2000 in Vienna (Austria). The agenda of the Congress included consideration of the following issues: strengthening the rule of law and strengthening the criminal justice system; international cooperation in the fight against transnational crime; new challenges in the ΧΧІ century; effective crime prevention in step with the latest developments; offenders and victims; responsibility and justice in the process of justice. Hence the motto of the Congress - "Crime and Justice: Responses to the Challenges of the ΧΧІ Century".

In addition, the workshops discussed topics such as: the fight against corruption; community involvement in crime prevention; crimes related to the use of a computer network; women in the justice system. Thus, the problems related to the execution of punishment were not considered at the Congress.

Particular attention at the Χ Congress was paid to the problem of organized crime, which has entangled all regions of the world with its tentacles and inflicts huge damage, estimated in many billions of dollars. It is associated with the ever-increasing production and distribution of drugs, the expansion of the illicit firearms market, dangerous trends in the rise of terrorism, and so on. therefore, in 2000, it is planned to sign the UN Convention against transnational organized crime, as well as three legal instruments on human trafficking; on smuggling of migrants; on the illegal manufacture and trafficking of firearms. In addition, the UN Office for Drug Control and Crime Prevention has recently created a unit for the prevention of terrorism, whose functions include monitoring and analyzing trends in this area around the world, reviewing the experience of various countries in the fight against terrorism and providing a global overview of this criminal phenomenon. .

The problem of strengthening the rule of law was discussed at the Congress. The approach to this problem was based on the concept of the rule of law and the nature of the rule of law. In this regard, recommendations were developed to ensure transparency in the formation of legislative policy and the administration of justice in criminal cases, which can lead to an increase in trust and respect for the law. When implementing measures to strengthen the rule of law, they should be approached consistently and realistically so that society and its citizens recognize it as their own.

It was also emphasized that there should be legal provisions governing the fight against organized crime, so that criminals would not be able to choose countries for their activities based on the principle of the least risk or the maximum possible profit.

On the issue of crime prevention, attention was drawn to the following:

a) progress in the field of theory and practice of situational (special) crime prevention (when crimes are repeatedly committed against a small part of the population and when they are committed in "hot spots", i.e. where they are most often committed);

b) development international principles crime prevention;

c) community involvement in crime prevention;

d) social consequences of crime, etc.

In the discussion on “offenders and victims”, it was noted that more than half of the victims of crime worldwide are not satisfied with the attitude of the police towards their complaints, that they receive a double trauma: both from the perpetrators and from the police.

The workshop on the position of women in the justice system noted the clearly disproportionate negative impact that transnational organized crime has on women, in particular those who are disadvantaged or as the most vulnerable victims. Therefore, in the protocols supplementing the draft Convention against Transnational Organized Crime, special attention is paid to the protection of victims of crime - in particular women and children - and to providing them with the necessary assistance.

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,
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* ..., 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 prosecutors,
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* 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 Member States also to bring the Guiding Principles to the attention of prosecutors and others, including judges, lawyers, executives and legislatures, and the population as a whole;

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 the 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.

Application. Guidelines on the role of prosecutors

Application

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,
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* 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 steps must be taken to give them full effect,

pay attention to that the prosecution is playing key role in the administration of justice, and the rules governing the exercise of their important functions, should promote their respect for the above principles and their observance, thereby contributing to fair and equitable criminal justice and the effective protection of citizens from crime,

pay attention to the importance of ensuring that those who carry out prosecutions have the appropriate vocational training necessary for the performance of their functions, which is achieved by improving the methods of recruitment and professional legal training and by ensuring all the necessary measures for the proper performance of their functions related to the fight against 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,
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* 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,
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* 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 to enhance their cooperation with the police, their discretionary powers and their role in criminal justice, and to report on this matter to future congresses of the United Nations,
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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 involving 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 prosecutors, their adequate remuneration and, where applicable, the term of office, pension provision and retirement age are set 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, abilities, moral character and experience and is 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 the investigation of a crime, overseeing the legality of those investigations, overseeing 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) carry out their functions impartially and avoid any discrimination on the basis of political opinions, social origin, race, culture, gender or any other discrimination;

b) protect state interests act objectively, take due account of the position 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, when 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 illegal methods that constitute a gross violation of the human rights of the suspect, especially those involving torture or cruelty, inhuman or degrading treatment or punishment, or other violations of human rights, they shall refrain from using such evidence against any person other than those who 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 the courts, but also to avoid the dishonor associated with pre-trial detention, indictment and conviction, as well as possible negative consequences imprisonment.

19. In countries where prosecutors are given the discretion to decide whether or not to prosecute a minor, the nature and level of development of the minor are specifically 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 for imposition disciplinary action on prosecuting persons is based on the 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 relevant 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