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Guidelines on the Role of Prosecutors
Adopted by the Eighth Crime Congress, Havana, 27 August-7 September 1990 Qualifications selection and training Persons selected as prosecutors shall be individuals of integrity and ability, with appropriate training and qualifications. States shall ensure that: Status and conditions of service Prosecutors, as essential agents of the administration of justice, shall at all times maintain the honor and dignity of their profession. States shall ensure that prosecutors can perform professional functions without intimidation, hindrance, harassment, improper
interference or unjustified exposure to civil, penal or other liability. Prosecutors and their families shall be physically protected by the authorities when personal safety is threatened due to discharge of professional functions. Reasonable conditions of service of prosecutors, adequate remuneration and, where applicable, tenure, pension and age of retirement shall be set out by law or published rules or regulations. Promotion of prosecutors, wherever such a system exists, shall be
based on objective factors, such as ability, integrity and experience, and decided through fair and impartial procedures. Freedom of expression and association Prosecutors, like other citizens, are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of
matters concerning the law and human rights and to join or form local, national or international organizations and attend meetings, without suffering professional restrictions. In exercising these rights, prosecutors shall always conduct themselves in accord with the law and recognized standards of the profession. Prosecutors are to be free to form and join professional associations or other organizations to represent their interests, promote professional training and protect their status.
Role in criminal proceedings The office of prosecutors shall be strictly separated from judicial proceedings. Prosecutors are to take an active role in criminal proceedings, including institution of prosecution and, where authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of
these investigations, supervision of the execution of court decisions and the exercise of other functions as representatives of the public interest. Prosecutors shall perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and human rights. In the performance of their duties, prosecutors shall: Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded. When prosecutors come into possession of evidence against suspects that they know or believe to be obtained through recourse to unlawful methods, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence
against anyone other than those who used such methods, or inform the court accordingly, and shall take all necessary steps to ensure that those responsible are brought to justice. Discretionary functions In countries where prosecutors are vested with discretionary functions, the law or published rules or regulations shall provide guidelines to enhance fairness and consistency in taking decisions, including institution or waiver of prosecution. Alternatives to prosecution In accord with national law, prosecutors should consider waiving prosecution, discontinuing proceedings conditionally or unconditionally or diverting criminal cases from the formal justice system, with full
respect for the rights of suspect and victim. States should fully explore the possibility of adopting diversion schemes. In countries where prosecutors are vested with discretion in deciding whether or not to prosecute a juvenile, special consideration should be given to the nature and gravity of the offense, protection of society and the personality and background of the juvenile. They shall particularly consider available alternatives to prosecution, and take prosecutory action only to
the extent strictly necessary. Relations with other government agencies or institutions To ensure fairness and effectiveness, prosecutors shall cooperate with the police, the courts, the legal profession, public defenders and other government agencies or institutions. Disciplinary proceedings Disciplinary offenses of prosecutors shall be based on law or lawful regulations. Complaints which allege that prosecutors acted in a manner out of the range of professional standards shall be processed expeditiously and fairly under appropriate procedures. Prosecutors have the right to a fair hearing. The decision is to be subject to independent review.
Disciplinary proceedings against prosecutors shall guarantee an objective evaluation and decision and be determined in accord with the law, the code of professional conduct and other established standards and in the light of the present Guidelines. Observance of the Guidelines Prosecutors shall respect the present Guidelines and to the best
of their capability prevent and oppose any violations thereof. Prosecutors with reason to believe a violation of the Guidelines has occurred or is about to occur shall report the matter to their superior authorities and, where necessary, to other appropriate authorities vested with reviewing or remedial power. | |||||
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