International Legal Standards in Crime Prevention

NATALIIA KOLOMIIETS1, NADIIA SENCHENKO1, OLENA PETRYK1, IHOR IVANKOV1,

OLGA OVSIANNIKOVA2, DAVIT GEPERIDZE3

Department of Criminal Law and Justice, Chernihiv Polytechnic National University,

14027, 95 Schevchenko Str., Chernihiv,

UKRAINE

2Department of the Judiciary and Prosecutions Activity, Yaroslav Mudryi National Law University,

61024, 77 Pushkinska Str., Kharkiv,

UKRAINE

3Faculty of Social Sciences, Business and Law, Gori State University,

1400, 53 Chavchvadze Ave., Gori

GEORGIA

Abstract: A qualitatively new stage in the development of international and national criminal law was marked

by the international standards created to combat crime and the treatment of offenders by the global community,

which deepens their interaction and establishes conditions for crime prevention and the protection of human

rights. The purpose of the academic paper is to identify the primary crime prevention standards, their initiators

and disseminators, the principal standardization areas, and approaches to address the issue. The research aims

to show modern international norms and standards based on investigating the UN declarations and other

normative documents formed by international organizations considering their development prospects. The need

for more scientific, legal literature on modern standardization in crime prevention determines the research

relevance. Therefore, this research is based on the last three UN Congresses in world crime prevention. The

results show systematized information and the standardization of crime prevention. The study reviews the

primary standards in the criminal treatment and detainee juvenile offenders and methods of combating modern

problems in the information space, human trafficking, and terrorism. Emphasis is also placed on gender policy,

corruption, and other contemporary issues. The research shows that the UN holds the Congresses according to

the social development and crimes variety once in five years. The relevant problems of the modern world are

computer technology crimes, crime in COVID-19, and corruption.

Keywords: UN, UN Congresses, crime, crime prevention standard.

Received: August 11, 2022. Revised: November 19, 2022. Accepted: January 6, 2023. Published: February 16, 2023.

1 Introduction

Currently, we can observe a consistent desire of

States to coordinate criminal and penal practices,

means, and methods of treatment of criminal

punishment to the maximum extent possible in the

spirit of internationally recognized humanistic and

democratic principles. As a result, a corpus of

different standards categories has been developed,

covering virtually all aspects of criminal cases: in

the area of general crime prevention, in the fight

against certain types of crime, in criminal justice

and law enforcement, in the rights of victims of

crime, in the execution of sentences, and the

treatment of convicts or persons subjected to

detention. These standards often become the basis

for the subsequent creation of universal

international instruments against crime. Moreover,

they form the model used in improving the national

criminal process, criminal procedural, and

criminal-executive legislation.

The United Nations, which actively creates and

disseminates internationally acknowledged

principles in crime prevention and criminal justice,

is one of the major creators of these standards. The

United Nations Congress on Crime Prevention and

Criminal Justice, [1], held every five years since

1955, is a significant source and driver of this

process. During that time, hundreds of different

standards have emerged that define models for

preventing and combating crime. For example, the

most recent Kyoto Congress, [2], held in 2021,

reviewed the effectiveness of the crime prevention

standards adopted over the past 65 years. Given the

constant social development, new circumstances

emerge, provoking new forms of crime that cannot

be foreseen in advance, such as technical and

technological development, pandemics, and

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Olga Ovsiannikova, Davit Geperidze

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environmental problems. By developing

international standards, organizers consider the

actual formation conditions of the environment for

crime development and highlight the methods,

forms, and specifics for its prevention. The rapid

growth of crime and technological progress

development form the unique research relevance.

Foreign and domestic lawyers and scholars

have extensively investigated the issue of crime

regulation and prevention. Huey, [3], explored the

problem not in regulatory standards but in the

practical rules of crime prevention through the

police services organization. Behl and Steverson,

[4], also studied the practical aspects of crime

reduction or prevention by applying the

psychological principle of crime utility. In terms of

scientific analysis of UN standards and their

application in practice, Kury and Redo, [5], have

done the same. These authors’ book shows the

importance of UN ideas and recommendations in

addressing the problem, exploring the issue from

Eastern and Western philosophy regarding the rule

of law. Blaustein, [6], looks at the general crime

prevention standards for organizing the fight

against crime in the world; Bates, [7], in his book,

shows the practical aspects of preventing different

criminality ways in the world. Redo& Blue, [8],

Joutsen, [9], consider the basic regulation standards

in their research, as well as prevention, and fight

against crime on a global scale. Analysis of studies

conducted by domestic scientists Martynenko and

Ishchuk, [10], Titushkina, [11], [12], shows the

regulatory and legal regulation base. However, as it

is updated frequently due to new standards, it must

take into account the level of standardization in

crime prevention around the world nowadays.

The research aims to show modern

international norms and standards by analyzing the

UN declarations and other normative documents

formed by international organizations and

considering their development prospects.

It is necessary to perform several tasks to

achieve the goal, namely:

 to analyze modern foreign and domestic

literature about world crime prevention

standardization;

 to show the prominent organizations that are

the creators and disseminators of crime

prevention standards;

 to review the primary standards that provide for

crime prevention in different areas;

 to show the problems and controversial

provisions of the formation and implementation

of crime prevention standards.

2 Materials and Methods

Current studies on creating crime prevention

standards are currently insufficient due to the

constantly evolving and complementing standards

that the UN develops. The United Nations is the

universally recognized coordination center of states

and international organizations in the fight against

crime. The UN Congresses on Crime Prevention

and Criminal Justice play a unique role in

coordinating activities, shaping the global legal

framework for crime combating, and developing

international standards, [1]. UN Congresses

convene every five years. Each time, they reflect

the most challenging crime prevention problems

and criminal justice in their agendas, designed to

analyze urgent and principal issues of justice

implementation. Recommendations of the

Congresses are enshrined in the resolutions of the

UN General Assembly, which adopt the most

important international treaties of universal nature

aimed at combating transnational crime. The

documents of the Congresses help guide the

international community to solve new problems in

crime prevention and criminal justice.

A large array of international legal rules,

concepts, prevention techniques, responses to, and

investigations into transnational crimes have been

accumulated throughout the history of

collaboration among subjects of international law

in the fight against crime. As mentioned before, the

United Nations Congresses on Crime Prevention

and Criminal Justice, as the most representative and

authoritative forum in this field, play a unique role

at the international level in the fight against crime.

The primary standards described in the research

are based on the Declarations of the last three

congresses: XII United Nations Congress on Crime

Control and Criminal Justice of 2010, Salvador,

Brazil, [13]. The Congress’s central theme was

“Comprehensive Strategies for Global Challenges:

Crime Prevention and Criminal Justice Systems

and Their Development in a Changing World”. The

“Salvador Declaration on Comprehensive

Strategies for Global Challenges: Crime Prevention

and Criminal Justice Systems and Their

Development in a Changing World”, [14] was the

outcome document of the Congress. XIII United

Nations Congress on Crime and Criminal Justice as

of 2015 was held in Doha, Qatar, [15]. The

Congress resulted in their work in the “Draft Doha

Declaration on Integrating Crime Prevention and

Criminal Justice into the Wider United Nations

Agenda to Address Social and Economic

Challenges and to Promote the Rule of Law at the

National and International Levels, and Public

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Participation”, [16]. XIV United Nations Congress

on Crime Control and Criminal Justice of 2021 in

Kyoto, Japan, [2], resulted in the “Kyoto

Declaration on Advancing Crime Prevention,

Criminal Justice and the Rule of Law: Towards the

Achievement of the 2030 Agenda for Sustainable

Development”, [17].

After reviewing the research, we can conclude

that international legal standards in the area of

crime prevention are internationally recognized

guidelines, requirements, and fundamental

provisions in the fight against crime, including

crime prevention, to enhance the efforts of States in

this direction. They have a classification, rules, and

different purposes, which will be analyzed in this

study.

The methodological basis of the research is a

system of methods, scientific methods, and means

of knowledge. Disclosure of the research topic was

based on logical analysis and synthesis, dialectical,

historical, systematic, and other general scientific

methods of cognition, as well as such specific

scientific methods as comparative, formal-logical,

system-structural, and others. A critical analysis of

the documents made it possible to identify the main

directions of standardizing crime prevention.

Analysis and synthesis of normative and legal

documents allowed for obtaining the main

standardization criteria and the main emphases and

innovations in the standardization of crime

prevention. Chronological methods allowed for

assessing the development level of the problem’s

solution. The comparison method showed the

effectiveness of new solutions adopted in current

situations.

3 Results and Discussion

Application of rules towards standards.

International standards, principles, and norms in

combating crime, adopted within the framework of

the UN, vary in the degree of obligation. It is due to

the nature of the international instruments issued.

Thus, the norms contained in international treaties

are binding on States Parties. On the other hand,

the general standards contained in the UN

documents do not have legal force. Nevertheless,

the states are focused on them. Therefore, they are

interested in their implementation, contributing to

national legislation and practice development in

law enforcement and crime prevention.

Despite the obligation level to implement the

standards by different states, the UN recommends

that a comprehensive and integrated approach be

developed and pursued at the international level. It

includes the participation of all relevant institutions

and civil society in organizing the response to

crime. Relevant institutions are bodies and officials

whose mandate includes various prevention

activities. Thus, the primary standard for crime

prevention is organizing the fight. They involve the

formation of relevant institutional bodies and

organizations working toward the same goal.

Discussions always accompany the formation

of the standard in regulating any legal procedures.

On the one hand, international crime prevention

standards are mandatory for the participating states

that have signed an agreement or ratified a

declaration and other European standards of legal

regulation of the issue, [12]. On the other hand,

they do not directly affect different states due to the

lack of sanctions for non-compliance. Therefore,

the actual implementation of international

obligations at the domestic level of international

legal norms into national laws is required, [18].

For example, at the XII Congress, [13], some

countries considered that the UN’s universal

instruments in the criminal sphere could not be

oriented to every state. They are committed to the

universalization of “European law” operating

within the framework of the EU and the Council of

Europe. At the same time, other countries are

invited to essentially adopt norms and standards

developed in Europe and technical assistance for

their incorporation into national legislation and use

in law enforcement practice, [19]. At the same

time, implementing such sets of rules in some

states can be quite lengthy and costly. For example,

in many countries, the legal system takes a gender-

neutral approach in the construction of legislative

norms, including crime prevention and crime

control. Suppose the transformation is made

towards the UN gender standards. In that case, it

will be necessary to form amendments to some

documents and organize the essential

organizational work aspects with women and

protect their rights due to violence. In addition,

many countries are unable to organize for judicial

simplicity of the issue promptly.

Let’s consider several necessary standards that

the Congresses have developed. The prisoners’

treatment rules, improved since 1955, are described

in sufficient detail within the framework of the XII

Congress. The First Congress adopted the first

documents in 1955 (Geneva). The Standard

Minimum Rules for the Treatment of Prisoners

consist of two parts: (1) general rules for all

categories of prisoners; (2) rules for special

categories of prisoners (convicted prisoners,

mentally ill and mentally disabled persons, persons

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under arrest or awaiting trial, prisoners in civil

cases, persons arrested or imprisoned without

charge), [1].

Basic principles for the treatment of prisoners,

adopted before 1990, include the following rules:

all prisoners are treated with respect because of

their inherent dignity and value as human beings;

there are no discriminations based on race, color,

sex, language, religion, political or another opinion,

national or social origin, property, birth or another

status, etc., [19]. The UN resolution adopted the

safeguards guaranteeing the protection of the rights

of people facing the death penalty as of 26 May

1984, [20]. Considering the negative aspects of the

convicted persons’ exclusion from society, the UN

resolution as of 14 December 1990 adopted the UN

Standard Minimum Rules for Non-Custodial

Measures (the Tokyo Rules), [21]. These standards

provide a set of fundamental principles to promote

non-custodial measures and minimum safeguards

for people who are subject to imprisonment

alternatives. The selection of non-custodial

measures should be based on an assessment of

criteria regarding the nature, and seriousness of the

offense, the personality, the offender’s background,

the purposes of the sentence, and the victims’

rights.

The UN Rules for the Protection of Juveniles,

[22] were adopted to establish minimum standards

for protecting juveniles deprived of any form of

liberty and following human rights and

fundamental freedoms. The Standards developed a

set of measures and procedures for dealing with

children. The unique standards of the XXII

Congress were developed for combating terrorism

and cybercrime as the main problems of 2010, [14].

Standards for Combating Terrorism are a document

based on the consistent, unequivocal, and strong

condemnation by UN member states of terrorism in

all its forms and manifestations. It also provides

concrete measures to address the conditions

conducive to the spread of terrorism and strengthen

the individual and collective capacity of states and

the UN to prevent and combat terrorism. The

Security Council, another principal UN body, has

been dealing with terrorism since the early 1990s.

Its efforts to combat and prevent terrorism have

focused on several areas:

 drawing global attention and condemning acts

of international terrorism;

 placing a wide range of obligations on states to

suppress it;

 establishing special agencies to combat

terrorism;

 establishing international commissions of

inquiry to assist conditions in investigating acts

of terrorism;

 creating an international tribunal to investigate

terrorism.

In the discussion of crime prevention methods,

quite a lot of attention has been given to developing

a set of rules for educating schoolchildren. While

such practices are reasonable in several developed

European countries characterized by high levels of

well-being, juvenile delinquency is commonplace

and difficult to influence, [23], [24]. The same is

true of domestic violence, which has varying

prevalence levels across countries, [25].

Standards for Combating Human Trafficking.

Several measures for preventing and combating

trafficking in persons have been drawn out at the

XXII Congress. According to Congress, it is

necessary to involve institutions and the

authorities’ representatives to solve problems at the

international level. The organization prepared

principles and guidelines on human rights and

human trafficking, transmitted to the United

Nations Economic and Social Council in 2002.

These standards were developed in the Human

Rights Office’s response to the clear need for

practical, rights-based policy guidance. The

document encourages states and intergovernmental

organizations to draw on the principles and

guidelines for their actions to prevent trafficking

and protect the rights of trafficked persons. The

regulations have formed the basis of numerous

policy and interpretive documents that accompany

international and regional treaties, including the

Protocol to prevent, suppress and punish trafficking

in persons, especially women, and children. They

also provide penalties for trafficking,

complementing the United Nations Convention

against Transnational Organized Crime and the

Council of Europe Convention on Action against

Trafficking in Human Beings. Various international

human rights organizations refer to them and rely

on them as essential sources in preventing crimes in

this field. Many non-governmental organizations

also refer to this body of law, [26].

Standards for combating cybercrime. An

exchange of information on national legislation,

best practices, and technical assistance was

envisaged for the research in international

cooperation. Furthermore, since the decision to

conduct the study was of an applied nature, it

provided for proposals to strengthen existing and

forthcoming adoption of new national and

international legal acts and other measures related

to combating cybercrime, [19], [27]. The central

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XIII Congress aims to prevent crime and simplify

rules against crime for the affected population.

Furthermore, it considers gender criminal problems

in the information environment.

Victimization risk assessment. The proceedings

of the XIII Congress repeatedly refer to the need to

measure victimization and explore the magnitude

of the problem, [15]. In the area of crime

prevention, the risk factors create a higher

individual predisposition to victimization.

Paragraph l of the Doha Declaration refers to the

need to take adequate measures to recognize and

protect victims and witnesses, [16]. They need to

be provided with support and assistance as part of

the criminal justice response to all crimes,

including corruption and terrorism.

Ease of organizing trials by the victim. The

Declaration requires States to take measures to

facilitate the easy organization of judicial

proceedings on the victim’s part. Measures must be

taken to reduce the inconvenience to victims,

protect their privacy where necessary, and reduce

their suffering associated with the judicial process.

Gender aspects of justice. The Doha Declaration

draws attention to the need to mainstream gender

into domestic criminal justice systems, [16]. To

that end, national strategies and plans are being

developed to promote the complete protection of

women and girls from all acts of violence,

including gender-related killing of women and

girls. Addressing crime in the information

environment. Currently, crime tendencies assess

that crime in information and communication

technology, computer science, robotics, and

artificial intelligence is rapidly changing, [28]. The

text of the Kyoto Declaration refers to specific

measures to prevent crime and strengthen

international cooperation in this area. Significant

attention is paid to the problems of COVID-19,

[17]. Thus, it was pointed out that inequality must

be addressed in the recovery from the COVID-19

pandemic. The current high inequality level links to

economic instability, corruption, financial crises,

increasing crime, and poor physical and mental

health. Crime prevention, criminal justice, and the

rule of law play a key role in renewing the social

contract between states and their populations,

stressed by the UN Secretary-General.

Noting that the COVID-19 pandemic and the

resulting crisis have led to increased crime

worldwide, the UN chief called for a crackdown on

criminal attempts to profit from human grief. A

special place was given to combating cybercrime,

which has intensified as the business has moved

online. In addition, states must be prepared for the

emergence of new or modified crime forms, which

may manifest themselves in human trafficking,

smuggling of migrants, the possibility of obtaining

firearms, drug trafficking, wildlife trafficking, and

trafficking in national and cultural values. The

Declaration also states that the existing justice

system needs to be overhauled. Congress

recognized that improving justice systems through

digitalization will make them more effective,

accountable, transparent, inclusive, and flexible,

[29].

It should be noted that the UN declarations pay

insufficient attention to corruption as another

important form of crime. The Council of Europe’s

Criminal Convention against Corruption (ETS 173)

as of January 21, 1999, [30], for the first time,

criminalized several types of corruption:

1) bribery of national public officials,

2) receiving a bribe from national public officials,

3) bribery of national representative bodies,

4) bribery of foreign representative bodies,

5) bribery in the private sector,

6) bribery in the private sector,

7) bribery of international organization officials,

8) bribery of international parliamentary assembly

members,

9) bribery of international court judges and

officials,

10) abuse of influence, [8].

The UN Convention against Corruption, [30]

supplemented this list with corruption-related

crimes such as embezzlement, misappropriation or

another diversion of property by a public official,

abuse of office, illicit enrichment, embezzlement in

the private sector, corruption-related concealment,

obstruction of justice, [18], [31], [32]. There are

also regional international crime prevention

standards in addition to UN standards. Regional

standards are contained in documents adopted by

regional international organizations, such as the

Council of Europe and the Commonwealth of

Independent States. International standards apply to

a certain or unlimited number of people. For

example, in the International Covenant on Civil and

Political Rights, [33], the Declaration on the

Protection of All Persons from Being Subjected to

Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment, [34], measures are

generalized standards that apply to all populations

of states without exception.

Several documents contain international

standards concerning officials combating crime,

such as the Code of Conduct for Law Enforcement

Officials. It should be emphasized that there is a

group specifically related to police activities to

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prevent crimes in the overall system of standards.

These include, for example, the Basic Principles on

the Use of Force and Firearms by Law

Enforcement Officials, [35] and the Council of

Europe Declaration on the Police, [36]. Standards

relating to crime prevention by specific categories

of citizens: juveniles, women, convicts, and victims

of crime can also be distinguished, e.g., UN

Guidelines for the Prevention of Juvenile

Delinquency, [37]; Body of Principles for the

Protection of All Persons under Any Form of

Detention or Imprisonment, [38]; Declaration of

Basic Principles of Justice for Victims of Crime

and Abuse of Power, [39]. International standards

related to crime prevention can also be classified on

other grounds, such as the issues covered: treatment

of offenders, use of physical force and weapons,

public involvement in prevention, international

cooperation, etc.

At the same time, there are many countries

where the crime rate does not depend on legal

regulation. As an experiment, we can look at

statistics on domestic violence in different

countries worldwide in Figure 1 and Table 1.

Fig. 1: Violence rates in different countries as of

2020, [40], [41].

The data shows that regardless of the country’s

income level, domestic violence is largely

influenced by traditions and customs, and no legal

standards have any impact on it.

If we compare the number of women suffering

from violence and the level of legal efficiency, we

see no correlation between these indicators. The

Pearson coefficient for this sample is R2 = - 0.2. It

means that even if other countries adopt the legal

standards of developed countries for some types of

crimes, legislation will not improve the crime rate.

Table 1. Comparison of domestic violence and the level of legal effectiveness in the country,

[41], [42].

Indicators

Guinea

Mali

Egypt

Sierra Leone

Gambia

Ethiopia

Liberia

Chad

CAR

Senegal

Kenya

Nigeria

Tanzania

Ghana

Uganda

The proportion of

women subjected to

physical and/or sexual

violence

43,6

21,5

28,7

7,3

19,8

17,5

26,3

12,2

25,5

29,6

19,2

29,9

Judicial Effectiveness

33,3

32,7

51,2

39,4

43,4

45,1

37,9

27,4

31,7

39,8

48,6

32,2

43,4

46,1

36,9

4 Conclusions

Due to the constant social development, new crime

types and prevention standards emerged. Although

initiated by one state, these standards are adopted

with other states in the framework of the

Congresses, which are held every five years.

Standards can be mandatory or non-mandatory.

The UN is considered to be the leading developer

of standards. Along with this, some regional

developers, such as the Council of Europe and the

Commonwealth of the Independent States, develop

regional crime prevention and combat

characteristics.

UN standards aim to address several issues

related to crime prevention and the organization of

the fight against crime, working with criminals and

victims. It includes rules for treating prisoners,

juvenile crime prevention standards, and combating

94,5

88,8

87,2

75,7

65,2

44,4

38,7

24,2

23,3

19,5

3,8

0,3

43,6

21,5

28,7

7,3

19,8

17,5

26,3

12,2

25,5

29,6

19,2

29,9

100

Guinea

Mali

Egypt

Sierra Leone

Gambia

Ethiopia

Liberia

Chad

CAR

Senegal

Kenya

Nigeria

Tanzania

Ghana

Uganda

Proportion of women subjected to genital mutilation

Proportion of women subjected to physical and/or

sexual violence

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terrorism, human trafficking, and cybercrime. The

standards also focus on victimization risk

assessment, victim-centered litigation, gender

justice, and dealing with crime in the information

environment. In addition, the anti-corruption

standards deserve special attention. Finally,

individual attention is given to crime prevention

standards that require coordinated action by several

states: in particular, terrorism, cybercrime, and

human trafficking.

The practical value of the research is the

possibility of its implementation for national crime

prevention standards. Further research forms the

problems of our time, requiring the emergence of

new crime prevention standards.

References:

[1] The United Nations Congress on Crime

Prevention and Criminal Justice. (1955).

https://www.unodc.org/congress/index.html

[2] The 14th UN Congress on Crime Prevention

and Criminal Justice in Kyoto. (2021).

https://www.unodc.org/unodc/justice-and-

prison-reform/cpcj-kyoto-crime-congress-

2021.html

[3] Huey, L., Schulenberg, J., Koziarski, J.

(2022). Crime Prevention and Response

Role. Policing Mental Health, 1, 27-38.

https://doi.org/10.1007/978-3-030-94313-

4_3

[4] Behl, J., Steverson, L. (2021). Crime

Prevention. Criminal Theory Profiles, 1, 13-

18. https://doi.org/10.4324/9781003036609-

[5] Kury, H., Redo, S. (2021). Crime Prevention

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https://link.springer.com/book/10.1007/978-

3-030-56227-4?noAccess=true

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& White, R. (2020). The Emerald Handbook

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78769-355-520201030

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(2017). Crime prevention: Setting standards.

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Academic Press.

[8] Redo, S., Blue, C. (2012). The power of

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system. International Training Course, 16,

54-67.

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