Guidelines on the Role of Prosecutors
Adopted by the Eighth United Nations Congress on the Prevention
of Crime and the Treatment of Offenders, Havana, Cuba,
27 August to 7 September 1990
Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their
determination to establish conditions under which justice can be maintained, and proclaim as one of
their purposes the achievement of international cooperation in promoting and encouraging respect for
human rights and fundamental freedoms without distinction as to race, sex, language or religion,
Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law,
the presumption of innocence and the right to a fair and public hearing by an independent and impartial
tribunal,
Whereas frequently there still exists a gap between the vision underlying those principles and the actual
situation,
Whereas the organization and administration of justice in every country should be inspired by those
principles, and efforts undertaken to translate them fully into reality,
Whereas prosecutors play a crucial role in the administration of justice, and rules concerning the
performance of their important responsibilities should promote their respect for and compliance with the
above-mentioned principles, thus contributing to fair and equitable criminal justice and the effective
protection of citizens against crime,
Whereas it is essential to ensure that prosecutors possess the professional qualifications required for the
accomplishment of their functions, through improved methods of recruitment and legal and professional
training, and through the provision of all necessary means for the proper performance of their role in
combating criminality, particularly in its new forms and dimensions,
Whereas the General Assembly, by its resolution 34/169 of 17 December 1979, adopted the Code of
Conduct for Law Enforcement Officials, on the recommendation of the Fifth United Nations Congress on
the Prevention of Crime and the Treatment of Offenders,
Whereas in resolution 16 of the Sixth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, the Committee on Crime Prevention and Control was called upon to include
among its priorities the elaboration of guidelines relating to the independence of judges and the
selection, professional training and status of judges and prosecutors,
Whereas 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, subsequently endorsed by
the General Assembly in its resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985,
Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
recommends measures to be taken at the international and national levels to improve access to justice
and fair treatment, restitution, compensation and assistance for victims of crime,
Whereas , in resolution 7 of the Seventh Congress the Committee was called upon to consider the need
for guidelines relating, inter alia , to the selection, professional training and status of prosecutors, their
expected tasks and conduct, means to enhance their contribution to the smooth functioning of the
criminal justice system and their cooperation with the police, the scope of their discretionary powers,
and their role in criminal proceedings, and to report thereon to future United Nations congresses,
The Guidelines set forth below, which have been formulated to assist Member States in their tasks of
securing and promoting the effectiveness, impartiality and fairness of prosecutors in criminal
proceedings, should be respected and taken into account by Governments within the framework of their
national legislation and practice, and should be brought to the attention of prosecutors, as well as other