The Military Courts Act

Original Language Title: Ley de los Tribunales Militares

Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-de-los-tribunales-militares-2

RICARDO QUESADA ALARCÓN: President of the Assembly national of the power people of the Republic of Cuba.

I do know: That the National Assembly of the Popular power, at the sitting of the 21st of December of two thousand two, corresponding to the tenth regular session of the fifth legislature, has approved the following: whereas: the Constitution of the Republic of Cuba establishes that the courts constitute a system of State bodies with functional independence of any other and , hence the promulgation of law No. 82 "From the courts popular", of July 11, 997, demand agree to it on what is relevant, relevant legislation referred to the military courts. 

Whereas: The Decree-Law 215, December 22, 2000, introduced important structural changes in the law of military courts, which recommended the elaboration of a new law.

As far as: The experience gained through the application of the law No.3 "Military tribunals law", of 8 August 1977, which perfected the Organization and functioning of such bodies within the State's unique judicial system, has questioned the convenience of updating, in correspondence with the development achieved by this and by the Ministry of the revolutionary armed forces and the Interior.

POR_TANTO: Use of the faculty which gives article 75 subparagraph (b)) of the Constitution of the Republic, the National Assembly of people's power has approved the following: law NO. 97. MILITARY COURTS ACT 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 in the Constitution, this law, criminal procedure law and in the other regulations and regulations of its activity, in any situation in which the country is.

ARTICLE 2. The jurisdictional function in the armed institutions, emanates from the people and is exercised on her behalf by: to) the military of the people's Supreme Court room;
(b) those courts military.
ARTICLE 3. The military courts in the exercise of their functions conform, insofar as it concerns them, to principles and objectives established by law for all courts of the system which are part and have, in addition, the following specific objectives: to) prevent and repress through its pronouncements in acts of Justice, all made criminal which affects or may affect the security of the State , the capacity and available combative of them institutions armed, it discipline military or the order regulatory established for the compliance of the service military, as well as them other infractions of the law criminal;
(b) comply with and enforce the socialist legality and contribute to the education of soldiers in the strict observance of laws, regulations, provisions and military orders.
ARTICLE 4.1. The direction of military courts is the administrative organ of the people's Supreme Court corresponding to carry out address military and organizational, as well as the control and inspection of non-jurisdictional functions of the military courts.
Among officers that provide active military service are eligible to be judges of the Supreme People's Court, is elected a Vice-Chairman for this organ which is, at the same time, Chief Executive of military courts, representing these and serves no jurisdictional room activities of the military of the Tribunal Supreme People's.
The election of the Vice-President of the Popular Supreme Court, head of the Directorate of military courts, and the order of his interim replacement, will take place in accordance with the provisions of the law No. 82 "From the popular courts".
Functions of the Directorate of military courts not covered by paragraph 1 of this article, are established by law by the Governing Council of the Tribunal Supreme Popular, a joint proposal of its Chairman and the Minister of the revolutionary armed forces.
ARTICLE 5. The military courts, as established in the Constitution of the Republic for all the courts: to) they operate collegiate in acts of Justice and are integrated by judges professionals and judges lay, with equal rights and duties;
(b) are composed of judges which, in its function of administering justice, are independent and do not owe obedience rather than the law.
ARTICLE 6. The military tribunals are constituted without taking into account the military grade of the accused. When judge officers all judges will have this condition.

ARTICLE 7. Military judges may not be suspended or revoked, but in cases that are set out in this law.

 

CHAPTER II ORGANIZATION AND FUNCTION FIRST SECTION PROVISIONS GENERAL ARTICLE 8.1. The military courts are structured as follows: to) military courts territorial or equivalent;
b) military courts of Region or equivalent.
During exceptional situations, the military courts are organized and operate in accordance with special legislation dictated to the effect.
They are considered as equivalent to the territorial military courts or Region, which for sake of the armed institutions have equal competition than those, even when they exercise their jurisdiction on units or other military entities that aren't included, for judicial purposes, of a territory or Region.
 

ARTICLE 9.1. The territorial military courts and Region or their equivalent exercised its jurisdiction within the limits of their demarcation regarding all areas belonging, assigned or that represent interests of the ministries of the revolutionary armed forces and the Interior, regardless of their subordination, as well as on persons subject to its jurisdiction in accordance with provisions in the criminal procedure law.
They can also meet, exceptionally, of criminal acts within the competence of the military courts committed outside its demarcation, when find it more convenient for the purposes of the delivery of Justice, adjusting to this respect provisions corresponding criminal procedure law in such cases.
However as provided in paragraph 1 and in accordance with the needs of the judicial, or military service in the same demarcation may exercise its jurisdiction several territorial military courts, Region or their equivalents.
ARTICLE 10. The military courts are constituted and exert their functions at their respective headquarters, but when they consider it necessary for reasons of service, can do so at other facilities in the district, of the place where they occurred the justiciable facts or where it is advisable, attending to the interests of a proper enforcement.

ARTICLE 11. The Governing Council of the Popular Supreme Court exercises the power of control and supervision of the judicial activity of the military courts, through the Hall of the military of the people's Supreme Court.

 

ARTICLE 12.1. Determines the State major General of the revolutionary armed forces: to) the number, demarcation, internal structure, staff and headquarters of the military courts;
(b) the number of judges lay that have of being chosen for the courts military;
(c) the creation and headquarters, permanently or temporarily, by the interests of the service, of sections of military courts with equal competence that the body to which they belong;
(d) the number of judges professionals and judges lay in the room of the military of the people's Supreme Court, heard the approach of the President of the Tribunal.
ARTICLE 13. Military judges and the rest of the officers, sub-officials, sergeants, and soldiers serving in the Supreme People's Court and the military courts, belong to active military service and are subject to the legal and regulatory provisions governing compliance.

 

SECOND SECTION TERRITORIAL MILITARY COURTS OR EQUIVALENT ARTICLE 14.1. Territorial or equivalent military courts are integrated by its President, Vice-President and other judges.
These bodies have a section of Organization for administrative tasks.
ARTICLE 15. For trials at first instance, the territorial military courts or equivalent they are with three professional judges, one of whom chairs it, and two lay judges, integration also adopted for examinations in cassation and the special procedures of Judicial Inspection and review.

 

ARTICLE 16. Corresponds to the territorial military courts or equivalent see: to) in the first instance, the criminal proceedings in which are imputed offences for which the law establishes penalties of death, life imprisonment, 20 years and more than temporary deprivation of liberty and those that appear as defendant any officer who holds the rank of Colonel or its equivalent , or which, without flaunting it, occupies a fee that corresponds to this degree by template or one upper;
(b) of the resources and challenges filed in cassation against sentences and a judgment given by the military courts of Region or equivalent;
(c) of the special procedures of Judicial Inspection and review promoted against sentences and firm decisions handed down by the military courts of the Region or equivalent, which have not been examined in cassation, nor by any of these special procedures;
(d) in the first instance, from any cause whose knowledge corresponds to a Region Court or subordinate equivalent, if you choose to claim it.
 


ARTICLE 17. They correspond to the Presidents of territorial or equivalent military tribunals in addition to their judicial functions, the following: a) represent and direct the military court in charge;
(b) comply with and enforce current legal standards, and inform their superiors of any transgression that is detected during criminal proceedings, taking measures which them to restore legal order;
(c) examine and control the activity of the military courts of their territory and reporting to the Vice-President of the Popular Supreme Court, head of the Directorate of military courts, the significant aspects arising from this activity;
(d) direct military and administratively to the military courts in their territory;
(e) request the Chairmen of the military courts of the territory concerning judicial activity reports;
(f) exercising direction and control of the development of judicial statistics of his court and the military court of Region or equivalent of its territory and send the resulting information to the Vice-President of the Popular Supreme Court, head of the Directorate of military courts, in the periods to be established;
(g) report to the Vice-President of the Popular Supreme Court, Chief of the military courts address, the State of processes and judicial work in the Court which presides and in the military courts of Region or equivalent of its territory;
(h) raise queries character general of the Court, who presides over or the military courts of Region or equivalent from its territory, to the Governing Council the Court Supreme Popular, through the Vice-President of the Popular Supreme Court, head of the Directorate of military courts;
(i) ensure, in coordination with the military command, the process of election of judges equivalent of its territory or lay of his court and the Region and check the fulfillment of its functions once elected;
(j) coordinate, permanently, the Organization and functioning of courts that will act during exceptional situations on their territory.
ARTICLE 18. The Vice-President of the Territorial military court assumes the functions that the President delegate to it and replaces it in cases of temporary absence or impediment.

 

SECTION THREE COURTS MILITARY REGION OR EQUIVALENT ARTICLE 19(1). The military tribunals of Region or equivalent are integrated by the President and other judges.

2. such bodies are constituted with a professional judge, who presides over it, and two lay judges.

ARTICLE 20. It corresponds to the military courts of Region or equivalent, meet in the first instance of criminal proceedings whose competence is attributed to the room of the military of the people's Supreme Court or the territorial or equivalent military courts.

ARTICLE 21. Corresponds to the Presidents of courts military in Region or equivalent, in addition to their judicial functions, as follows: to) represent and direct the Court to their charge;
(b) comply with and enforce current legal standards, and inform their superiors of any transgression that is detected during criminal proceedings, taking measures at its disposal to restore legal order;
(c) in accordance with its request, inform the President of the military court Territorial or equivalent, on the State of the judicial proceedings pending in the military court, who presides;
(d) report to the President of the Military Tribunal Territorial or equivalent, on the judicial work carried out by the Court in the period concerned;
(e) exercise the address and the control of the statistics judicial of the Court that presides over and transmit it promptly to the Court superior;
(f) ensure, in coordination with the military command, the choice of the lay judges of the court process and check the fulfillment of its functions once elected;
(g) raise questions of character general to the Council of Government of the Court Supreme Popular by duct of the President of the Court military Territorial or equivalent;
(h) coordinate, permanently, the Organization and functioning of courts acting during exceptional situations in its demarcation.
 

CHAPTER III COURTS JUDGES MILITARY FIRST SECTION REQUIREMENTS ARTICLE 22.1. The judges of the military courts are elected from among the military that they serve active.
To be elected a professional judge is required, in addition, have the status of official of the revolutionary armed forces, maintain an exemplary attitude in the performance of their military duties and be able to exercise the right by title issued or revalidated by a university or official authorized institution of the country.
To be elected judge lego is required to maintain an exemplary attitude in the performance of military duties and have approved, as a minimum, upper middle education.
Besides the requirements established in the previous sections, to be elected a Territorial or equivalent military court judge, is required: to) in the case of the titular professional judges, not less than 5 years of experience as a judge of Region or equivalent level;
(b) not less than 5 years for the provision of military active duty, in the case of the lay judges.
To be elected judge lego a military Tribunal of Region or equivalent, should be l8 years old, as a minimum, in addition to the requirements set out in paragraph 3 of this article.
 

SECOND SECTION ARTICLE 23.1. The Council of State appoints the professional, titular and alternate judges of the military courts on the joint proposal of the Minister of the revolutionary armed forces and the President of the Popular Supreme Court.
Regular professional judges of the military courts are elected without subject to term of mandate and deputies for a term of five years.
Among the professional judges elected by the Council of State, the Governing Council of the Tribunal Supreme People, on the proposal of the Ministry of the revolutionary armed forces, appoints the Presidents and Vice-Presidents of the courts military territorial, of regions or their equivalents and assigned to other elected professional judges for these courts.
They cannot be elected as non-permanent alternate professional judges of the military courts, those active duty military who meet the requirements of article 22.2 of this law.
 

5 non-permanent alternate professional judges perform their judicial duties for not less than 30 days a year, according to the plan drawn up by the military court to which they are assigned, approved in conjunction with the military command to which they belong.

ARTICLE 24.1. The lay judges of the military courts are elected for a period of five years, by public vote in Assembly of the unit or military institution to which they belong, from among those proposed in the composed of candidacy to the effect, that guarantee the heads of units and military institutions at all levels, in coordination with appropriate military tribunals.
Vacancies of the lay judges of the military courts are using the same procedure used for your choice.
Corresponds to the Ministry of the revolutionary armed forces and the Interior, the supplementary rules for the choice of the lay judges from among the members of their respective armed institutions.
Lay judges elected in accordance with this law, work as such in the corresponding military court, for a period of 60 days a year, according to the plan drawn up by the Court and approved in conjunction with the military command of the chosen.
 

THIRD SECTION 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 Popular Supreme's Court, a proposal from his Vice President, head of the Directorate of military courts, hearing the opinion of the Ministry of the revolutionary armed forces and the Ministry of the Interior, as appropriate, in the following cases: to) when they are subjected to investigation by the Governing Council of the Popular Supreme Court , or subject to criminal prosecution for the Commission of crime as one to be treated. For these purposes means subject to process since it was started against him;
(b) when it starts processing its revocation or after, and until this is decided by the elector body;
(c) when be warned that it has lost any of the requirements to be eligible;
(d) where there is any cause constituting impediment or incompatibility for the exercise of office.
When suspended in their judicial functions to a lego judge, the President of the Popular Supreme's Court, through the Vice President, Chief Executive of military courts, advises the military command where the judge election took place.
 

FOURTH SECTION CESSATION OF JUDICIAL FUNCTIONS AND REVOCATION OF JUDGES ARTICLE 26. Military judges cease in the exercise of their judicial functions, for the following reasons: to) licensing of active military service;
b) resignation accepted by the body that elected them;
(c) move to fulfil other tasks or missions;
(d) expiry of the term of election, in the case of non-permanent and lay alternate professional judges;
(e) physical or intellectual disability to continue the judicial function;
(f) death;
(g) revocation by the body that elected them.

ARTICLE 27.1. The revocation of the professional judges of the military courts is carried out by the Council of State, on its own initiative or on a joint proposal from the Popular Supreme Court President and the Minister of the revolutionary armed forces, by some of the following reasons: to) engage in conduct incompatible with the position of judge or member of the armed institutions or seriously breach the functions inherent in his position;
(b) for loss of some of the requirements for your choice;
(c) incompetence in the performance of the judicial function;
(d) neglect that causes or could cause serious prejudice to the delivery of Justice.
2. in regard to the lay judges of the military courts they will be revoked by the military Assembly that elected them, on its own initiative or at the request of the Vice-Chairman of the Popular Supreme Court, head of the Directorate of military courts, whose criteria requested organ elector, if it receives by other elements that may lead to the revocation.

ARTICLE 28. The judge who cease their duties, pursuant to the provisions of article 25, paragraph 1, subparagraph b) c) and (d)), continues knowing processes whose sight or oral proceedings were commenced with their participation, if so decided by the President of the Supreme Court people, heard the opinion of its Vice-President, Chief Executive of courts military section fifth criminal responsibility article 29.1. The judges of the military courts in the exercise of their functions is stop, investigate cannot require criminal liability, except in cases of flagrante delicto, without the consent of the Governing Council of the Tribunal Supreme People, heard the opinion of the Ministry of the revolutionary armed forces. Criminal responsibility shall be enforceable court of immediate top-level one where exercised their functions.
The authority, body, body, official or citizen, who know or presume the Commission of criminal acts in which they appear involved military judges, is on duty to communicate it to the competent authorities who, to refrain from any action, report it immediately to the State major General of the revolutionary armed forces and this to the President of the Popular Supreme Court.
 

SIXTH SECTION TECHNICAL COUNCIL AND DISCIPLINARIO-JUDICIAL ARTICLE 30.1. Territorial or equivalent military tribunals is a technical Council and Disciplinario-judicial, composed of the President and Vice-President of the tribunal and the Presidents of the Region military courts or equivalent of the territory.
Corresponds to the technical Council and Disciplinario-judicial: to) contribute to the elevation of the professional level of the work of the courts;
(b) to understand and analyze the status and operation of the judicial work of the territory;
(c) knowing of faults during the performance of their judicial duties and outside criminal proceedings commit the judges of the military courts of Region or equivalent of its territory;
(d) other responsibilities assigned to it by the regulation of the law of military courts.
ARTICLE 31. No procedural failures incurred during the performance of their duties the members of the technical Council and Disciplinario-judicial and the judges of the Military Tribunal Territorial or equivalent, are known by the Governing Council of the Tribunal Supreme People, prior authorization from the Ministry of the revolutionary armed forces.

ARTICLE 32. The faults committed military judges who are directly related with their military status, will be corrected through provisions in the regulations of the armed institutions.

 

CHAPTER IV ACCOUNTABILITY ARTICLE 33.1. The military courts pay account of the result of its work to the National Assembly of the Popular power, through the President of the Popular Supreme Court.
Similarly, the direction of military courts and military tribunals territorial or equivalent yield account of the outcome of its work, the tips military from the Ministry of the revolutionary armed forces and the armies respectively.
 

CHAPTER V SECRETARIES AND ADMINISTRATIVE STAFF AND AUXILIARY SECTION FIRST AVAILABLE GENERAL ARTICLE 34.1. The military courts, for the performance of their duties, have court clerks and administrative and auxiliary staff.
The staff mentioned above and the belonging to the Hall of the military and the direction of military courts of the Supreme People's Court who holds the status of civil of the revolutionary armed forces, will you apply provisions on labour law laid down for civilian workers of this organism, where it is not contrary to specific regulations that this respect agrees the Government Council of the Popular Supreme Court , on the proposal of the President of the Court and the Minister of the revolutionary armed forces.
 

SECTION TWO COURT CLERKS ARTICLE 35.1. To be appointed Judicial Secretary of the military courts is required: to) have not less than 18 years of age;
(b) possess the skills required for the performance of the office;
(c) maintain exemplary, both labour and social behaviour, and enjoy public prestige.
The judicial secretaries of the military courts, in addition to the requirements set out above, must be lawyers or graduates of the upper level.
ARTICLE 36. Obligation of the court clerks is: to) Assistant to the military courts;
(b) extend faithfully and authorize with your signature judicial decisions, in accordance with the law;
(c) issuing certified copies or testimonials in the form provided by law;
(d) to safeguard and conserve parts of conviction, causes, records and documents that are in charge;
(e) comply with the other obligations that impose laws, regulations, orders and other provisions.
 

THIRD SECTION ADMINISTRATIVE STAFF AND AUXILIARY ARTICLE 37. The Governing Council of the Tribunal Supreme Popular, a joint proposal of its Chairman and the State major General of the revolutionary armed forces, regulates the corresponding auxiliary and administrative workers from military courts.

 

SECTION FOUR AUXILIARY OF JUSTICE ARTICLE 38.1. To act as auxiliary of Justice of military courts, they can designate sergeants, corporals and soldiers of the service military active, for certain periods.
The State major General of the revolutionary armed forces establishes the requirements and appoint such personnel.
 

ONLY special provision: Corresponds to the military of the people's Supreme Court room know: in the first instance of criminal proceedings initiated military belonging to the revolutionary armed forces or the Ministry of the Interior; It holds grades of senior officer;
Of the legal challenges filed in cassation against sentences and rulings of the territorial military courts or equivalent and resources which are considered filed ex officio in accordance with provisions in this regard, the criminal procedure law.
Special Judicial Inspection procedures, promoted against sentences and dictated by the territorial military courts or equivalent firm resolutions which have not been examined in cassation;
of the special procedures of review against sentences and firm resolutions dictated by the territorial military courts or equivalent;
in the first instance, from any cause whose knowledge corresponds to a Tribunal Militar Territorial, Region or its equivalent, if you choose to claim it.
 

PROVISIONS to end first: The material, technical and financial assurance of the room of the military of the Popular Supreme Court, of the Directorate of military courts that authority and the military courts, as well as the safety and protection of the installations of the latter, corresponds to the Ministry of the revolutionary armed forces.

Second: the driving to them courts military of who saved prison preventive or meet sanction in units military or disciplinary, is takes to Cape with means of transport and personal of these. In the case of which is are interned in establishments prison of the Ministry of the Interior, will be responsibility of these.

Third: all reference that in the legislation existing or in others provisions or documents, is make to the current courts military of Garrison, is understands made, to all their effects, to them courts military of Region or equivalent.

Fourth: In everything that does not object to the provisions of this law and its regulations, applies on a supplementary basis law No. 82 "From the popular courts" and its rules of procedure.

Fifth: The military professional judges that entered into force this law are acting by election in accordance with the provisions of the Act No.3, "Military courts act", are considered re-elected in their charges, for all legal purposes, not subject to expiration of term.

Sixth: Lay judges that entered into force this law are acting in accordance with the provisions of law No. 3, "Military courts act", are considered elected and are held in the exercise of their judicial functions for the remainder of the term of the mandate which is established by this law.

Seventh: can be elected exceptionally as judges professional, attending to the needs or interests of the service, official in Active of them institutions armed with relevant career, that not have the condition of Jurists.


EIGHTH: The Governing Council of the Tribunal Supreme Popular, a joint proposal of its Chairman and the Minister of the revolutionary armed forces, dictates the rules of this law within 180 days from its publication in the Official Gazette of the Republic.

NINTH: The Popular Supreme Court President and the Minister of the revolutionary armed forces dictate, in which each concern or together, many provisions deemed necessary, for the more effective fulfilment of what this law is available.

Tenth: Repealing the law No.3 "Law of military courts", on August 8, 1977, the No.215 Decree-Law of 22 December 2000 and many other laws and regulatory provisions is contrary to the provisions of this Act which enters into force on the thirtieth day of its publication in the Official Gazette of the Republic.

 

GIVEN, in the Chamber of the National Assembly of the Popular power, Palacio de las Convenciones, in the city of Havana, at twenty-one days of December of two thousand two. "Year of the Heroes prisoners of the Empire".