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11. Prosecutors shall perform 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.
12. Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and
expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to
ensuring due process and the smooth functioning of the criminal justice system.
13. In the performance of their duties, prosecutors shall:
( a ) Carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual
or any other kind of discrimination;
( b ) Protect the public interest, act with objectivity, take proper account of the position of the suspect
and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the
advantage or disadvantage of the suspect;
( c ) Keep matters in their possession confidential, unless the performance of duty or the needs of
justice require otherwise;
( d ) Consider the views and concerns of victims when their personal interests are affected and ensure
that victims are informed of their rights in accordance with the Declaration of Basic Principles of Justice
for Victims of Crime and Abuse of Power.
14. 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.
15. Prosecutors shall give due attention to the prosecution of crimes committed by public officials,
particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by
international law and, where authorized by law or consistent with local practice, the investigation of
such offences.
16. When prosecutors come into possession of evidence against suspects that they know or believe on
reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave
violation of the suspect's human rights, 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 for using such methods are brought to justice.
Discretionary functions
17. In countries where prosecutors are vested with discretionary functions, the law or published rules or
regulations shall provide guidelines to enhance fairness and consistency of approach in taking decisions
in the prosecution process, including institution or waiver of prosecution.
Alternatives to prosecution
18. In accordance with national law, prosecutors shall give due consideration to waiving prosecution,
discontinuing proceedings conditionally or unconditionally, or diverting criminal cases from the formal
justice system, with full respect for the rights of suspect(s) and the victim(s). For this purpose, States
should fully explore the possibility of adopting diversion schemes not only to alleviate excessive court
loads, but also to avoid the stigmatization of pre-trial detention, indictment and conviction, as well as
the possible adverse effects of imprisonment.
19. In countries where prosecutors are vested with discretionary functions as to the decision whether or
not to prosecute a juvenile, special consideration shall be given to the nature and gravity of the offence,
protection of society and the personality and background of the juvenile. In making that decision,