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The Military Courts Act

Original Language Title: Ley de los Tribunales Militares

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Law of the Military Courts



Document: Law of the Military Courts
Type of document: Law
Date of issue:
Number of Legal Instrument: 97
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 26/06/2016
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 People's Power, in the session of December 21, two thousand two, corresponding to the Tenth Regular Session of the Fifth Legislature, has approved the following:

AS REGARDS : The Constitution of the Republic of Cuba establishes that the Courts constitute a system of state organs with functional independence of any other and, therefore, the promulgation of Law No. 82 "of the People's Courts", of July 11, In the case of the Court of Justice, the Court of Justice has held that the Court of Justice has

AS REGARDS Decree-Law 215 of 22 December 2000 introduced far-reaching structural changes in the Law of the Military Courts, which make it advisable to draft a new law.

AS REGARDS : The experience gained through the application of Law No. 3 "Law of the Military Courts" of 8 August 1977, which perfected the organization and functioning of these organs within the single judicial system of the State, has put It is clear that it is appropriate to update it, in line with the development reached by the latter and the Ministries of the Revolutionary Armed Forces and the Interior.

FOR TANK : In use of the faculty granted to him by Article 75 (b) of the Constitution of the Republic, the National Assembly of People's Power has approved the following:

ACT NO. 97

LAW OF THE MILITARY COURTS

CHAPTER I

PRINCIPLES AND OBJECTIVES

ARTICLE 1. The Military Courts are part of the System of Courts of the Republic of Cuba and are governed by the provisions of the Constitution, in this Law, in criminal procedural law and in the other regulatory laws and regulations of the Republic of Cuba. their activity, in any situation in which the country is located.

ARTICLE 2. The judicial function in the armed institutions, which is divided by the people and is exercised in its name by:

  1. (a) the Military Chamber of the Supreme People's Court;
  2. (b) the Military Courts.

ARTICLE 3. The Military Courts in the exercise of their functions have, as far as they are concerned, the principles and objectives that the law establishes for all the courts of the system of which they are part and also have the specific objectives following:

  1. (a) to prevent and repress through their pronouncements in the acts of justice, any criminal act that affects or may affect the security of the State, the capacity and the combative disposition of the armed institutions, the military discipline or the order A regulatory framework for the enforcement of military service, as well as other violations of criminal law;
  2. b) comply with and enforce socialist legality and contribute to the education of the military in the strict observance of laws, regulations, provisions and military orders.

ARTICLE 4.1. The Directorate of Military Courts is the administrative organ of the Supreme People's Court to which the military and organizational leadership is responsible, as well as the control and inspection of the non-jurisdictional functions of the Courts. Military.

  1. Among the officers who provide the active military service and meet the requirements to be judges of the Supreme People's Court, a Vice President is chosen for that body, which is, at the same time, the Head of the Directorate of Military Courts, representing The Court of Justice of the Court of Justice of the European Court of Justice of the European Union
  1. The election of the Vice President of the Supreme People's Court, Head of the Directorate of Military Courts, and the order of his provisional replacement, will take place in accordance with the provisions of Law No. 82 "Of the People's Courts."
  1. The functions of the Directorate of Military Courts, not covered by paragraph 1 of this Article, are regulated by the Governing Council of the Supreme People's Court, on a joint proposal of its President and the Minister of State Revolutionary Armed Forces.

ARTICLE 5. The Military Courts, as established by the Constitution of the Republic for all courts:

  1. (a) operate in a collegial manner in the acts of imparting justice and are composed of professional judges and legal judges, with equal rights and duties;
  2. b) are composed of judges who, in their role of imparting justice, are independent and must not obey more than the law.

ARTICLE 6. The Military Courts are constituted without regard to the military grade of the accused. When they judge officers all judges will have such a condition.

ARTICLE 7. Military judges cannot be suspended or revoked, but in the cases that are recorded in this Law.

CHAPTER II

ORGANISATION AND OPERATION

SECTION FIRST

GENERAL PROVISIONS

ARTICLE 8.1. The Military Courts are structured as follows:

  1. (a) Territorial or equivalent military courts;
  2. (b) Military Courts of Region or equivalent.
  1. During exceptional situations, the Military Courts are organized and operated in accordance with the special legislation dictated to this effect.
  2. They are considered to be equivalent to the Territorial or Regional Military Courts, which, in the interest of the armed institutions, have equal competence as those, even if they exercise their jurisdiction over units or other military entities that they are not part, for the purposes of court, territory or territory.

ARTICLE 9.1. The Territorial and Regional Military Courts or their equivalents exercise their jurisdiction within the limits of their demarcation with respect to all areas belonging to, assigned to or representing the interests of the Ministries of the Armed Forces. Revolutionaries and the Interior, regardless of their subordination, as well as the persons subject to their jurisdiction in accordance with the provisions of criminal procedural law.

  1. They may also, exceptionally, be aware of criminal acts of the jurisdiction of the Military Courts committed outside their demarcation, where it is more appropriate for the purposes of the imparting of justice, in such cases as to in this respect establishes the relevant criminal procedural law.
  1. By way of derogation from paragraph 1 and in order to meet the needs of the military or judicial service, several Territorial Military Courts, of Region or their equivalents, may exercise their jurisdiction in the same demarcation.

ARTICLE 10. The Military Courts are constituted and exercise their functions in their respective offices, but when they consider it necessary for reasons of the service, they can do so in other facilities of their demarcation, the place where the facts occurred or where it is advisable, taking into account the interests of a proper delivery of justice.

ARTICLE 11. The Governing Council of the Supreme People's Court exercises the power of control and supervision of the judicial activity of the Military Courts, through the Military Chamber of the Supreme People's Court.

ARTICLE 12.1. The General Staff of the Revolutionary Armed Forces determines:

  1. (a) the number, demarcation, internal structure, establishment and headquarters of the Military Courts;
  2. (b) the number of legal judges to be elected to the Military Courts;
  3. (c) the creation and venue, permanent or temporary, by interests of the service, of sections of Military Courts with equal competence as the body to which they belong;
  4. (d) the number of professional judges and legal judges of the Military Chamber of the Supreme People's Court, having heard the judgment of the President of the Supreme Court.

ARTICLE 13. The military judges and the other officers, sub-officers, sergeants and soldiers serving in the Supreme People's Court and the Military Courts, belong to the active military service and are subject to the legal and regulations governing their compliance.

SECTION 2

TERRITORIAL OR EQUIVALENT MILITARY COURTS

ARTICLE 14.1. The territorial or equivalent military courts are composed of its President, Vice-President and other judges.

  1. These bodies have an Organization Section for administrative tasks.

ARTICLE 15. For the trials in the first instance, the Military Courts Territorial or equivalent are constituted with three professional judges, one of whom presides, and two legal judges, integration that they also adopt to know of the examinations in appeal and the special procedures for judicial and review inspection.

ARTICLE 16. It is up to the Territorial Military Courts or equivalent to know:

  1. (a) in the first instance, of the criminal proceedings in which offences are charged for which the law provides for the punishment of death, imprisonment for life, 20 years and more for temporary deprivation of liberty and those in which he appears as a defendant any officer who holds the rank of Colonel or his or her equivalent, or who, without holding it, holds a position corresponding to that grade or a higher one;
  2. (b) appeals and appeals brought against the judgments and decisions given by the Military Courts of the Region or the equivalent;
  3. (c) of the special procedures of the Judicial and Review Inspectorate promoted against judgments and final decisions rendered by the Military Courts of the Region or equivalent, which have not been examined in an appeal, or by any of the those special procedures;
  4. (d) in the first instance, of any cause whose knowledge corresponds to a Court of Region or subordinate equivalent, if it decides to claim it.

ARTICLE 17. They correspond to the Presidents of the Territorial Military Courts or equivalent, in addition to their jurisdictional duties, the following:

  1. (a) represent and direct the Military Tribunal in his capacity;
  2. (b) comply with and enforce existing legal standards and inform their hierarchical superiors of any transgression that is detected during the processing of criminal proceedings, taking the measures that they are responsible for in order to restore the legal order;
  3. c) examine and control the activity of the Military Courts in its territory and inform the Vice President of the Supreme People's Court, Chief of the Military Courts Directorate, about the significant aspects that arise from this activity;
  4. (d) to direct the military and the military to the Military Courts of its territory;
  5. (e) to request the presidents of the Military Courts of their territory to report on judicial activity;
  6. (f) to exercise the direction and control of the judicial statistics of its court and of the Military Courts of the Region or equivalent of its territory and to forward the resulting information to the Vice-President of the Supreme People's Court, Head of the Directorate of Military Courts, in the periods to be established;
  7. (g) to inform the Vice-President of the Supreme People's Court, Head of the Military Courts Directorate, of the state of the proceedings and the judicial work in the presiding tribunal and the Military Courts of the Region or equivalent of its territory;
  8. (h) to raise general consultations of the Tribunal presiding or of the Military Courts of Region or equivalent of its territory, to the Governing Council of the Supreme People's Court, through the Vice-President of the Supreme People's Court, Head of the Directorate of Military Courts;
  9. (i) ensure, in coordination with the military commanders, the process of electing the legal judges of their court and those of the Region or equivalent of their territory and check the performance of their duties once elected;
  10. (j) to coordinate, permanently, the organisation and operation of the courts to act during exceptional situations in their territory.

ARTICLE 18. The Vice-President of the Territorial Military Tribunal assumes the functions that the President delegates to him and replaces him in the cases of temporary absence or impediment.

SECTION III

MILITARY TRIBUNALS OF THE REGION OR EQUIVALENT

ARTICLE 19.1. The Military Courts of Region or equivalent are composed of its President and other judges.

2. -These organs are constituted by a professional judge, who presides him, and two legal judges.

ARTICLE 20. It is up to the Military Courts of Region or the equivalent, to know in the first instance of the criminal proceedings whose competence is not attributed to the Military Chamber of the Supreme People's Court or to the Territorial Military Courts or equivalents.

ARTICLE 21. It is for the Presidents of the Military Courts of the Region or equivalent, in addition to their jurisdictional duties, to:

  1. (a) represent and direct the court of office;
  2. (b) comply with and enforce existing laws and inform their hierarchical superiors of any transgression that is detected during the processing of criminal proceedings, taking the measures at their disposal to restore the legal order;
  3. (c) in correspondence with his request, inform the President of the Territorial Military Tribunal or the equivalent, on the status of the proceedings in the Military Tribunal which he presides;
  4. (d) to inform the President of the Territorial Military Tribunal or the equivalent of the judicial work performed by his court in the period in question;
  5. (e) to exercise the direction and control of the judicial statistics of the presiding court and to transfer it in a timely manner to the higher court;
  6. (f) ensure, in coordination with the military commanders, the process of electing the legal judges of the court and check the performance of their duties once they have been elected;
  7. (g) to raise general consultations with the Governing Council of the Supreme People's Court through the President of the Territorial Military Tribunal or equivalent;
  8. (h) to coordinate, permanently, the organisation and operation of the courts which will act during the exceptional situations in their demarcation.

CHAPTER III

JUDGES OF THE MILITARY COURTS

SECTION FIRST

REQUIREMENTS

ARTICLE 22.1. The judges of the Military Courts are chosen from among the military who provide active duty.

  1. In order to be elected a professional judge, it is also necessary to have the status of an officer of the Revolutionary Armed Forces, to maintain an exemplary attitude in the fulfillment of his military duties and to be able to exercise the right to a certificate issued or revalidated by an authorised official university or institution of the country.
  1. In order to be elected judge, it is necessary to maintain an exemplary attitude in the fulfillment of his military duties and to have at least the upper secondary education approved.
  1. In addition to the requirements set out in the above paragraphs, to be elected as a judge of a Territorial Military Court or equivalent, it is required:
  1. (a) in the case of professional judges who hold the post, not less than 5 years of experience as a judge at the level of the Region or equivalent;
  2. (b) not less than 5 years of the provision of the Active Military Service, in the case of legal judges.
  1. In order to be elected as a judge of a Military Court of Region or equivalent, you must be at least 8 years of age, in addition to the requirements laid down in paragraph 3 of this Article.

SECTION 2

ELECTION

ARTICLE 23.1. The State Council elects professional judges, holders and alternates, from the Military Courts on a joint proposal from the Minister of the Revolutionary Armed Forces and the President of the Supreme People's Court.

  1. The professional judges of the Military Courts are elected without a term of office and the alternates for a term of five years.
  1. Among the professional judges elected by the State Council, the Governing Council of the Supreme People's Court, on a proposal from the Ministry of the Revolutionary Armed Forces, appoints the Presidents and Vice-Presidents of the Courts. Territorial Military, Regions or their equivalents and assigns to the other professional judges elected to those courts.
  1. They may be elected as non-permanent alternate professional judges of the Military Courts, those active-duty military personnel who meet the requirements of Article 22.2 of this Law.

5.-Non-permanent alternate professional judges perform their judicial functions for no less than 30 days a year, according to plan drawn up by the Military Tribunal to which they are assigned, approved in conjunction with the military command to which belong.

ARTICLE 24.1. The legal judges of the Military Courts are elected for a period of five years, by means of a public vote, in Assembly of the military unit or institution to which they belong, among those proposed in the candidacy formed to the effect, which ensure the heads of military units and institutions at all levels, in coordination with the relevant military tribunals.

  1. The vacancies of the legal judges of the Military Courts are covered by the same procedure used for their choice.
  1. It is up to the Ministries of the Revolutionary Armed Forces and the Interior, to establish the complementary norms for the election of the legal judges among the members of their respective armed institutions.
  1. The legal judges elected in accordance with this Law are held as such in the relevant military court for a period of 60 days a year, according to plan drawn up by that body and approved as a whole with the military command of the elected.

SECTION III

SUSPENSION IN THE EXERCISE OF JUDICIAL FUNCTIONS

ARTICLE 25 (1) Military judges may be suspended in the exercise of their judicial functions, by the President of the Supreme People's Court, on the proposal of his Vice-President, Head of the Directorate of Military Courts, heard from the Ministry of the The Revolutionary Armed Forces or the Ministry of the Interior, as appropriate, in the following cases:

  1. (a) when they are subject to prior investigation by the Governing Council of the Supreme People's Court, or subject to criminal proceedings by the commission of crime while the latter is being processed. For this purpose it is understood as subject to process since it is initiated against it;
  2. (b) where the processing of his or her revocation is initiated, or after it has been initiated, and until it is decided by the constituent body;
  3. (c) when it is noted that it has lost any of the requirements to be eligible;
  4. (d) where there is any cause which constitutes an impediment or incompatibility for the exercise of the office.
  1. When a judge is suspended in his judicial duties, the President of the Supreme People's Court, through the Vice-President, Chief of the Military Courts Directorate, informs the military command where the election of that judge took place.

SECTION 4

TERMINATION OF THE JUDICIAL FUNCTIONS AND REVOCATION OF JUDGES

ARTICLE 26. Military judges cease in the exercise of their judicial functions, for the following reasons:

  1. (a) licensing of the active military service;
  2. (b) renunciation accepted by the body which elected them;
  3. (c) pass on to other tasks or missions;
  4. (d) the expiry of the term of choice, in the case of non-permanent and legal alternate professional judges;
  5. (e) physical or intellectual incapacity to continue carrying out the judicial function;
  6. (f) death;
  7. (g) revocation agreed by the body which elected them.

ARTICLE 27.1. The revocation of the professional judges of the Military Courts is carried out by the State Council, on its own initiative or on a joint proposal of the President of the Supreme People's Court and the Minister of the Revolutionary Armed Forces, by some of the following reasons:

  1. (a) engage in conduct incompatible with the status of a judge or a member of the armed institutions or seriously breach the functions inherent in his office;
  2. (b) for the loss of some of the conditions required for their choice;
  3. (c) incompetence in the performance of the judicial function;
  4. (d) negligence which causes or may cause serious harm to the delivery of justice.

2.-As regards the legal judges of the Military Courts, they will be revoked by the Military Assembly that elected them, on their own initiative or at the request of the Vice President of the Supreme People's Court, Chief of the Courts Directorate Military personnel, whose criterion is requested by the constituent body, if it receives the elements that may give rise to the revocation.

ARTICLE 28. The judge who ceases his duties, pursuant to Article 25 (1) (b) (c) and (d), continues to be aware of the proceedings for which the hearing or hearing has begun with his participation, if the President of the Court so decides. Supreme Popular, heard the opinion of its Vice President, Head of the Directorate of Military Courts

SECTION QUINTA

CRIMINAL LIABILITY

ARTICLE 29.1. Judges of the Military Courts in the exercise of their duties cannot be held, investigated, or demanded criminal responsibility, except in the case of a flagrant offence, without the consent of the Governing Council of the Supreme People's Court, heard the opinion of the Ministry of the Revolutionary Armed Forces. Criminal liability shall be enforceable before a court of immediate level superior to that in which it exercises its functions.

  1. The authority, body, agency, official or citizen, who knows or presumes the commission of criminal acts in which military judges are involved, is in the duty of communicating to the competent authorities who, abstaining from all They are immediately informed by the General Staff of the Revolutionary Armed Forces and the President of the Supreme People's Court.

SECTION 6

TECHNICAL AND DISCIPLINARY BOARD

ARTICLE 30.1. A Technical and Disciplinary Council, consisting of the President and Vice-President of the Tribunal and the Presidents of the Military Courts of the Region or equivalent of the Court of Justice, is constituted in the Territorial Military Courts. territory.

  1. It corresponds to the Technical and Disciplinary Council:
  1. (a) assist in raising the professional level of the work of the courts;
  2. b) know and analyze the state and progress of the judicial work of the territory;
  3. (c) to know of the faults which, during the performance of their judicial functions and outside the criminal proceedings, are committed by the judges of the Military Courts of the Region or equivalent of their territory;
  4. (d) the other responsibilities assigned to it by the Regulations of the Law of Military Courts.

ARTICLE 31. The non-procedural faults in which the members of the Technical and Disciplinary Council and the Judges of the Territorial Military Tribunal or equivalent are committed during the performance of their duties are known to the Governing Council of the Court of Justice. Supreme Popular, after authorization from the Ministry of the Revolutionary Armed Forces.

ARTICLE 32. The mistakes made by the military judges that are directly related to their military status will be corrected by means of the regulations of the armed institutions.

CHAPTER IV

ACCOUNTABILITY

ARTICLE 33.1. The Military Courts pay attention to the result of their work in the National Assembly of People's Power, through the President of the Supreme People's Court.

  1. Likewise, the Directorate of Military Courts and the Territorial Military Courts, or equivalent, pay attention to the outcome of their work, to the Military Councils of the Ministry of the Revolutionary Armed Forces and the Army. respectively.

CHAPTER V

SECRETARIES AND ADMINISTRATIVE AND AUXILIARY STAFF

SECTION FIRST

GENERAL ARRANGEMENT

ARTICLE 34.1. The Military Courts, for the performance of their duties, have judicial secretaries and administrative and auxiliary staff.

  1. The provisions of the provisions of this Article shall apply to the personnel referred to above and to the Military Chamber of the Military and the Directorate of Military Courts of the Supreme People's Court, which has the status of the Revolutionary Armed Forces. on labour law which is established for the civil workers of this body, in so far as they do not object to the specific regulations that the Governing Council of the Supreme People's Court agrees on in this respect, on a proposal from the President of the that body and the Minister of the Revolutionary Armed Forces.

SECTION 2

JUDICIAL SECRETARIES

ARTICLE 35.1. To be appointed Judicial Secretary of the Military Courts is required:

  1. (a) not less than 18 years of age;
  2. (b) possess the knowledge required for the performance of the position;
  3. (c) maintain exemplary conduct, both at work and in society, and enjoy public prestige.
  1. The Judicial Secretaries of the Military Courts, in addition to the above mentioned requirements, must be jurists or graduates of the upper middle level.

ARTICLE 36. It is the duty of the Judicial Secretaries:

  1. (a) auxiliary to the Military Courts;
  2. b) to faithfully extend and authorize with his signature the judicial decisions, in accordance with the Law;
  3. (c) issue certified copies or testimonies in the manner provided by the Law;
  4. (d) to safeguard and preserve the pieces of conviction, the causes, files and documents which are in charge;
  5. (e) comply with any other obligations imposed on them by laws, regulations, orders and other provisions.

SECTION III

ADMINISTRATIVE AND AUXILIARY STAFF

ARTICLE 37. The Governing Council of the Supreme People's Court, on a joint proposal of its President and the General Staff of the Revolutionary Armed Forces, regulates the corresponding workers ' auxiliary and administrative workers. military.

SECTION 4

AUXILIARIES FOR JUSTICE

ARTICLE 38.1. In order to act as the Justice Auxiliary of the Military Courts, sergeants, cabs and soldiers of the active military service can be appointed for specific periods.

  1. The General Staff of the Revolutionary Armed Forces establishes the requirements and designates such personnel.

SPECIAL ARRANGEMENT

UNICA: It is up to the Military Chamber of the Supreme People's Court to know:

  1. In the first instance, of the criminal proceedings initiated to military members belonging to the Revolutionary Armed Forces or the Ministry of the Interior; who have degrees of superior officer;
  1. Of the challenges and appeals brought against the judgments and decisions of the Territorial or equivalent Military Courts and those which are considered to be of their own motion in accordance with the provisions of the criminal procedural law.
  2. of the special procedures of the Judicial Inspection, promoted against judgments and final decisions rendered by the Military Courts Territorial or equivalent that have not been examined in an appeal;
  1. of the special procedures for review, against judgments and final decisions issued by the Territorial Military Courts or equivalent;
  2. in the first instance, of any cause the knowledge of which corresponds to a Territorial Military Court, a Region or its equivalent, if it decides to claim it.

FINAL PROVISIONS

FIRST : The material, technical and financial assurance of the Military Chamber of the Supreme People's Court, the Directorate of Military Courts of the Supreme People's Court and the Military Courts, as well as the security and protection of the military's facilities. The latter corresponds to the Ministry of the Revolutionary Armed Forces.

SECOND : The conduct of the Military Courts of those who are in custody or who comply with the sanction in Military or Disciplinary Units, is carried out with means of transportation and personnel of these. In the case of those who are admitted to prison facilities in the Ministry of the Interior, it will be the responsibility of the Interior Ministry.

THIRD: Any reference to the current Military Courts of Guarnition, in the current legislation or in other provisions or documents, is understood to be made, for all purposes, to the Military Courts of Region or equivalent.

FOURTH : In all that does not object to the provisions of this Law and its Rules of Procedure, Law No. 82 "of the People's Courts" and its Rules of Procedure are applied in an extra character.

QUINTA: Military professional judges who, upon entry into force of this law, are in office by election in accordance with the provisions of Law No. 3, "Law of the Military Courts, " are deemed to be re-elected in their positions, for all purposes. legal, without the term expiration of the term of the command.

SIXTH: The legal judges who upon entry into force of this law are in office in accordance with the provisions of Law No. 3, "Law of the Military Courts", are considered elected and are maintained in the exercise of their judicial functions by the the remainder of the term of office established by this Law.

SEVENTH : They can be chosen exceptionally as professional judges, attending to the needs or interests of the service, active officers of the armed institutions with relevant trajectory, who do not possess the status of jurists.

EIGHTH : The Governing Council of the Supreme People's Court, on a joint proposal of its President and the Minister of the Revolutionary Armed Forces, dictates the Rules of Procedure of this Law within 180 days, counted from its publication in the Gazette. Official of the Republic.

NINTH : The President of the Supreme People's Court and the Minister of the Revolutionary Armed Forces dictate, as far as each is concerned or jointly, how many provisions they deem necessary, for the most effective fulfillment of what is in the present Law is available.

DECIMA : Law No. 3 "Law of the Military Courts" is repealed, of 8 August 1977, Decree-Law No. 215 of December 22, 2000 and all other laws and regulations are contrary to the provisions of this Law that enter into force the thirty days of its publication in the Official Gazette of the Republic.

DADA In the Chamber of the National Assembly of the People's Power, the Convention Palace, in the city of Havana, at the twenty-one day of the month of December of the two thousand two. "Year of the Heroes Prisoners of the Empire."