Cuba - Revision history

IBJadmin at 07:46, 4 April 2013

2013-04-04T07:46:01Z

← Older revision		Revision as of 09:46, 4 April 2013
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			{{Languages\|Cuba}}


	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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Ibjadmin at 14:56, 1 March 2011

2011-03-01T14:56:56Z

Ibjadmin at 14:09, 1 March 2011

2011-03-01T14:09:41Z

Ibjadmin at 14:02, 1 March 2011

2011-03-01T14:02:07Z

← Older revision		Revision as of 16:02, 1 March 2011
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
	*[http://www.cubaverdad.net/cuban_constitution_english.htm \| Constitution of Cuba (1992)]		*[http://www.cubaverdad.net/cuban_constitution_english.htm Constitution of Cuba (1992)]
	*[http://www.cubaverdad.net/2002_constitutional_amendment.htm\| Constitution of Cuba (2002 Amendments)]		*[http://www.cubaverdad.net/2002_constitutional_amendment.htm Constitution of Cuba (2002 Amendments)]
	*Media:Criminal_Procedure_Cuba.pdf \| Criminal Procedure Code of Cuba
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]

Ibjadmin at 14:01, 1 March 2011

2011-03-01T14:01:47Z

← Older revision		Revision as of 16:01, 1 March 2011
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	==Type of System==		==Type of System==

	The Cuban legal system is ~~of a~~ civil law tradition.		The Cuban legal system is heavily influenced by the Spanishb civil law tradition.

	==Sources of Defendants' Rights==		==Sources of Defendants' Rights==

Ibjadmin at 13:23, 1 March 2011

2011-03-01T13:23:58Z

← Older revision		Revision as of 15:23, 1 March 2011
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
	*~~Media~~:~~Constitution_of_Cuba~~.~~pdf~~ \| Constitution of Cuba		*[http://www.cubaverdad.net/cuban_constitution_english.htm \| Constitution of Cuba (1992)]
			*[http://www.cubaverdad.net/2002_constitutional_amendment.htm\| Constitution of Cuba (2002 Amendments)]
	*Media:Criminal_Procedure_Cuba.pdf \| Criminal Procedure Code of Cuba		*Media:Criminal_Procedure_Cuba.pdf \| Criminal Procedure Code of Cuba
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>

Ibjadmin at 13:22, 1 March 2011

2011-03-01T13:22:58Z

← Older revision		Revision as of 15:22, 1 March 2011
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	*2006: Prison Population:60,000 (estimated)		*2006: Prison Population:60,000 (estimated)

	__NOTOC__		__NOTOC__

	<references/>		<references/>
	{{Languages\|Cuba}}		{{Languages\|Cuba}}

Ibjadmin at 13:22, 1 March 2011

2011-03-01T13:22:36Z

← Older revision		Revision as of 15:22, 1 March 2011
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
	[Media:Constitution_of_Cuba.pdf \| Constitution of Cuba		*Media:Constitution_of_Cuba.pdf \| Constitution of Cuba
	*Media:Criminal_Procedure_Cuba.pdf \| Criminal Procedure Code of Cuba		*Media:Criminal_Procedure_Cuba.pdf \| Criminal Procedure Code of Cuba
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>

Ibjadmin at 13:22, 1 March 2011

2011-03-01T13:22:16Z

← Older revision		Revision as of 15:22, 1 March 2011
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	==Background==		==Background==
	~~A small~~ island nation in the Caribbean, the Republic of Cuba has been ruled by Fidel Castro since the Cuban Revolution of 1953-1959. With a population of over 11 million people, Cuba is the largest island nation in the Caribbean.		An island nation in the Caribbean, the Republic of Cuba has been ruled by Fidel Castro since the Cuban Revolution of 1953-1959. With a population of over 11 million people, Cuba is the largest island nation in the Caribbean.

	==Type of System==		==Type of System==

Ibjadmin at 13:21, 1 March 2011

2011-03-01T13:21:21Z

← Older revision		Revision as of 15:21, 1 March 2011
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
	*[[Media:Constitution_of_Cuba.pdf \| Constitution of Cuba]]		[Media:Constitution_of_Cuba.pdf \| Constitution of Cuba
	*[[Media:Criminal_Procedure_Cuba.pdf \| Criminal Procedure Code of Cuba]]		*Media:Criminal_Procedure_Cuba.pdf \| Criminal Procedure Code of Cuba
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]

← Older revision		Revision as of 16:56, 1 March 2011
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	==Defendants' Rights==		==Defendants' Rights==

	~~There is a presumption that~~ a defendant is innocent until proven guilty. Witnesses may be involved in court proceedings and the defendant has a right to have a defense counsel if the individual is unable to provide their own defense. There are provisions to ensure public access to legal counsel at a fee set by the state. The accused has a right to a fair trial, presided over by members of an independent judiciary. The defendant has no right to a trial by jury. Within the Cuban legal system there is no alternative to formal criminal proceedings in court.		In Cuba a defendant is presumed innocent until proven guilty. Witnesses may be involved in court proceedings and the defendant has a right to have a defense counsel if the individual is unable to provide their own defense. There are provisions to ensure public access to legal counsel at a fee set by the state. The accused has a right to a fair trial, presided over by members of an independent judiciary. The defendant has no right to a trial by jury. Within the Cuban legal system there is no alternative to formal criminal proceedings in court.

	While the Cuban Constitution does permit capital punishment, there are certain limitations. Article 30.8 of the Cuban Criminal Code of 1987 states that no punishment ~~must~~ be ordered which impairs the dignity of the individual ~~in an effort to ensure the full protection of human rights~~. Under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Cuba ratified in 1995, the Cuban legal system has duties to prevent defendants being ~~subject to torture~~, although reports have been made by human rights charities doubting the systems adherence to their duties under this international instrument.		While the Cuban Constitution does permit capital punishment, there are certain limitations. Article 30.8 of the Cuban Criminal Code of 1987 states that no punishment may be ordered which impairs the dignity of the individual. Under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Cuba ratified in 1995, the Cuban legal system has duties to prevent defendants from being tortured, although reports have been made by human rights charities doubting the systems adherence to their duties under this international instrument.

	Article 29.1 of the Cuban Criminal Code states that ~~whilst~~ capital punishment is a legitimate form of punishment within the Cuban legal system, it is regarded as “exceptional” and is ordered in the “most serious offences” ~~held by the court. The article excludes women~~ who are pregnant (when committing the crime or during the trial) and those individuals who are under 20 years from ~~being sentenced to~~ the death penalty~~; capital~~ punishment is executed by a firing squad.		Article 29.1 of the Cuban Criminal Code states that while capital punishment is a legitimate form of punishment within the Cuban legal system, it is regarded as “exceptional” and is only ordered in the “most serious offences”. Women who are pregnant when committing the crime or during the trial and those individuals who are under 20 years are excluded from the death penalty. Capital punishment is executed by a firing squad.

	Article 35 of the Criminal Code of 1987 ~~ensures~~ defendants ~~are not fined excessively~~. The fine ~~will be determined by shares~~ (from a minimum of 50 cents to a maximum of $20) with the court taking into consideration the time of arrest and detention ~~when calculating at what amount a fine should be set~~, ~~with a rate of one share per day. The~~ defendant’s earning, ~~or remuneration based on work similar to the defendant will be considered as well as the defendant’s~~ costs of living and ~~those who are dependent upon~~ the ~~individual~~. The fine set can also be paid in instalments.		Many criminal cases are resolved using the day fine system. However, Article 35 of the Criminal Code of 1987 protects defendants from excessive fines. The fine is calculated using a day rate(from a minimum of 50 cents to a maximum of $20) with the court taking into consideration the time of arrest and detention, the defendant’s earning, costs of living and the defendant's number of dependants. The fine set can also be paid in instalments.

	====Pre-Trial====		====Pre-Trial====
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	The National Revolutionary Police Force are charged with the responsibility of law enforcement in Cuba. Despite this responsibility, there are very few statutory limitations placed upon police discretion in relation to stop & search procedures and their powers of arrest. Stop and search procedures are regarded as separate from the initial criminal investigation and therefore it is believed that civilians do need provisions providing protection from the police at this stage.		The National Revolutionary Police Force are charged with the responsibility of law enforcement in Cuba. Despite this responsibility, there are very few statutory limitations placed upon police discretion in relation to stop & search procedures and their powers of arrest. Stop and search procedures are regarded as separate from the initial criminal investigation and therefore it is believed that civilians do need provisions providing protection from the police at this stage.

	~~It is the~~ Ministry of the Interior ~~within Cuba who are~~ charged with the responsibility of overseeing ~~the practice of~~ the National Revolutionary Police Force, but due to its political place in Cuba, it appears there is no independent watchdog of the police procedures.		The Ministry of the Interior is charged with the responsibility of overseeing the National Revolutionary Police Force, but due to its political place in Cuba, it appears there is no independent watchdog of the police procedures.

	Police powers in regards to the arrest of a defendant are governed by Article 58 of the Cuban Constitution which states the manner and cases in which the provision applies to.		Police powers in regards to the arrest of a defendant are governed by Article 58 of the Cuban Constitution which states the manner and cases in which the provision applies to.
	The Cuban system does not ~~has~~ a comparable warrant procedure when arresting an individual as countries such as the United Kingdom, although a warrant is required for searching a home which is not regarded as the scene of a crime.		The Cuban system does not have a comparable warrant procedure when arresting an individual as countries such as the United Kingdom, although a warrant is required for searching a home which is not regarded as the scene of a crime.

	~~Whilst confessions~~ can be admitted in court, the manner in which they are obtained must involve no violence or force. If a confession is made orally, then a written copy must be provided to the defendant to be signed. If a confession is made by a minor (an individual under the age of 16) then the document must be signed in the presence of their parents or legal guardians. ~~Whilst~~ a confession is admissible, it is not sufficient to base a prosecution solely on this evidence.		Confessions can be admitted in court, but the manner in which they are obtained must involve no violence or force. If a confession is made orally, then a written copy must be provided to the defendant to be signed. If a confession is made by a minor (an individual under the age of 16) then the document must be signed in the presence of their parents or legal guardians. Whie a confession is admissible, it is not sufficient to base a prosecution solely on this evidence.

	====Trial====		====Trial====
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	If it is held that there is enough evidence to bring criminal proceedings, including the availability of witnesses, a bill of indictment must be submitted to the court as well as the defendant’s attorney.		If it is held that there is enough evidence to bring criminal proceedings, including the availability of witnesses, a bill of indictment must be submitted to the court as well as the defendant’s attorney.

	During the trial, the case of both the prosecution and defence are read out. The defendant is then called as the first witness, although the defendant may decline to. The defendant must not put under any pressure to testify~~, if~~ this is shown to have happened, then the testimony of the defendant is “null and void” and those responsible will be punished. The other witnesses are then called and examined by the counsel and judge, followed by the closing statements, including that of the defendant.		During the trial, the case of both the prosecution and defence are read out. The defendant is then called as the first witness, although the defendant may decline to testify. The defendant must not be put under any pressure to testify. If this is shown to have happened, then the testimony of the defendant is “null and void” and those responsible will be punished. The other witnesses are then called and examined by the counsel and judge, followed by the closing statements, including that of the defendant.
	In cases involving expert witnesses, the same procedure is followed as witnesses giving evidence.		In cases involving expert witnesses, the same procedure is followed as witnesses giving evidence.

	Following the trial, the court has 10 days to make their decision in writing, including their reasons as to why they reached the decision~~, to the attorneys~~.		Following the trial, the court has 10 days to make their decision in writing, including their reasons as to why they reached the decision.

	====Post-Conviction====		====Post-Conviction====
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	====Prisons in Cuba====		====Prisons in Cuba====

	~~Whilst~~ the number of prisons in Cuba is not known, there is a high volume of prison facilities, as well as a number of open farms where individuals charged with ~~more~~ minor offences carry out their sentences. There are also prisons which are more comparable to school facilities for defendants regarded as minors (those under the age of 16). The prison system is administrated by the Penal Directorate of the Ministry of Justice and conditions are governed by Article 31.1 of the Code which includes the provision of clothing, and medical care, as well as the provision of education (up to a high school degree), the ability to learn a trade or to work to earn money.		While the number of prisons in Cuba is not known, there are a high volume of prison facilities, as well as a number of open farms where individuals charged with minor offences carry out their sentences. There are also prisons which are more comparable to school facilities for defendants regarded as minors (those under the age of 16). The prison system is administrated by the Penal Directorate of the Ministry of Justice and conditions are governed by Article 31.1 of the Code which includes the provision of clothing, and medical care, as well as the provision of education (up to a high school degree), the ability to learn a trade or to work to earn money.

	Article 31.1 also provides for the medical care of prisoners, to the same level of care provided outside of prison, and article 20.1 of the Cuban Criminal Code provides “mental illness” as a defence to a crime. Despite these provisions, human rights charities have raised concerns as to the level of care received. The Cuban legal system states that the dignity of defendants must not be impaired in prisons, although there has also been doubt as to whether this idea is upheld.		Article 31.1 also provides for the medical care of prisoners, to the same level of care provided outside of prison, and article 20.1 of the Cuban Criminal Code provides “mental illness” as a defence to a crime. Despite these provisions, human rights charities have raised concerns as to the level of care received. The Cuban legal system states that the dignity of defendants must not be impaired in prisons, although there has also been doubt as to whether this idea is upheld.

← Older revision		Revision as of 16:09, 1 March 2011
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>

	*[http://www.cubaverdad.net/cuban_constitution_english.htm Constitution of Cuba (1992)]		*[http://www.cubaverdad.net/cuban_constitution_english.htm Constitution of Cuba (1992)]
	*[http://www.cubaverdad.net/2002_constitutional_amendment.htm Constitution of Cuba (2002 Amendments)]		*[http://www.cubaverdad.net/2002_constitutional_amendment.htm Constitution of Cuba (2002 Amendments)]

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
	\|}		\|}
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	==Type of System==		==Type of System==

	The Cuban legal system is heavily influenced by the ~~Spanishb~~ civil law tradition.		The Cuban legal system is heavily influenced by the Spanish civil law tradition.

	==Sources of Defendants' Rights==		==Sources of Defendants' Rights==

	Defendants' rights are currently protected by the Cuban Constitution of 1992 (with amendments in 2002) ~~following the Cuban Constitution of 1940 and 1976,~~ as well as the Criminal Code of 1987.		Defendants' rights are currently protected by the Cuban Constitution of 1992 (with amendments in 2002) as well as the Criminal Code of 1987.

	==Defendants' Rights==		==Defendants' Rights==

	There is a presumption that a defendant is innocent until proven guilty. Witnesses may be involved in court proceedings and the defendant has a right to have a ~~defence~~ counsel, if the individual is unable to provide their own ~~defence, there~~ are provisions to ensure public access to legal counsel at a fee set by the state. The accused has a right to a fair trial, ~~preceded~~ over by members of ~~the~~ independent judiciary. The defendant has no right to a trial by jury~~; within~~ the Cuban legal system there is no alternative to ~~the~~ formal criminal proceedings in court.		There is a presumption that a defendant is innocent until proven guilty. Witnesses may be involved in court proceedings and the defendant has a right to have a defense counsel if the individual is unable to provide their own defense. There are provisions to ensure public access to legal counsel at a fee set by the state. The accused has a right to a fair trial, presided over by members of an independent judiciary. The defendant has no right to a trial by jury. Within the Cuban legal system there is no alternative to formal criminal proceedings in court.

	~~Whilst~~ the Cuban Constitution does permit capital punishment, there are certain limitations. Article 30.8 of the Cuban Criminal Code of 1987 states that no punishment must be ordered which impairs the dignity of the individual in an effort to ensure the full protection of human rights. Under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Cuba ratified in 1995, the Cuban legal system has duties to prevent defendants being subject to torture, although reports have been made by human rights charities doubting the systems adherence to their duties under this international instrument.		While the Cuban Constitution does permit capital punishment, there are certain limitations. Article 30.8 of the Cuban Criminal Code of 1987 states that no punishment must be ordered which impairs the dignity of the individual in an effort to ensure the full protection of human rights. Under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Cuba ratified in 1995, the Cuban legal system has duties to prevent defendants being subject to torture, although reports have been made by human rights charities doubting the systems adherence to their duties under this international instrument.

	Article 29.1 of the Cuban Criminal Code states that whilst capital punishment is a legitimate form of punishment within the Cuban legal system, it is regarded as “exceptional” and is ordered in the “most serious offences” held by the court. The article excludes women who are pregnant (when committing the crime or during the trial) and those individuals who are under 20 years from being sentenced to the death penalty; capital punishment is executed by a firing squad.		Article 29.1 of the Cuban Criminal Code states that whilst capital punishment is a legitimate form of punishment within the Cuban legal system, it is regarded as “exceptional” and is ordered in the “most serious offences” held by the court. The article excludes women who are pregnant (when committing the crime or during the trial) and those individuals who are under 20 years from being sentenced to the death penalty; capital punishment is executed by a firing squad.