Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
Adopted by General Assembly resolution 40/34 of 29 November 1985
A. Victims of crime
1. "Victims" means persons who, individually or collectively, have suffered harm, including physical or
mental injury, emotional suffering, economic loss or substantial impairment of their fundamental
rights, through acts or omissions that are in violation of criminal laws operative within Member States,
including those laws proscribing criminal abuse of power.
2. A person may be considered a victim, under this Declaration, regardless of whether the perpetrator
is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between
the perpetrator and the victim. The term "victim" also includes, where appropriate, the immediate
family or dependants of the direct victim and persons who have suffered harm in intervening to assist
victims in distress or to prevent victimization.
3. The provisions contained herein shall be applicable to all, without distinction of any kind, such as
race, colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs or
practices, property, birth or family status, ethnic or social origin, and disability.
Access to justice and fair treatment
4. Victims should be treated with compassion and respect for their dignity. They are entitled to access
to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the
harm that they have suffered.
5. Judicial and administrative mechanisms should be established and strengthened where necessary to
enable victims to obtain redress through formal or informal procedures that are expeditious, fair,
inexpensive and accessible. Victims should be informed of their rights in seeking redress through such
mechanisms.
6. The responsiveness of judicial and administrative processes to the needs of victims should be
facilitated by:
( a ) Informing victims of their role and the scope, timing and progress of the proceedings and of the
disposition of their cases, especially where serious crimes are involved and where they have requested
such information;
( b ) Allowing the views and concerns of victims to be presented and considered at appropriate stages
of the proceedings where their personal interests are affected, without prejudice to the accused and
consistent with the relevant national criminal justice system;
( c ) Providing proper assistance to victims throughout the legal process;
( d ) Taking measures to minimize inconvenience to victims, protect their privacy, when necessary,
and ensure their safety, as well as that of their families and witnesses on their behalf, from
intimidation and retaliation;
( e ) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees
granting awards to victims.
7. Informal mechanisms for the resolution of disputes, including mediation, arbitration and customary
justice or indigenous practices, should be utilized where appropriate to facilitate conciliation and
redress for victims.
Restitution