The Military Prosecutor's Office Act

Original Language Title: Ley de la Fiscalía Militar

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Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-de-la-fiscalia-militar

RICARDO ALARCÓN of QUESADA, President of the Assembly national of the power Popular from the Republic of Cuba.

I do know: That the Assembly national of the power people of the Republic of Cuba, at the session of June 10, 2006, corresponding to the seventh regular session of the sixth legislature, has approved the following: as: Law No. 83, "Law of the Prosecutor General of the Republic", of July 11, 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: The experience gained from the application of the law No. 1310 "Law of the military prosecutor's Office", 21 August 1976, which regulated the Organization and functioning of the Court as an integral part of the Office of the Attorney-General, advised its update, in correspondence with the development achieved by this and by the Ministry of the revolutionary armed forces and the Interior.

POR_TANTO: The National Assembly of the Popular power, in exercise of the powers which are conferred in section 75, subsection b) of the Constitution of the Republic, according to dictate the following: law NO. 101 law of the Prosecutor's Office military chapter I provisions general article 1.-the military prosecutor is the organ that has as main objectives to exercise control and the preservation of legality in the Ministry of the revolutionary armed forces and the Interior, on the basis of the monitoring of strict compliance with the Constitution, laws and other legal provisions as well as promote the criminal action and other powers granted by the law.

Article 2.-The military prosecutor is part of the Office of the Attorney-General, is vertically organized with hierarchical and functional independence of any local body or military, it is subject only to the Prosecutor General of the Republic, who directs its activity directly or through the Durango General Chief of the military prosecutor, who military prosecutors are subordinate.

Article 3.-The military prosecutor contributes in the exercise of their functions, to the education of members of the institutions of the nation, in a spirit of loyalty to the homeland and the revolution, obedience to the Constitution, laws and other legal provisions armed.

ARTICLE 4.1-. The Durango General, Chief of the military prosecutor, on the basis of the fulfilment of the functions and objectives of the military prosecutor's Office, reports to the Ministers of the revolutionary armed forces and of the Interior, as well as the military Council and the address, respectively, of the State of compliance with the law in the armed institutions and makes proposals in this regard.

2. the heads of territorial military prosecution report to heads of armies and their military advice aspects referred to in the preceding paragraph.

3. the heads of military prosecutors in region, on the provisions of the first paragraph, inform chiefs of military regions and the provincial heads of the Ministry of the Interior and their boards of direction.

4. military prosecutors inform chiefs, within their respective competencies, the compliance of socialist legality, the fight against crimes and other violations of the law and the causes and conditions that originate them, making the relevant proposals and participating in the analysis of military discipline, as stipulated.

 

Chapter II objectives and functions section first objectives article 5.-the military prosecutor, in addition to the objectives referred to in the Constitution and the law of the General's Attorney, has the following specific objectives: protect the rights and legitimate interests of members of the armed institutions and their enterprise systems to infringements of legality that bosses have incurred in the exercise of their functions;
contribute to the prevention of crime and other violations of the law, the Elimination of its causes and conditions, to the strengthening of the military and labor discipline to the legal education of the members of the armed institutions and their business systems in strict compliance with the Constitution, laws and other legal provisions;
promote and exercise public criminal action against those who violate the independence and sovereignty of State, the capacity and willingness of the armed institutions, fighting discipline military and regulatory order established for the performance of military service, as well as other violations of the criminal law;
 ensure the enforcement of criminal judgments, especially the legality of the enforcement of the penalties of deprivation of liberty in places of internment.
 

(Section second functions article 6.-it Prosecutor military for the compliance of their objectives has, in what you compete, them functions main established for the Prosecutor General of the Republic in it law corresponding to this organ and them specific following: to) combat all try to of affect the security of the State, it available and capacity fighting of them institutions armed the discipline military and the regime established for the performance of military service and missions assigned to these institutions;

(b) Act on violations of constitutional rights, warranties legally established and against infringements of legality;

(c) meet and deal with complaints and requests formulated in that appreciate alleged violations of the rights set forth in the laws;

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

(e) checking the legality in the investigative files and in all phases of the military criminal justice process;

(f) require delivery of the actions of the processes completed for consideration corresponding military courts or appear in person at the headquarters of these to examine who they are in the pipeline;

(g) check the legality of the internment of those detained, insured, prisoners preventive, sanctioned and the regime of compliance of the detention, measures of security, prison preventive and sanctions;

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

(i) propose measures to prevent crimes and other legal violations, the Elimination of the causes underlying them and the conditions that facilitate them; requiring the adoption of measures that apply;

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

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

Article 7.-The military prosecutor, as appropriate, performs the functions which are conferred in coordination with the heads of units and entities.

(Chapter III structure and completion section first provisions general article 8.1.-the Prosecutor military for the compliance of their functions is structure of the form following: to) prosecution military main;

(b) military prosecutors territorial and equivalents;

(c) military region and equivalent prosecution.

2. are considered equivalent to the territorial military prosecution or region, which according to the interest of the armed institutions, play equal roles.

3. the organizational structure and templates from the military prosecutor's offices were approved by the Minister of the revolutionary armed forces on the proposal of the General Durango, head of the military prosecutor's Office, heard the opinion of the Prosecutor General of the Republic. In relation to the Ministry of the Interior will be taken into account, in addition, the opinion of his Minister.

4. in exceptional circumstances the military prosecutor is organized and operates under special law and according to directions that are issued by the Council of national defense, which dictates the Prosecutor General of the Republic in the sphere of its competence.

Article 9.-The staff of the military prosecutor's Office is part of the revolutionary armed forces, perceived their assets, enjoy the technical assurance, material, medical care and other benefits established for the staff of the institution.

Article 10.1.-Registration in official charges, military degree granting, processing and granting of awards, the passage to the reserve and the removal or low is carried out in accordance with rules laid down by the revolutionary armed forces.
The officers who serve in the military prosecutor's Office are subject to the laws, regulations and other provisions governing the performance of the military service.
 

SECOND prosecution military main article 11.-the public prosecutor military main section is the organ which corresponds to the maximum position of fiscal and military activity in the military prosecutor's offices established.

Article 12.-La Prosecutor military main consists of the Durango General, head of the military prosecutor's Office, the Deputy Chief, fiscal Assistant military, heads of organizational units, prosecutors first, specialists and support staff to be defined in the template, whose functions are defined in the regulations under this law.

ARTICLE 13. 1. the General Durango, head of the military prosecutor's Office, has powers that are established in this law and its regulation.

The second Chief, in the event of temporary absence, replaces the Durango General, head of the military prosecutor's Office, for all legal purposes.
 

THIRD Prosecutor military territorial and section of REGION article 14.-the region and territorial military prosecution or their equivalent exercise their functions within the limits of their demarcation regarding all areas belonging, assigned or that represent interests of the armed institutions.

Article 15.1.-the prosecutors military territorial or equivalent are constituted by them heads, them seconds heads, tax military assistants, heads of units organizational, first tax, tax military, others official and the personal auxiliary that is determined.
The prosecutors military region or equivalent consist of chiefs, chiefs seconds, tax military assistants, first fiscal, tax military and auxiliary staff to be determined.
3. the heads of the territorial military prosecutors and military prosecutors in region or equivalent, have in the relevant, and within their respective competencies, powers that are established in the regulations under this law for taking General.

 

Chapter IV CONTROL by the legality in the institutions armed and its systems business section first powers article 16.1.-the military prosecutor exercises control and preservation of legality in accordance with the law of the General Prosecutor of the Republic, in which applicable in armed institutions and business systems.

2. the powers of the Prosecutor and the procedures to be followed in tax inspections, checks the legality, complaints and petitions and the criminal proceedings are carried out pursuant to the regulation of this law.

 

Article 17.-the tax military, within their respective competencies, are empowered to: to) request that containing documents of orders, directives and other provisions, issued by the heads of units and entities to check their consistency with the law; delivered to them

(b) control the legality in the areas assigned, belonging or representing interests of the armed institutions, carry out the relevant procedures in case of complaints, complaints and requests and to the heads of units and entities require the submission of documents, information and data necessary for these purposes;

(c) interest of the heads of units and entities, in accordance with the data or reports having about infractions of the laws, carrying out checks or controls the activity of the subordinate units;

(d) interest of the military and other persons, who provide statements about violations of laws that know or may have incurred;

(e) inspect at any time the places of detention, units, military units, disciplinary units and prisons, as well as disciplinary retention units;

(f) ascertain the reasons of arrest, pre-trial detention, punishment, arrest or disciplinary retention and examine the documentation, as well as interviewing those who are in these situations.

 

SECOND section duties of the prosecutors military article 18.-the tax military, in addition to performing the functions provided for in this law have the following duties: receive, analyze, verify and process the reports, complaints, complaints and requests, made by any person, military or civilian, on violations of the laws attributed to the heads and other members of the armed institutions and business systems;
the legal measures that violated rights are restored, if necessary, and defend the legitimate interests of members of the armed institutions and business systems;
make with the required urgency actions so who is illegally deprived of this freedom is available immediately and proceed against those responsible for this situation.
 

SECTION third CONTROL by the legality article 19.1 - military tax, in the exercise of control and preservation of legality, inform the corresponding boss on the violations that they are aware of the legal provisions. Similarly interested in the adoption of relevant measures for the restoration of broken legality and the demand for responsibility offenders.

Also inform you of other inadequacies or shortcomings which appreciate, that they constitute causes and propitiatory conditions of transgressions to the law.

2. the Chief, upon receiving the report, has a term of up to thirty days to communicate to the Prosecutor military actions to be carried out to restore the broken law.

3.-in them cases in that not match with the content of the referred report communicates to the fiscal military, within the term designated in the paragraph above, the explanation of them reasons in that is based for this.

Article 20.1.-When the report presented by the military prosecutor is not answered by the head that arose, in the established term, or not accepted without grounds, head corresponding military prosecutor reports it directly immediate superior Chief of him arose that.

2 if it is a Chief of the upper hierarchy, is it transacted through the head of the military prosecutor corresponding.

3 where the non-acceptance of the report by Chief is coming, the head of the military prosecutor corresponding changes in the relevant or revokes it.

Article 21.1.-The heads of the military prosecutor's offices contested orders, directives, and other provisions of the heads that contradict the Constitution, laws and other legal provisions. The challenge arises in writing Chief who issued it or to the immediate superior head of these.

2. However, if in the analysis of the illegality of the provision, the Chief decide to modify or revoke it in accordance with the law, the Prosecutor, presents no challenge.

3.-the challenge to is concerns the article previous is analyses, decides and answers by written, within the term of ten days, by the Chief of unit or entity corresponding.

4. when the dispute is not resolved within ten days, shall be subject to the formalities laid down in article 20.

 

Chapter V staff by the Prosecutor's Office military section first election and appointment of the prosecutors military article 22.1.-the choice of the Durango General, head of the military prosecutor's Office, takes place in accordance with provisions for the Deputy Attorneys General in the Constitution and in the law of the General Prosecutor of the Republic.

2. the second head of the military prosecutor, tax assistants, bosses and second heads of OUs of the main military prosecutor, heads and second heads of the territorial military prosecutor's offices and the heads of regions or equivalent military prosecutors are named by the Prosecutor General of the Republic on the proposal of the General Durango, head of the military prosecutor's Office.

3. the remaining heads and fiscal-military are appointed by the Durango General, head of the military prosecutor's Office.

 

SECTION second requirements article 23.-to be fiscal military requirements the following requirements: to) be military in active service of the revolutionary armed forces and maintain an exemplary attitude in the performance of their military and social duties;

(b) be able to exercise the right by title issued or rendered valid by University or official institution empowered to do so.

(c) have met thirty years of age when is try of the taking General, Chief of the prosecution military, the second Chief of the Prosecutor military, them others heads of the Prosecutor military main and them heads of them prosecutors military territorial and equivalent. In all cases takes into account the experience and results in their professional work;

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

 

Chapter VI PERSONAL technical, administrative and services article 24.1.-officials are intended to provide services in various disciplines that contribute to the fulfilment of the functions assigned to the military prosecutor's Office, are named in charges for taking General, head of the military prosecution, in accordance with the regulations that exist in the revolutionary armed forces.

2 services in the military prosecutor's Office apply to civilian workers serving the standards established for the civilian staff of the revolutionary armed forces.

3. the leaders empowered by the Durango General, head of the military prosecutor's Office, can appoint sergeants, corporals and soldiers of active military service, to perform administrative and auxiliary tasks.

 

Special provisions first: The Minister of the revolutionary armed forces, the Attorney General of the Republic and the Durango General, Chief of the military prosecutor, in the field of their respective competencies, are empowered to issue supplementary provisions for the execution and implementation of this law.

Second: The Durango General, head of the military prosecutor's Office, proposes to the Minister of the Interior the adoption of provisions required for compliance with this Act in the Ministry.

Third: The Attorney General of the Republic, when the circumstances so require, prior compliance with provisions for officers of the revolutionary armed forces, available to military prosecutors to exercise functions in the Office of the Attorney-General.


Fourth: Military prosecutors cease in the exercise of their functions for the same reasons and in accordance with the procedure laid down in the law of the General Prosecutor of the Republic.

 

PROVISIONS late first: the assurance material, technical and financial of the Prosecutor's Office military main and of them prosecutors military territorial and of region or equivalent, as well as the security and protection of its facilities, corresponds to the Ministry of them forces armed revolutionary.

Second: The revolutionary armed forces and the Interior Ministries support fiscal function, as interested the military prosecutor's Office, especially with regard to custody, driving, transfer and presentation of persons who request them.

Third: Any reference that in the legislation or in other documents to the current military garrison procurators, means, all its effects, to the military prosecutor's offices in region.

Fourth: In everything that does not object to the provisions of this law and its regulations, applies on a supplementary basis law No. 83 "Of the Prosecutor General of the Republic" and its rules of procedure.

Fifth: Military prosecutors, that entered into force this law are acting by election or appointment, are considered ratified in their posts and are kept in the exercise of their functions.

Sixth: The Prosecutor General of the Republic, on the proposal of the General Durango, head of the military prosecutor's Office, taking into account the considerations of the Minister of the revolutionary armed forces, dictates the rules of the present law within 180 days from its publication in the Official Gazette of the Republic.

Seventh: Repealing the law No. 1310 "Law of the military prosecutor's Office", 21 August 1976, and many legal provisions are opposed to compliance with provisions of this law, which comes into force on sixteenth day of the month of October 2006.

 

GIVEN in the Chamber of the National Assembly of the Popular power, Palacio de las Convenciones, in the city of Havana, on the tenth day of the month of June of two thousand six, "Year of the energy revolution in Cuba"