Law Against Acts Of Terrorism

Original Language Title: Ley contra actos de terrorismo

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Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-contra-actos-de-terrorismo

RICARDO ALARCÓN DE QUESADA, 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 meeting held on December 20, 2001, corresponding to the eighth ordinary period of sessions of the fifth legislature, has approved the following: Foundation this law is based on profound ethical and political convictions that have always inspired the Cuban revolution and constitutes an express manifestation of our determination to reject and condemn specific legal measures, methods and practices of terrorism.

The Cuban people have, moreover, unquestionable moral authority to do so by being the victim of such crimes during more than forty years and because, despite the high cost that meant you the death and injury of thousands of children, as well as moral damages and materials of enormous significance that has suffered, has faced them at all times with legitimate resources and not through war , which, by their nature and results, is also a form of terrorism which strongly repudiates.

At the same time helps to give effect to the provisions contained in international instruments recognized by the United Nations as conventions in the fight against terrorism, of which our country is a party and which which include recently, were ratified in extraordinary session by the National Assembly of people's power.

The law includes two titles, ten chapters, twenty-eight articles, a special provision and three final provisions.

The text does not define terrorism absolutely, but yes expresses its general characteristics and, in particular, different acts that typify this criminal activity.  To that effect they have served basement accuracies laying down, for different manifestations of terrorism, conventions and international agreements before referring, as well as include some figures contained in the Penal Code currently in force in our country, which, by its nature and specific characteristics, has proved necessary to reaffirm its character of acts of terrorism, to the value of such a nature defined in those instruments and in the interest of avoiding duplication of similar legislation.

Gives special attention to the various forms of realization of this activity and within it to those related to chemical or biological agents, which in recent times are of special interest in the international community and which have been employed against Cuba on several occasions for years and causing losses of human life and considerable material damage to our town.

The general provisions also include some rules, that imperative of our criminal law substantive, it is necessary to enter in specific criminal figures, so they have virtuality or application, such as for example, those referring to the punishment of preparatory acts and the imposition of the accessory penalty of confiscation of goods.

Also it is important standard that sets the preventive attachment or freezing of funds and other financial assets or assets or economic resources of the defendants, regardless of their level of participation in the punishable; and of persons and entities acting on behalf of the defendants and entities under its control.

Complementarity is given in this Act to the General part of the Penal Code and the law of military crimes, avoiding repeat numerous provisions, and the laws of criminal procedure and procedural Penal military, given the special character of the present legislation, reaffirm clearly the procedural rules that govern its application.

As issues mean, are the rules on efficiency in space, to establish, for the purposes of their punishment, that the facts to which the Act applies are considered committed in Cuban territory both if the culprit in this preparatory acts or execution, although effects have occurred abroad, as if they are carried out on foreign soil and their effects are produced in Cuba. Also recognizing the value of firm punitive judgments issued by foreign courts, to the effects that the Cuban courts may appreciate recidivism and the multirreincidencia.

It is the only special provision, which instructs the Government to sign agreements and conventions with States willing to promote international cooperation in different and substantial aspects, in the struggle to prevent, Suppress and eradicate terrorism.

To set the penalties for each crime have been carefully observed aspects: respect, as far as possible, the sanction scales laid down in the criminal code, and not to create others different, be unnecessary and may create inconsistencies between offences of similar gravity in both legal texts;
the penalties of greater rigour to the criminal cases of very serious outcomes (death, serious injury and damage of considerable importance or significance) in the text are used expressions taken from the mentioned international instruments which have served as a basis, by which article 4 thus establishes it, and not be obliged to reproduce them fully in the body of the law What would inconvenience by its extension; instead outlined in annexes.

Other expressions that appear in the text not specified in its significance and scope in the international instruments referred to in it, are subject to what is determined in the corresponding legislation in force in our country.

The adoption of the law against acts of terrorism at this very moment, also responds to the current situation in the world and means another important step, of a legal nature, in the battle of ideas in which the Cuban people is engaged.

Whereas: The Cuban people has been victim of numerous acts of terrorism that have caused serious damage human and moral injury and property damage for more than forty years.

FOR: Cuba bases its protection against terrorist acts on its defense system based on the invaluable participation and support of all the people, and has essential premise the prevention of such acts, in order to prevent their harmful consequences, both within our territory and anywhere in the world.

AS: The international community, through different legal instruments which the Cuban State is a party, has agreed to link their efforts for the sake of a confrontation more coordinated and effective to the different ways in which terrorism is manifested.

AS: The Assembly national of the people's power, on behalf of the people of Cuba: rejects and condemns the acts, methods and practices of terrorism as criminal and unjustifiable, wherever and whoever committed them, and whatever their motivations, including those who are endangering the relations between States and peoples and threaten and threaten the territorial integrity, peace and the security of States. Terrorism is a dangerous and ethically indefensible phenomenon which must be eradicated.
It reaffirms its unwavering decision to never allow the territory of the Cuban State to be used to organize, instigate, support or execute terrorist actions and firm willingness to cooperate reciprocally with all countries to prevent and suppress acts of terrorism.
Firmly holding its decision not to allow entry to the national territory of individuals who, under the laws of our country, qualify as terrorists.
It repudiates war as a method of confrontation and fights against terrorism, considering that its aftermath of death and destruction, rather than focusing on the terrorists themselves, affect mainly innocent and defenseless people, whose living conditions compounded by the destruction of its economic and social infrastructure. War explores the causes and conditions that generate terrorism.
It reaffirms its decision to continue its struggle for peace, and its purpose that the friendship and cooperation between all States, peoples and civilizations, framed in respect for the principles of sovereignty and independence and the rules of international law, are the basis to unite efforts and enhance cooperation of all countries in their fight against terrorism.
Acknowledged in the General Assembly of the Organization of United Nations, its bodies and international instruments in this field, the right field to coordinate, combine, and direct the efforts of the international community in order to confront and combat terrorism anywhere and forms in which it occurs.
POR_TANTO: In exercise of the powers which granted subparagraph (b)) of article 75 of the Constitution of the Republic of Cuba, the National Assembly of the Popular power, approves the following: law NO. 93 law against acts of terrorism title I General article 1.1: this law is intended to provide for and punish the acts described in its articles showing the specific purpose provoke States of alarm, fear or terror in the population, by putting in imminent danger or affect the life or physical or mental people's integrity by way of execution, means and methods, material goods of significant consideration or importance, international peace or the security of the Cuban State.

The facts referred to in the paragraph above, for the purposes of their punishment, are considered committed in Cuban territory both if the culprit made the acts preparatory or execution, although effects have occurred abroad, as if those acts are carried out on foreign soil and their effects are produced in Cuba.
Article 2: The provisions laid down in the General part of the Penal Code and the law of military offences, in the laws of criminal procedure and the Military Penal Procedure, as appropriate, are applicable to regulated in this law.

Article 3: The offences envisaged in this law are punished independently of those defined in the criminal code or, where appropriate, in the law of military offences and which are committed for their implementation or on the occasion of her.

Article 4: for the determination of the content and scope of conceptual expressions which are set out in the text of this Act, govern the caveats that are formulated in the treaties and international conventions on the subject, in this respect that the Cuban State is party; such as: explosives, internationally protected person, aircraft in flight, ship, aircraft in service, public or Government installation, installation of infrastructure, explosive or other lethal device, military forces of a State, place of public use, public transport, fixed platform and funds network. These expressions are defined in annexes to this law.

Article 5: In the offences envisaged in this law, are punished both preparatory, as the attempts and consummated acts acts. Is also punishable, in accordance with the rules laid down in the criminal code for preparatory acts, that: having resolved to commit any of the offences envisaged in this law, proposes to one or more other persons to their participation in the implementation of the same;
you make with one or more persons for the execution of some of the crimes provided for in this law, and resolve to commit them;
incites or induces another or others, in Word, in writing or in any other form, publicly or privately, to run some of the offences envisaged in this law. If the incitement or inducement was followed by the Commission of the offence, which causes it is punished as the perpetrator of the offence committed.
ARTICLE 6. In the crimes to which this Act applies, the Court can reduce the expected sanction, in its lower limit, even in two-thirds, or exceptionally declare the exemption from criminal responsibility, when: the accused has voluntarily abandoned their criminal activities and present the authorities confessing the facts that has participated;
the abandonment by the guilty of their criminal links, would have avoided or substantially decreased a hazardous situation, prevented the production of harmful or coadyuvado result effectively obtain evidence crucial to identification or capture of other suspected culprits or to clarify the facts.
ARTICLE 7. 1.: the penalty imposed by a final judgment rendered by a foreign court, may be taken into account by the Cuban courts, effects of appreciating the recidivism or, where appropriate, the multirreincidencia, as the accused for offences provided for in this law.

Article 7.2.: the judgment referred to in the previous paragraph, must be accredited in accordance with what in this regard is governed by the Ministry of Justice.

Article 8: The Instructor, the Prosecutor or the Court, according to the procedure in which a process followed by any of the offences referred to in this law, available immediately, is the preventive seizure or freezing of funds and other financial assets, or assets or economic resources of the defendants, regardless of their level of participation in the punishable; and of persons and entities acting on behalf of defendants and entities under its orders, including funds obtained or derived from property owned or under the control, direct or indirect of the defendants and of persons and entities associated with them.

Article 9: in the offences envisaged in this law, the Court available as accessory sanction the confiscation of the property of the sanctioned, in accordance with the provisions of article 44 of the criminal code.

 

Title II of the acts of terrorism chapter I acts committed with ARTIFACT explosive or deadly, agents chemical or biological or other means or substances article 10: which manufacture, provide, sell, carrying forward, enter in the country or in its possession, in any form or place, arms, ammunition or materials, substances or instruments, flammable, asphyxiating, toxic, explosive, plastic or any other kind or nature or chemical or biological agents , or any other element whose research, design or combination products of the nature described, or any other similar substance or explosive or deadly, artifact may arise incur punishment of ten to thirty years imprisonment, life imprisonment or death.

Article 11: Equal penalty incurred which delivers, post, throws, disseminates, detonates or uses any other form, an explosive or deadly, artifact or other means or substance described in article 10, against: a place of public use;
a public or Government; installation
a network of public transportation or any of its components;
an infrastructure facility;
crops, forests, pastures, cattle or poultry;
camps, tanks, weapons, buildings or military units in general.
Article 12.1.: which, adulterate food or other products destined for human consumption, in a way that could cause death or harm the health of persons, or substances incur punishment of deprivation of liberty from ten to twenty years.

Article 12.2.: If as a result of the events described in the previous section will cause serious injury or death of any person, the penalty is ten to thirty years imprisonment, life imprisonment or death.

Article 13(1).:, run an act against the life, physical integrity, freedom or safety of any person that enjoy relevant recognition in society, or against their closest relatives, incurs a sanction of imprisonment of ten to thirty years, the nature of the activities carried life imprisonment or death.

Article 13.2.: If the executed event is directed to destroy or significantly damage the assets available to the persons referred to in the preceding paragraph, the penalty is imprisonment of four to ten years.

 

CHAPTER II ARTICLE 14 HOSTAGE-TAKING. 1 that, you taking possession of another person, or hold it against their will, and threatens to kill, hurt or keep it on hold, in order to compel a State, an intergovernmental organization, a natural or legal person or a group of people, to an act or omission, as explicitly or implicitly, condition for the release of the hostage, incurs penalties of deprivation of liberty from ten to twenty years.

Article 14.2.: If as result of the events described in the previous section occurs the death or serious injury of one or more persons or achieved the condition required for the release of the hostage, the penalty is ten to thirty years imprisonment, life imprisonment or death.

 

CHAPTER III ACTS AGAINST INTERNATIONALLY PROTECTED ARTICLE 15. 1 which, perform an act against life, physical integrity, freedom or safety of an internationally protected person, or a family member that is part of your home, the penalty is imprisonment of ten to thirty years, life imprisonment or death.

Article 15.2.: incur penalties of four to ten years of deprivation of liberty which perform any act against the official premises, the private residence or transport of internationally protected person and that might endanger his life, physical integrity, freedom or security.

 

CHAPTER IV ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION ARTICLE 16. 1. the penalty is ten to thirty years of deprivation of liberty for which: seizes a vessel or exercises control through violence, threat of violence or any other form of intimidation;
perform any act of violence against a person who is on board a ship if that act likely to endanger the safe navigation of that ship;
destroys a ship or causes damage to a ship or its cargo which endanger navigation;
destroys or important or significant damage in maritime navigation facilities or seriously interferes with their operation, if any of such acts likely to endanger the safe navigation of the ship;
disseminate information knowing that it is false, thus endangering the safe navigation of the ship.
Article 16.2.: If in relation to the execution of any of the acts before statements will cause serious injury or the death of one or more persons the punishment is imprisonment of fifteen to thirty years, life imprisonment or death.

 

CHAPTER V ACTS AGAINST THE SAFETY OF CIVIL AVIATION AND AIRPORTS.

Article 17: Incur punishment of imprisonment of ten to thirty years, which, on board an aircraft in flight, using violence, threat of violence or any other unlawful act is taking possession of the aircraft or exercises control or endangers the safety of the same.


Article 18: Same penalty incurred, place or may endanger the safety of an airport to the: run an act of violence or intimidation against a person;
destroy or damage of consideration in their facilities, or in an aircraft that is not in service and is located at the airport, or disrupt in any way the services provided there.
Article 19: In the same way sanctions which place or may endanger the safety of an aircraft to the: perform against a person on board an aircraft in flight acts of violence or intimidation;
destroy an aircraft in service or cause you harm that you disable it for the flight or that, by its very nature, constitutes a danger to the safety of the aircraft in flight;
destroy or damage plants or the air navigation facilities or disturb its operation, if such acts, by their nature, constitute a danger to the safety of aircraft in flight;
communicate knowingly false reports, endangering thereby the safety of an aircraft in flight.
Article 20: If as result of the facts provided for in articles 17, 18 and 19 will cause serious injury or death of one or more persons the punishment is imprisonment of fifteen to thirty years, life imprisonment or death.

 

Chapter VI other acts that are an attack against air safety and maritime article 21: Incurs a sanction of imprisonment of ten to thirty years, life imprisonment or death, that: using a vessel or aircraft, artillada or not, commit acts of violence or threat of violence or any other form of intimidation and hostility against another vessel or aircraft for the purpose of : take control of the ship or aircraft, or the goods on board;
damage or destroy the ship or the aircraft, divert it from its path, or prevent your circulation or normal activities;
take hostage, injure or kill crew or passengers.
Use a ship or aircraft to engage, in any form, terrestrial, aerial or maritime targets.
Place or have placed on ship or aircraft, by any means, a device or substance capable of destroying such vessel or aircraft or cause damage to disable it or that, by their nature, they constitute a threat to its security.
Without proper authorization or in breach of the provisions in force concerning tripule or travel on ships or aircraft, by the Cuban territorial sea or air space.
Carrying weapons, enters the Cuban sea or air territory, on vessels or aircraft not artilladas, in order to perform any of the acts described in the preceding paragraphs.
ARTICLE 22. 1.: make same penalty provided for in the foregoing article who, voluntarily, delivers a vessel or aircraft for the purpose or knowing that will be used in the performance of acts that are described in the article above.

ARTICLE 22. 2.:, tripule a ship or aircraft to commit any of the acts that are set out in this chapter, will be prosecuted for all the crimes committed with that vessel or aircraft.

 

CHAPTER VII ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL OR INSULAR SHELF ARTICLE 23. 1: Incur punishment of imprisonment of ten to thirty years that: a fixed platform seizes or exercises control of it, any form of intimidation or violence;
exercising any form of intimidation or violence against a person who is on Board of a fixed platform, if such an act likely to endanger the safety of this;
place or causes to be placed on a fixed platform, by any means, an artifact or a substance that can destroy or endanger its safety.
Article 23.2.: If as result of the acts described above, causes the destruction of a fixed platform is cause you important or significant damage, or serious injury or the death of any person is cause, the sanction is fifteen to thirty years of deprivation of liberty, deprivation of liberty or death sentence.

 

Chapter VIII acts in occasion of the use of the means and techniques computer article 24: incurs a sanction of imprisonment of five to twenty years, which, to facilitate any of the acts provided for in this law: using equipment, media, programs, computer networks or any other software application, intercept, interfere, use, alter, damage, disable or destroy data, information, electronic documents , supports computer, programs or systems of information and communication or telematic services public, social, administrative, emergency, national security or of any other, national, international entities or of another country;
use or allow the use of electronic mail, other services or protocols of Internet or any telecommunications terminal equipment;
(create, distribute, trade or have in their possession capable of producing the effects referred to in paragraph a).
 

CHAPTER IX OF THE FINANCING OF TERRORISM ARTICLE 25. 1: which, by any means, directly or indirectly, collect, transport, provide or holds funds or resources financial or material, so those funds or resources are used in the Commission of any of the offences provided for in this Act or knowing that it will be used in the Commission of some of these crimes incurred penalties of imprisonment of ten to thirty years.
Same penalty incurred, directly or indirectly, put funds, financial or material resources or financial or related services of any other nature, at the disposal of the person or entity who intended them for the Commission of some of the offences envisaged in this law.
 

Chapter X other acts of terrorism article 26: to, carry out any other act not punished more severely by law, which tends to the achievement of the purposes referred to in article 1, by its form, means or place or opportunity for execution, incurs a sanction of imprisonment of four to ten years.

Article 27: with knowledge that a person has participated in the Commission of a crime or that is accused of this, and out of cases of complicity in it, the hidden makes easy it to hide, flee or alter or make disappear evidence or evidence that believes that they can be harming her or otherwise help to evade investigation and evade criminal prosecution incurred equal sanction than the undercover crime, reduced by one-third its minimum and maximum limits.

Article 28: who, having knowledge of the preparation or execution of any offence under this Act, not to renounce it without prejudice to try to prevent it by all means at its disposal, incurs a sanction of imprisonment of six months to three years.

 

ONLY special provision: Entrust to the Government of the Republic, signs agreements and conventions with States willing to promote international cooperation in regards to the exchange of information, judicial and police assistance, investigations, the taking of evidence and in relation to the possible extradition of suspected culprits, the effects of prevent, Suppress and eradicate terrorism.

 

PROVISIONS to end first: The Governing Council the Court Supreme Popular, to the entry into force of this law, determines the boards of the respective popular provincial courts, which responsible them for knowing of the criminal acts provided for in its articles.  When knowledge appropriate to the military courts, apply the rules of competition laid down in the military criminal procedural law.

Second: Repealing articles 106 to 109, both inclusive, 117, 118, 122 and 123, all of the existing Penal Code, as well as many more provisions is contrary to the provisions of this law.

Third: The present law shall enter into force following its publication in the Official Gazette of the Republic.

 

 

GIVEN in the Hall of sessions of the National Assembly of the Popular power, Palacio de las Convenciones, in the city of Havana, on the twentieth day of December of the year two thousand one.

 

 Annex conceptual expressions to take into account the law of acts against terrorism, according to the international conventions on the subject.
Vessel is any type that is, not attached permanently to the seabed, including dynamic lift vehicles, submersibles, or any other floating. (Convention for the Suppression of unlawful acts against the safety of maritime navigation).
Explosives means the explosive products commonly known as plastic explosives, including explosives shaped blade-flexible or elastic, described in the technical annex to the Convention. (Convention on the marking of plastic explosives for the purpose of detection).
Internationally protected person means: a head of State, including each of the members of a College where, in accordance with the respective Constitution, comply with the functions of head of State, a head of Government or a Minister for Foreign Affairs, provided that such person is in a foreign State, as well as members of his family accompanying him.

any officer, civil servant or personality official of a State or any official, official personality or other agent of an intergovernmental organization which, at the time and in the place where an offence against it, his official premises, your private residence or their means of transportation, is entitled, in accordance with international law, to special against any attack protection to his person freedom or dignity, as well as members of his family forming part of his house.
(Convention on the prevention and punishment of crimes against internationally protected persons, including diplomats agents)
Is considered to be an aircraft is in flight from the moment in which all external doors after shipment are closed until the moment when any such door for disembarkation; opens in the event of a forced landing, shall be deemed the flight to continue until the competent authorities take charge of the aircraft and for persons and property on board.
Is considered to be an aircraft were in service from the staff of land or the crew begins operations prior to a specific flight until twenty-four hours after any landing; (the period of service will continue in any case for as long as the aircraft is in flight under paragraph a) of article 2 of the Convention. (Convention for the Suppression of unlawful acts against the safety of Civil Aviation).
Public or Government installation means any facility or permanent or temporary vehicle used or occupied by representatives of a State, members of Government, the legislature or the judiciary, officials or employees of a State or administrative entity or civil servants or employees of an intergovernmental organization for the purposes of the performance of their official duties. (International Convention for the repression of the terrorists attacks committed with pumps)
Infrastructure facility means any installation of public or private property that is used to provide or distribute services to the public, as the supply of water, sewage, energy, fuel or communications. (International Convention for the repression of the terrorists attacks committed with pumps)
Explosive or other lethal device means: a weapon or explosive or incendiary artifact that obey the purpose of causing or likely to cause death, serious bodily injury or major property damage; or the weapon or artifact that obey the purpose of causing or likely to cause death or serious bodily injury or major damage through emission, propagation or the impact of chemicals toxic, agents or toxins of biological character or similar substances or radiation or radioactive material. (International Convention for the repression of the terrorists attacks committed with pumps)
Military forces of a State means the armed forces of a State which are organized, trained, and equipped in accordance with the national legislation primarily to national defense and security effects and persons acting in support of those armed forces who are under their command, control and responsibility official. (International Convention for the repression of the terrorists attacks committed with pumps)
By place of public use understood parts of any building, land, via public course of water or other location that is accessible or open to the public in a permanent, periodic or occasional basis, and includes all place commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or similar which is accessible in such conditions or open to the public. (International Convention for the repression of the terrorists attacks committed with pumps)
Public transport network means facilities, vehicles and instruments of publicly or privately owned, that are used in public service or for public service for the purposes of the carriage of persons or goods. (International Convention for the repression of the terrorists attacks committed with pumps)
Funds means property of any kind, tangible or intangible, movable or immovable, regardless of how they were caught, and the documents and legal instruments, whatever their form, including electronic or digital form showing the property or other rights over such property, including, without being exhaustive, enumeration bank credits, traveller's cheques , bank checks, turns, actions, securities, obligations, bills of Exchange and letters of credit. (International Convention for the Suppression of the financing of terrorism)
Fixed platform is an artificial island, installation or structure attached permanently to the seabed for purposes of exploration or exploitation of resources or other purposes of economic (Protocol for the Suppression of unlawful acts against the safety of fixed platforms located on the Continental Shelf)