United Nations Standard Minimum Rules for Non-custodial Measures
(The Tokyo Rules)
Adopted by General Assembly resolution 45/110 of 14 December 1990
I. General principles
1. Fundamental aims
1.1 The present Standard Minimum Rules provide a set of basic principles to promote the use of noncustodial measures, as well as minimum safeguards for persons subject to alternatives to
imprisonment.
1.2 The Rules are intended to promote greater community involvement in the management of criminal
justice, specifically in the treatment of offenders, as well as to promote among offenders a sense of
responsibility towards society.
1.3 The Rules shall be implemented taking into account the political, economic, social and cultural
conditions of each country and the aims and objectives of its criminal justice system.
1.4 When implementing the Rules, Member States shall endeavour to ensure a proper balance
between the rights of individual offenders, the rights of victims, and the concern of society for public
safety and crime prevention.
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.
2. The scope of non-custodial measures
2.1 The relevant provisions of the present Rules shall be applied to all persons subject to prosecution,
trial or the execution of a sentence, at all stages of the administration of criminal justice. For the
purposes of the Rules, these persons are referred to as "offenders", irrespective of whether they are
suspected, accused or sentenced.
2.2 The Rules shall be applied without any discrimination on the grounds of race, colour, sex, age,
language, religion, political or other opinion, national or social origin, property, birth or other status.
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 noncustodial measures, from pre-trial to post-sentencing dispositions. The number and types of noncustodial measures available should be determined in such a way so that consistent sentencing
remains possible.
2.4 The development of new non-custodial measures should be encouraged and closely monitored and
their use systematically evaluated.
2.5 Consideration shall be given to dealing with offenders in the community avoiding as far as possible
resort to formal proceedings or trial by a court, in accordance with legal safeguards and the rule of
law.
2.6 Non-custodial measures should be used in accordance with the principle of minimum intervention.