A/RES/67/187
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
Principle 2
Responsibilities of the State
15. States should consider the provision of legal aid their duty and responsibility.
To that end, they should consider, where appropriate, enacting specific legislation
and regulations and ensure that a comprehensive legal aid system is in place that is
accessible, effective, sustainable and credible. States should allocate the necessary
human and financial resources to the legal aid system.
16. The State should not interfere with the organization of the defence of the
beneficiary of legal aid or with the independence of his or her legal aid provider.
17. States should enhance the knowledge of the people about their rights and
obligations under the law through appropriate means, in order to prevent criminal
conduct and victimization.
18. States should endeavour to enhance the knowledge of their communities about
their justice system and its functions, the ways to file complaints before the courts
and alternative dispute resolution mechanisms.
19. States should consider adopting appropriate measures for informing their
communities about acts criminalized under the law. The provision of such
information for those travelling to other jurisdictions, where crimes are categorized
and prosecuted differently, is essential for crime prevention.
Principle 3
Legal aid for persons suspected of or charged with a criminal offence
20. States should ensure that anyone who is detained, arrested, suspected of, or
charged with a criminal offence punishable by a term of imprisonment or the death
penalty is entitled to legal aid at all stages of the criminal justice process.
21. Legal aid should also be provided, regardless of the person’s means, if the
interests of justice so require, for example, given the urgency or complexity of the
case or the severity of the potential penalty.
22. Children should have access to legal aid under the same conditions as or more
lenient conditions than adults.
23. It is the responsibility of police, prosecutors and judges to ensure that those
who appear before them who cannot afford a lawyer and/or who are vulnerable are
provided access to legal aid.
Principle 4
Legal aid for victims of crime
24. Without prejudice to or inconsistency with the rights of the accused, States
should, where appropriate, provide legal aid to victims of crime.
Principle 5
Legal aid for witnesses
25. Without prejudice to or inconsistency with the rights of the accused, States
should, where appropriate, provide legal aid to witnesses of crime.
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