The World Assembly,
Recognising the power that public prosecutors have to enforce (or not enforce) laws for the public as a whole as well as the importance of prioritising severe cases and allocating resources efficiently,
Concerned about abuse of this privilege, hereby enacts as follows.
- Non-discrimination and recusal. No public prosecutor may bring or fail to bring charges, prioritise or deprioritise cases, or request changes to criminal sentences on the basis of the accused’s race, ethnicity, gender, or other immutable characteristics, except when such characteristics are themselves directly necessary to establish, defeat, or change criminal liability.
- Recusal requirements. A public prosecutor must disqualify himself from a case if there exists a material conflict of personal or financial interest, personal bias or prejudice for or against the accused, personal relationship with the accused, or previous involvement in the case.
- Recusal enforcement. If there exist specific and articulable facts which would lead an impartial observer to believe it is more than likely that a public prosecutor has failed to disqualify himself under section 1(a) despite being required to do so, there must be an inquiry before one or more impartial magistrates learned in the law to be applied (hereinafter the finder). If the finder is satisfied that one or more of the conditions in section 1(a) applies, the finder shall issue a binding order disqualifying that prosecutor from the instant case.
- Private right of action. A private civil right of action for compensatory and punitive damages, all legal immunity to the contrary notwithstanding, shall exist against any public prosecutor who, aware of the section 1(a) guidelines and their applicability to a case, knowingly elects not to disqualify himself in that case.
- Anti-retaliation. No prosecutor may take or fail to take any action intended to retaliate against, punish, or deter a defendant from exercising any statutory, constitutional, or World Assembly right. Nor may any prosecutor bring charges in a way that would, to an impartial observer, appear likely to retaliate against, punish, or deter a defendant from exercising any such right.
- Plea bargaining. No prosecutor may, in a plea bargain, threaten to bring more severe charges than those already brought at its start. However, subject to section 2, more severe charges may be brought after the plea bargain begins if the prosecutor becomes aware of evidence that would support those more severe charges.
- Periodic review. Member nations must conduct cyclic and periodic reviews, of a random sample of prosecutions, before an impartial body learned in the law to assess prosecutors’ compliance with this resolution. No prosecutorial case records may be destroyed until such time that a review cycle has elapsed such that the records to be destroyed would not be reviewed under this section. The report, the sample of case records, and the framework for compliance assessment must be transmitted to the Compliance Commission.