The Rules have for object foster a Most participación of the community in the management of the Justice penal, especially with regard to the treatment of the offender, as well as fostering among criminals a sense of their responsibility to the society.
The Minimum Rules of the United Nations on non-restrictive measures of the freedom (Tokyo Rules), adopted by the General Assembly at its resolution 45/110, of December 14, 1990.
I. General principles
1. Key objectives
1.1 These Minimum Rules contain a number of basic principles to promote the application of non-custodial measures. freedom, as well as minimum safeguards for persons to whom alternative measures apply. prison.
1.2 The Rules are intended to: object foster a Most participación of the community in the management of the Justice penal, especially with regard to the treatment of the offender, as well as fostering among criminals a sense of their responsibility to the society.
1.3 The Rules shall be applied taking into account account the political, economic, social and cultural conditions of each country, as well as the purposes and objectives of its work de Justice penal.
1.4 In applying the Rules, Member States shall endeavour to achieve an appropriate balance between the derechos of criminals, the derechos of the victims and the interest of the society in public safety and prevention of the crime.
1.5 Member States shall introduce non-exclusive measures freedom in their respective legal systems to provide other options, and thus reduce the application of penalties of prison, and rationalize policies of Justice penal, having in account the respect of derechos humans, the demands of the Justice social and rehabilitation needs of the offender.
2. Scope of non-exclusive measures freedom
2.1 The relevant provisions of these Rules shall apply to all persons who are accused, tried or convicted. fulfillment of a sentences, in all phases of the administration of the Justice penal. To the effects of the Rules, such persons shall be designated as "offenders" regardless of whether they are suspects, or whether they have been charged or convicted.
2.2 The Rules shall apply without discrimination any for reasons of race, color, sex, edad, language, religion, opinion political or otherwise, origin national or social, ., nacimiento or any other condition.
2.3 In order to ensure a Most flexibility, compatible with the type and the severity of the crime, the personality and the background of the offender and the protection of society, and avoid unnecessary application of the penalty de prison, work de Justice penal will establish a wide range of non-exclusive measures freedom, from the pre-trial phase to the post-trial phase sentences. The number and the type of the non-restrictive measures of the freedom Available must estar determined in such a way that it is possible to establish consistent penalties.
2.4 The use of the establishment of new non-exclusive measures freedom and its application will be systematically evaluated.
2.5 Consideration will be given to dealing with offenders in the community, avoiding resorting to formal proceedings or court trials, in accordance with safeguards and legal standards.
2.6 Non-restrictive measures freedom will be used in accordance with the principle minimal intervention.
2.7 The use of non-restrictive measures freedom will part of a movement in pro of the decriminalization and declassification of crimes, and will not be aimed at obstructing or delaying initiatives in that regard.
3. Legal safeguards
3.1 The introduction, definition and application of non-restrictive measures freedom will be prescribed by the law.
3.2 The selection of a non-exclusive measure freedom will be based on the criteria established with respect to the type and severity of the crime, the personality and the background of the offender, the objectives of the condemns and derechos of the victims.
The 3.3 authority judicial or other authority A competent independent auditor will exercise his discretionary powers at all stages of the proceedings, acting with full responsibility and exclusively in accordance with the law.
3.4 Non-restrictive measures freedom that impose a legal obligation al offender, applied before or instead of the proceedings or the trial, they will require your consent.
3.5 Decisions on the imposition of non-restrictive measures freedom will be subject to the review of a authority judicial or other authority competent and independent, request of the offender.
3.6 El offender will be empowered to submit petitions or claims to the authority judicial or other authority competent and independent on issues affecting their derechos Individuals in the application of non-restrictive measures freedom.
3.7 Appropriate provisions shall be made for the resource and, if possible, the reparación en /// de grievance related to a breach of the rules on derechos internationally recognized human rights.
3.8 Non-restrictive measures freedom will not involve any medical or psychological experimentation with the offender, neither risk improper of physical or mental harm.
The 3.9 dignity of the offender subjected to measures that do not restrict the freedom will be protected at all times.
3.10 During the application of non-restrictive measures freedom, derechos of the offender They will not be able to be object of restrictions that exceed those imposed by the authority competent authority that took the decision to apply the measure.
3.11 During the application of non-restrictive measures freedom will be respected both right of the offender like his family to intimacy.
3.12 El office hour staff of offender will be kept strictly confidential and inaccessible to third parties. Only those who have access to the office hour people directly interested in the processing of the /// or other duly authorized persons.
4. Safeguard clause
4.1 Nothing in these Rules shall be construed to way which excludes the application of the Minimum Rules for the treatment of prisoners79, the Minimum Rules of the United Nations for administration of the Justice of Juveniles (Beijing Rules)82, the Body of Principles for the Protection of All Persons Under Any Conditions crafts de detention or prison35 or any other instrument o standard about derechos humans recognized by the community Diversification that they keep relationship ’s relationship with the treatment of the offender and with the protection of their derechos fundamental humans.
II. Pre-trial phase
5. Pre-trial arrangements
5.1. Where appropriate and compatible with the ordering legal, the police, the prosecutor's office or other bodies dealing with criminal cases should estar empowered to drop charges against him offender If they consider that the protection of the society, the prevention of the crime or the promotion of respect for the law and derechos of the victims do not demand carry forward the ///. effects de decide If applicable withdrawal of the charges or the institution of performances, in each ordering legal A series of criteria will be formulated carefully defined. In cases of minor importance the taxation may impose appropriate measures not depriving the freedom, as appropriate.
- La prison preventive as last resource
6.1 In the proceedings penal only recourse will be made to the prison preventive as last resource, taking into account account la research of course crime and the protection of society and the victim.
6.2 Alternative measures of the prison preventive will be implemented as soon as possible. The prison preventive should not last longer than tiempo that is necessary for the achievement of the objectives stated in rule 6.1 and must be applied with humanity and respect for the dignity of the human being.
6.3 El offender will right a apelar before a authority judicial or other authority independent and competent in cases where it is required prison preventive.
III. Trial Phase and sentences
7. Reports of research social
7.1 When there is a possibility of preparing reports of research social, the authority The court may use a report prepared by a official u body competent and authorized. The report will contain insights on the social environment of offender that is relevant to the type de infringement that the individual habitually commits and the crimes he is charged with. It must also contain insights and recommendations that are relevant to the proceedings sentencing. It must be adhered to acts and be objective and impartial; any personal assessment must be clearly stated as such.
8. Imposition of sanctions
The 8.1 authority judicial, which will have its provision a series of non-exclusive sanctions freedom, adopt Their decision must take into consideration the rehabilitation needs of the offender, the protection of the society and the interests of the victim, who will be consulted when appropriate.
8.2 The authorities competent authorities may take the following measures:
- a) Verbal sanctions, such as admonition, rebuke and warning;
- b) Freedom conditional;
- c) Deprivation of liberty derechos or disqualifications;
- d) Economic sanctions and penalties in money, such as fines and penalties on income calculated by days;
- e) Seizure or confiscation;
- f) Commandment de restitution to victim or compensation;
- g) Suspension of the sentences o condemns deferred;
- h) Regime de experiment y mass surveillance judicial;
- i) Imposition of services to the community;
- j) Obligation to regularly attend a particular center;
- k) Arrest domiciliary;
- l) Any other regime that does not entail seclusion;
- m) Any combination of the preceding sanctions.
IV. Post-phase sentences
9. Post-conflict measures sentences
9.1 It will be put to provision of the authority competent a wide range of alternative measures after the sentences in order to avoid the seclusion and lend assistance to offenders for their early social reintegration.
9.2 Post-injury measures may be applied. sentences like the following:
- a) Permits and transition centers;
- b) Release for work or educational purposes;
- c) Different forms of freedom conditional;
- d) The referral;
- e) The pardon.
9.3 The decision regarding post-injury measures sentences, except in the /// of the pardon, will be subject to the review of a authority judicial or other authority competent and independent, if requested by the offender.
9.4 Possibilities of implementing the project will be considered as soon as possible. freedom to the inmate of a establishment and assign it to a non-proprietary program of the freedom.
V. Application of non-restrictive measures freedom
10. Regime de mass surveillance
10.1 The goal of supervision is to reduce recidivism and assist the offender in their social reintegration so as to reduce to a minimum the probability that they will return to society. delinquency.
10.2 If the measure does not deprive the freedom entails a regime de mass surveillance, the mass surveillance will be exercised by a authority competent, under the specific conditions prescribed by the law.
10.3 Within the framework of each non-exclusive measure of the freedom, it will be determined which is the type most suitable of mass surveillance y treatment for each /// particular with the purpose of helping the offender a amend his criminal conduct. The regime de mass surveillance y treatment It will be reviewed and adjusted periodically, when necessary.
10.4 Offenders will be provided, when necessary, with assistance psychological, social and material and opportunities to strengthen ties with the community and facilitate their social reintegration.
11. Duration
The 11.1 duration of the non-restrictive measures of the freedom will not exceed the Plazo established by the authority competent in accordance with the law.
11.2 Early discontinuation of the measure will be provided for /// that him offender have reacted positively to it.
12. Obligations
12.1 When the authority competent to decide the obligations what should comply el offender, will have in account the needs of the society and the needs and the derechos of the offender and the victim.
12.2 The obligations that must comply el offender They will be practical, precise and as few as possible, and will have object reduce the chances of relapse into the behavior criminal and increase the chances of social reintegration of offender, having in account the needs of the victim.
12.3 At the beginning of the application of a non-restrictive measure freedom, offender You will receive an explanation, oral administration and in writing, of the conditions governing the application of the measure, including its obligations y derechos.
The 12.4 authority competent authority may modify the obligations imposed in accordance with the provisions of the legislation and according to the progress made by the offender.
13. Process de treatment
13.1 Within the framework of a non-restrictive measure freedom determined, where appropriate, various systems will be established, for example, helps individualized psychosocial, therapy group, residential programs and treatment specialized in different categories of offenders, to meet their needs more effectively.
13.2 El treatment must be directed by professionals with adequate training and experience practice.
13.3 When it is decided that the treatment It is necessary, every effort will be made to understand the personality, skills, intelligence and values of the offender, and especially the circumstances that took him to the commission of the crime.
The 13.4 authority competent authority may involve the community and social support systems in the application of non-restrictive measures freedom.
13.5 The number of cases assigned will be kept, as far as possible, within limits compatible with the effective implementation of the programmes of treatment.
The 13.6 authority competent will open and maintain a office hour for each offender.
14. Discipline and non-compliance with the obligations
14.1 Failure to comply with the obligations imposed on the offender can give place of modification or revocation of the non-restrictive measure of the freedom.
14.2 The modification or revocation of the non-restrictive measure of the freedom will correspond to the authority competent; it will proceed to do so only after haber carefully examined the acts adduced by the official supervisor and by the offender.
14.3 Failure of a non-exclusive measure freedom will not automatically mean the imposition of a measure depriving the freedom.
14.4 And /// of modification or revocation of the non-restrictive measure of the freedom, the authority competent authority will attempt to impose a non-deprivative alternative measure freedom that is appropriate. Only the penalty de prison when there are no other adequate alternative measures.
14.5 And /// that him offender do not comply with the obligations imposed, the law will determine who is responsible for dictating the order to detain him or keep him under supervision.
14.6 And /// of modification or revocation of the non-restrictive measure of the freedom, offender may appeal to a authority judicial or other authority competent and independent.
VI. Staff
15. Recruitment
15.1 When hiring staff, no restrictions will be made discrimination any for reasons of race, color, sex, edad, language, religion, opinion political or otherwise, origin national or social, ., nacimiento or any other condition. The criteria for hiring staff will take into account account la political national in favour of the disadvantaged sectors and the diversity of criminals that need to be supervised.
15.2 The persons designated to apply the non-privileged measures freedom They must be people suitable for the function and, where possible, have training Experience And experience practice appropriate. These qualifications will be clearly specified.
15.3 To obtain and hire staff Experience qualified appointments will be made with category de official public, adequate salaries and social benefits that are in line with the nature of the work and ample opportunities for advancement will be offered Experience and promotion.
16. Training of the staff
16.1 The objective of the training It will be to clearly explain to the staff their functions with regard to the rehabilitation of the offender, the Warranty of the derechos from criminals and the protection of the society. Through training, staff must also understand the necesidad to cooperate and coordinate activities with interested organizations.
16.2 Before taking up their duties, the staff will receive training that understands insights on the nature of non-restrictive measures freedom, the objectives of supervision and the different modalities of application of non-restrictive measures freedom.
16.3 After taking up their duties, staff shall maintain and improve their professional knowledge and skills by attending training courses. training during the service and refresher courses. Adequate facilities will be provided for that effect.
VII. Volunteers and others resources community
17. Participation of the society
The 17.1 participación of the society should be encouraged as it constitutes a resource fundamental and one of the most important factors in strengthening the links between offenders subjected to non-custodial measures freedom and their families and the community. You must supplement the action of the administration of the Justice penal.
The 17.2 participación of the society will be considered an opportunity for members of the community contribute to their protection.
18. Understanding and cooperation of the society
18.1 Government agencies, the sector and private and the community in general to support voluntary organizations that promote the application of non-exclusive measures freedom.
18.2 Conferences, seminars, symposia and other activities will be organized regularly to raise awareness of the necesidad That the society participate in the application of non-restrictive measures freedom.
18.3 All means of communication will be used to promote a constructive attitude in the community, which will give rise to activities that promote a broader application of the regime not exclusive to the freedom and the social reintegration of offenders.
18.4 Every effort will be made to report to society about the importance of its role in the application of non-restrictive measures freedom.
19. Volunteers
19.1 Volunteers will be carefully selected and hired based on their skills and potential. interest that they demonstrate in their labor. It will be taught training suitable for the performance of the specific functions entrusted to them and will have the support and advice of the authority competent authority, whom they will have the opportunity to consult.
19.2 Volunteers will encourage offenders and their families to establish meaningful links and wider contacts with the community. community, providing them with advice and other appropriate forms of assistance according to their capabilities and the needs of the offender.
19.3 Volunteers will be insured against accidents, injury and damages to third parties in the exercise of their duties. They will be reimbursed for the spending authorized that they have carried out during their work. They will enjoy the recognition public for the services they provide in pro of the well-being of the community.
VIII. Research, planning and policy formulation and evaluation
20. Research y planning
20.1 As an essential aspect of the proceedings de planning, every effort will be made to ensure that both public and private entities collaborate in the Company and the promotion of research on the application to offenders of a regime not exclusive to the freedom.
20.2 Periodic investigations will be carried out into the problems affecting the recipients of the measures, the professionals, the community and regulatory bodies.
20.3 Within the work de Justice penal mechanisms will be created research e insights to collect and analyze data and statistics on the application to offenders of a regime not exclusive to the freedom.
- Formulation of the political and program development
21.1 Non-exclusive measures programmes will be planned and implemented systematically. freedom , the part member of work de Justice penal in the framework of proceedings national developmental.
21.2 Periodic evaluations will be carried out with a view to achieving a more effective application of non-custodial measures. freedom.
21.3 Periodic studies will be carried out to evaluate the objectives, operation and effectiveness of non-deprivative measures. freedom.
22. Links with relevant bodies and activities
22.1 Appropriate mechanisms will be created at various levels to facilitate the establishment of links between the services responsible for non-restrictive measures freedom, other branches of the work de Justice penal, and development and social welfare agencies, both governmental and non-governmental, in sectors such as health, dwelling, education, work And the media.
23. Cooperation Diversification
23.1 Every effort will be made to promote the cooperation scientific among countries in terms of regime without internment. They should be reinforced research, the training, the assistance technique and the exchange of insights among Member States on non-custodial measures freedom, through the institutes of the United Nations for prevention of the crime and the treatment of the offender and in close collaboration with the Subdivision of Prevention of the Crime y Justice Criminal law of the Centre for Social Development and Humanitarian Affairs of the Secretariat of the United Nations.
23.2 Comparative studies and harmonization of legislative provisions should be encouraged to broaden the range of options without internment and facilitate its application across national borders, in accordance with the Treaty model on the transfer of the mass surveillance of criminals under condemns conditional or in freedom conditional 83.
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