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The Military Prosecutor's Office Act

Original Language Title: Ley de la Fiscalía Militar

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Law of the Military Prosecutor


Document: Law of the Military Prosecutor
Type of document: Law
Date of issue: 10/06/2006
Number of Legal Instrument: 101
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 27/06/2016
Source:
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RICARDO ALARCON DE QUESADA , President of the National Assembly of the People's Power of the Republic of Cuba.

I DO KNOW : That the National Assembly of the People's Power of the Republic of Cuba, at the session of June 10, 2006, corresponding to the Seventh Regular Period of Sessions of the VI Legislature, has approved the following:

AS REGARDS : Law No. 83, "Law of the Prosecutor General of the Republic" of 11 July 1997, establishes that the organization, structure and functions of the Military Prosecutor's Office, as well as the election, designation, revocation and responsibility of military prosecutors are determined by the Law of the Military Prosecutor's Office.

AS REGARDS : The experience gained from the application of Law No. 1310 "Law of the Military Prosecutor's Office" of 21 August 1976, which regulated the organization and functioning of that body as an integral part of the Office of the Prosecutor General of the Republic, advises its update, in correspondence with the development reached by the latter and the Ministries of the Revolutionary Armed Forces and the Interior.

FOR TANK : The National Assembly of People's Power, in use of the powers conferred upon it in Article 75 (b) of the Constitution of the Republic, agrees to issue the following:

ACT NO. 101

THE LAW OF THE MILITARY PROSECUTOR

CHAPTER I

GENERAL PROVISIONS

Article 1.-The Military Prosecutor's Office is the body that has as fundamental objectives to exercise control and the preservation of legality in the Ministries of the Revolutionary Armed Forces and the Interior, on the basis of the surveillance of the strict compliance with the Constitution of the Republic, laws and other legal provisions, as well as to promote criminal action and other powers granted to it by law.

ARTICLE 2.-The Military Prosecutor's Office is part of the Office of the Prosecutor General of the Republic, is organized vertically with hierarchical and functional independence of any local or military organ, is subordinate only to the Attorney General of the Republic, who directs his activity directly or through the Deputy Chief Prosecutor General of the Military Prosecutor's Office, to whom the military prosecutors are subordinate.

Article 3. The Military Prosecutor's Office contributes, in the exercise of its functions, to the education of the members of the armed institutions of the nation, in a spirit of fidelity to the Fatherland and the Revolution, of obedience to the Constitution of the Republic, laws and other legal provisions.

ARTICLE 4.1-. The Deputy Attorney General, Chief of the Military Prosecutor's Office, on the basis of the fulfillment of the functions and objectives of the Military Prosecutor's Office, informs the Ministers of the Revolutionary Armed Forces and the Interior, as well as the Military Council and the Address, respectively, of the state of compliance with legality in the armed institutions and makes proposals in this respect.

2.-The heads of territorial military fiscalis inform the heads of armies and their military councils of the aspects mentioned in the previous section.

3.-The heads of regional military prosecutors report, on the first paragraph, to the heads of the military regions and to the provincial heads of the Ministry of the Interior and their boards of directors.

4.-Military prosecutors report to the heads, within their respective competences, on the fulfillment of socialist legality, the fight against crimes and other violations of the law and the causes and conditions that originate them, making the They are also involved in the analysis of military discipline, as established.

CHAPTER II

OBJECTIVES AND TASKS

SECTION FIRST

GOALS

Article 5. The Military Prosecutor's Office, in addition to the fundamental objectives established by the Constitution and the Law of the Prosecutor General's Office, has the following specific objectives:

  1. to protect the legitimate rights and interests of members of the armed institutions and their business systems in the face of breaches of the legality of the heads of the armed institutions in the performance of their duties;
  1. to contribute to the prevention of crime and other violations of legality, to the elimination of its causes and conditions, to the strengthening of military and labor discipline, to the legal education of members of the armed institutions and their business systems in strict compliance with the Constitution, laws and other legal provisions;
  1. to promote and exercise public criminal action against those who are against the independence and sovereignty of the State, the fighting capacity and readiness of the armed institutions, the military discipline and regulatory order established for the compliance with the military service, as well as other violations of criminal law;
  1. to ensure compliance with criminal sentences, in particular the lawfulness of the enforcement of penalties for deprivation of liberty in detention facilities.

SECTION 2

FUNTIONS

ARTICLE 6.-The Military Prosecutor's Office for the fulfillment of its objectives has, in its responsibility, the principal functions established for the Office of the Prosecutor General of the Republic in the Law corresponding to this organ and the following specific ones:

(a) combat any attempt to affect the security of the State, the combat readiness and capacity of the armed institutions, the military discipline and the regime established for the performance of the military service and the missions entrusted to them institutions;

(b) acting in the face of violations of constitutional rights, legally established guarantees and in the face of violations of legality;

(c) attend to and deal with complaints and requests that are made in respect of alleged violations of the rights established in the laws;

(d) investigate complaints and instruct criminal proceedings, as well as to substantiate the other established procedures;

(e) to monitor the legality in the investigative files and at all stages of the military criminal proceedings;

(f) require the relevant military courts to deliver the proceedings of the completed proceedings for examination or to be in the seat of the courts to examine those proceedings;

(g) check the legality of the detention of detainees, insured persons, preventive prisoners, sanctions and the regime of compliance with detention, security measures, preventive detention and sanctions;

(h) check the legality and the system of compliance with the disciplinary corrections related to the detention of the military;

(i) propose the necessary measures to prevent crimes and other legal violations, the elimination of the causes that originate them and the conditions that facilitate them; requiring the adoption of appropriate measures;

(j) contribute to legal education and to the formation of a conscience of respect for the law in the members of the armed institutions and their business systems;

(k) to develop, process and analyse in the field of its competence the information resulting from its activity.

Article 7.-The Military Prosecutor's Office, as appropriate, performs the functions assigned to it in coordination with the heads of units and entities.

CHAPTER III

STRUCTURE AND COMPLETE

SECTION FIRST

GENERAL PROVISIONS

Article 8.1.-The Military Prosecutor's Office for the fulfillment of its functions is structured as follows:

(a) Chief Military Prosecutor;

(b) territorial and equivalent military fiscalis;

(c) regional and equivalent military fiscalis.

2.-They are considered equivalent to the territorial or regional military fiscalas, which, in the interest of the armed institutions, perform the same functions.

3.-The organic structure and the templates of the military fiscalas are approved by the Minister of the Revolutionary Armed Forces on the proposal of the Deputy Attorney General, Chief of the Military Prosecutor's Office, heard the opinion of the Attorney General of the Republic. As regards the Ministry of the Interior, it will also be taken into account by the Minister.

4.-In exceptional situations the Military Prosecutor's Office is organized and operates in accordance with the special legislation and according to the indications issued by the National Defense Council and those issued by the Attorney General of the Republic in the field of his competence.

ARTICLE 9.-The personnel of the Military Prosecutor's Office are part of the Revolutionary Armed Forces, they perceive their assets, they enjoy technical assurance, material, medical care, and the other benefits established for the staff of the Army. institution.

Article 10.1.-The discharge of officers, the granting of military degrees, the processing and granting of decorations, the passage to the reserve and the withdrawal or discharge is carried out in accordance with the rules established in the Armed Forces. Revolutionary.

  1. The officers serving in the Military Prosecutor's Office are subject to the laws, regulations and other provisions that regulate the enforcement of the military service.

SECTION 2

MAIN MILITARY PROSECUTOR

ARTICLE 11.-The Main Military Prosecutor's Office is the body that corresponds to the maximum direction of fiscal and military activity in established military prosecutors.

ARTICLE 12.-The Main Military Prosecutor's Office is constituted by the Deputy Attorney General, Chief of the Military Prosecutor's Office, the second chief, assistant military prosecutors, heads of organizational units, the first prosecutors, specialists, and personnel. auxiliary to be determined in the template, the functions of which are defined in the regulation of this Law.

ARTICLE 13. 1-The Deputy Attorney General, Chief of the Military Prosecutor's Office, has the powers established in this Law and its Rules of Procedure.

  1. The Deputy Prosecutor General, Chief of the Military Prosecutor's Office, is replaced by the Second Chief, in case of temporary absence, to all legal effects.

SECTION III

TERRITORIAL AND REGIONAL MILITARY PROSECUTORS

ARTICLE 14.-The territorial and regional military fiscalas or their equivalents exercise their functions within the limits of their demarcation with respect to all areas belonging, assigned or representing the interests of the armed institutions.

Article 15.1.-The territorial or equivalent military fiscalas are constituted by the heads, the second chiefs, the assistant military prosecutors, the heads of organizational units, the first prosecutors, military prosecutors, other officers and the personnel. auxiliary to be determined.

  1. Military fiscales of region or equivalent are constituted by the heads, the second chiefs, military prosecutors assistants, first prosecutors, military prosecutors and the auxiliary personnel to be determined.

3.-The heads of the territorial military fiscalas and the military fiscalas of region or equivalent, have in the relevant, and within their respective competences, the attributions that for the Deputy Attorney General are established in the This Law.

CHAPTER IV

CONTROL OF LEGALITY IN THE ARMED INSTITUTIONS AND THEIR BUSINESS SYSTEMS

SECTION FIRST

POWERS

Article 16.1.-The Military Prosecutor's Office exercises the control and preservation of legality in accordance with the law of the Office of the Prosecutor General of the Republic, in what is applicable in the armed institutions and their business systems.

2.-The powers of the prosecutor and the procedures to be followed in the tax investigations, the verification of legality, complaints and petitions and the criminal proceedings are exercised in accordance with the provisions of the Rules of Procedure.

Article 17.-Military prosecutors, within their respective powers, are empowered to:

(a) to request that the content of orders, directives and other provisions be submitted to them, dictated by the heads of units and entities to check their agreement with the law;

b) control the legality in the areas belonging, assigned or representing the interests of the armed institutions, to carry out the necessary formalities in case of complaints, complaints and petitions and to require the heads of units and entities to presentation of the documents, information and data necessary for such purposes;

(c) interest in the heads of units and entities, in accordance with the data or reports they hold on infringements of the laws, which carry out checks or controls on the activity of subordinate units;

(d) interest of the military and other persons, who provide statements on violations of the laws of which they are known or may have incurred;

(e) to inspect at any time the places of detention, units, military units, disciplinary units and penitentiary establishments, as well as the disciplinary detention units;

(f) to know the reasons for the detention, remand, sanction, arrest or disciplinary detention and to examine the relevant documentation, as well as to interview those who are in those situations.

SECTION 2

DUTIES OF MILITARY PROSECUTORS

ARTICLE 18.-Military prosecutors, in addition to fulfilling the functions set forth in this Law, have the following duties:

  1. receive, analyze, verify and process the reports, complaints, complaints and petitions, made by any person, military or civil, on violations of the laws attributed to the heads and other members of the armed institutions and their systems business;
  1. adopt the legal measures to restore, where appropriate, the rights violated and to defend the legitimate interests of the members of the armed institutions and their business systems;
  1. (a) to take the necessary steps to ensure that the freedom of the person who is deprived of his or her private life is immediately available and to take action against those responsible for this situation.

SECTION III

CONTROL OF LEGALITY

ARTICLE 19.1-Military prosecutors, in the exercise of the control and preservation of legality, inform the relevant chief about the violations they know of the legal provisions. Similarly, they are interested in the adoption of the appropriate measures for the restoration of the broken legality and the requirement of responsibility for the offenders.

They also inform you of other inadequacies or deficiencies that are appreciated, that constitute causes and conditions conducive to transgressions to the law.

2.-The chief, upon receiving the report, has a term of up to thirty days to inform the military prosecutor of the actions to be taken to restore the broken legality.

3.-In cases where it does not coincide with the content of the report, it communicates to the military prosecutor, within the term referred to in the previous paragraph, the explanation of the grounds on which it is based.

Article 20.1.-When the report presented by the military prosecutor is not answered by the chief to whom it was presented, in the established term, or is not accepted without reasonable grounds, the Chief of the Military Prosecutor's Office, which corresponds directly to the The head of the staff of the staff of the staff.

2.-If it is a chief of higher hierarchy, it is dealt with through the Chief of the Military Prosecutor's Office.

3.-When the non-acceptance of the report by the chief is appropriate, the Chief of the Military Prosecutor's Office shall modify it as appropriate or revoke it.

ARTICLE 21.1.-The heads of the military prosecutors contest the orders, directives and other provisions of the chiefs that contradict the Constitution, the laws and other legal provisions. The challenge is presented in writing to the chief who issued it or to the chief immediate officer of these.

2. However, if in the analysis of the illegality of the provision, the chief decides to modify it or revoke it according to the law, the prosecutor, does not present the challenge.

3.-The challenge referred to in the previous article is analyzed, decided and answered in writing, within the term of ten days, by the head of unit or entity concerned.

4.-Where the challenge is not resolved within 10 days, the formalities laid down in Article 20 shall be completed.

CHAPTER V

MILITARY PROSECUTOR ' S STAFF

SECTION FIRST

ELECTION AND APPOINTMENT OF MILITARY PROSECUTORS

Article 22.1.-The election of the Deputy Attorney General, Chief of the Military Prosecutor's Office, takes place in accordance with the provisions of the General Vice-Prosecutors in the Constitution and the Law of the Prosecutor General's Office.

2.-The Second Chief of the Military Prosecutor's Office, the assistant prosecutors, the heads and second heads of the organizational units of the Main Military Prosecutor's Office, the heads and second heads of the territorial military prosecutors and the heads of the public prosecutor's office. Military officers from regions or equivalents are appointed by the Attorney General of the Republic on the proposal of the Deputy Attorney General, Chief of the Military Prosecutor's Office.

3. The other military chiefs and prosecutors are appointed by the Deputy Attorney General, Chief of the Military Prosecutor's Office.

SECTION 2

REQUIREMENTS

ARTICLE 23.-To be military prosecutor, the following requirements are required:

(a) be an active duty military officer of the Revolutionary Armed Forces and maintain an exemplary attitude in the performance of his military and social duties;

(b) be entitled to the exercise of the law by title issued or validated by a university or official institution empowered to do so;

(c) have been thirty years of age in the case of the Deputy Attorney General, Chief of the Military Prosecutor's Office, the Second Chief of the Military Prosecutor's Office, the other heads of the Chief Military Prosecutor's Office, and the heads of the territorial military and military prosecutors. equivalents. In all cases, experience and results are taken into account in their professional work;

(d) have been twenty-one years of age in other cases.

CHAPTER VI

TECHNICAL, ADMINISTRATIVE AND SERVICE PERSONNEL

ARTICLE 24.1.-The officers who are destined to provide services in the various specialties that contribute to the fulfillment of the functions assigned to the Military Prosecutor's Office, are appointed in the posts by the Deputy Attorney General, Chief of the Prosecutor General's Office Military, according to the regulations that exist in the Revolutionary Armed Forces.

2.-The civil servants who provide services in the Military Prosecutor's Office are applicable to the rules established for the civil personnel of the Revolutionary Armed Forces.

3.-The heads of the Deputy Attorney General, Chief of the Military Prosecutor's Office, may appoint sergeants, cabs and soldiers from the active military service, to perform administrative and auxiliary duties.

SPECIAL PROVISIONS

FIRST : The Minister of the Revolutionary Armed Forces, the Attorney General of the Republic, and the Deputy Attorney General, Chief of the Military Prosecutor's Office, within the scope of their respective powers, are empowered to issue the additional provisions for the implementation and enforcement of this Law.

SECOND: The Deputy Attorney General, Chief of the Military Prosecutor's Office, proposes to the Minister of the Interior the adoption of the necessary provisions for the fulfillment of this Law in the Ministry.

THIRD: The Attorney General of the Republic, when the circumstances so require, after compliance with the requirements of the officers of the Revolutionary Armed Forces, may provide for military prosecutors to perform duties in the Prosecutor General's Office. the Republic.

FOURTH: The military prosecutors cease in the exercise of their duties for the same reasons and in accordance with the procedure established in the Law of the Office of the Prosecutor General of the Republic.

FINAL PROVISIONS

FIRST: The material, technical and financial assurance of the Military Prosecutor's Office and the territorial and regional military prosecutors, as well as the security and protection of their facilities, corresponds to the Ministry of the Forces. Revolutionary Armed Forces.

SECOND: The Ministries of the Revolutionary Armed Forces and the Interior support the fiscal function, as the Military Prosecutor's Office interests them, especially regarding the custody, driving, transfer, and presentation of the persons requested.

THIRD: Any reference to the present legislation or other documents to the current military personnel of the garrison is understood, in all its effects, to the military fiscalas in the region.

FOURTH: In all that does not object to the provisions of this Law and its Rules of Procedure, Law No. 83 "of the Office of the Prosecutor General of the Republic" and its Rules of Procedure are applied in an additional manner.

QUINTA: Military prosecutors, who are in office by election or appointment upon entry into force, are considered to be ratified in their posts and remain in the exercise of their duties.

SIXTH: The Attorney General of the Republic, on a proposal from the Deputy Attorney General, Chief of the Military Prosecutor's Office, taking into account the considerations of the Minister of the Revolutionary Armed Forces, dictates the Rules of Procedure of this Law within one hundred Eighty days from its publication in the Official Gazette of the Republic.

SEVENTH: Law No. 1310 "Law of the Military Prosecutor's Office", dated 21 August 1976, is repealed, and all legal provisions are opposed to compliance with the provisions of this Law, which enters into force on the sixteen days of October 2006.

DADA In the Chamber of sessions of the National Assembly of People's Power, the Convention Palace, in the city of Havana, ten days in the month of June, two thousand six, "Year of the Energy Revolution in Cuba"