United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) (A/RES/45/110)

1.5 Member States shall develop non-custodial measures within their legal systems to provide other options, thus reducing the use of imprisonment, and to rationalize criminal justice policies, taking into account the observance of human rights, the requirements of social justice and the rehabilitation needs of the offender.
  • Human rights
  • Alternatives to punishment

2.3 In order to provide greater flexibility consistent with the nature and gravity of the offence, with the personality and background of the offender and with the protection of society and to avoid unnecessary use of imprisonment, the criminal justice system should provide a wide range of non-custodial measures, from pre-trial to post-sentencing dispositions. The number and types of non-custodial measures available should be determined in such a way that consistent sentencing remains possible.
  • Proportionality of sentencing

3.1 The introduction, definition and application of non-custodial measures shall be prescribed by law.
  • Proportionality of sentencing

3.2 The selection of a non-custodial measure shall be based on an assessment of established criteria in respect of both the nature and gravity of the offence and the personality, the background of the offender, the purposes of sentencing and the rights of victims.
  • Proportionality of sentencing

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