A/HRC/20/19 or external scrutiny or supervision, for example, through inspectorates, lay panels or prosecutors’ associations or unions. In order to maintain their autonomy in hierarchically structured prosecution services, prosecutors should not be required to obtain approval for their actions in the exercise of their functions. As stated by the previous Special Rapporteur, when discussing the election of court chairpersons by fellow judges, the possibility for the chief of the public prosecutor service to be chosen by the prosecutors themselves should be considered so as to avoid internal hierarchy running counter to the independence of prosecutors (A/HRC/11/41, para. 49). 34. In some countries and legal systems, prosecution is mandatory where prosecutors apply the notitia criminis (principle of legality). To some extent, the principle of legality could be considered as a safeguard, especially in high-profile cases, as there is less room to justify non-prosecution. On the other hand, prosecutors can apply some discretion (principle of opportunity) as to whether to initiate a prosecution or not, which allows for alternative non-conviction-based remedies and also avoids huge backlogs of cases. At the same time, while plea negotiation is a growing trend as a measure of expediency, excessive use of plea bargaining to address backlogs should be avoided. In this regard, the United Nations Guidelines state that “in countries where prosecutors are vested with discretionary functions, the law or published rules or regulations shall provide guidelines to enhance fairness and consistency of approach in taking decisions in the prosecution process, including institution or waiver of prosecution” (para. 17). B. Functions and role of prosecutors in relation to judicial and other actors 35. Prosecutors play a key role in protecting society from a culture of impunity, and function as gatekeepers to the judiciary. Pursuant to the United Nations Guidelines, prosecutors shall respect and protect human dignity and human rights, thereby contributing to ensuring due process and the smooth functioning of the criminal justice system (para. 12). The core tasks of prosecutors consist of performing an active role in criminal proceedings, instituting and conducting prosecution (para. 11); they may also “appeal or conduct appeals concerning all or some court decisions.” 10 Further tasks depend on each legal system. The United Nations Guidelines mention the investigation of crime, supervision over the legality of investigations, the supervision of the execution of court decisions and the exercise of other functions as representatives of public interest (para. 11). 36. The structure of prosecution services influences the relationship between prosecutors and other actors of the justice system, namely, judges, the police and individuals, including victims, witnesses and litigants. Regardless of how these relationships are construed, to promote the efficiency of prosecutors, the United Nations Guidelines recommend that prosecutors should strive to cooperate with the police, the courts, the legal profession and other government institutions (para. 20), in accordance with law and in a spirit of mutual cooperation.11 The role of prosecutors in relation to judges 37. The United Nations Guidelines recommends that the office of the prosecutor be strictly separated from the judicial function (para. 10). The roles of judges and prosecutors 10 11 8 Council of Europe, Committee of Ministers, Recommendation on the role of public prosecution in the criminal justice system, 6 October 2000, Rec (2000) 19, para. 2. IAP, Standards of professional responsibility (see footnote 4 above), art. 5, 2nd para.