Law's Protection To The Independence National And The Economy Of Cuba

Original Language Title: Ley de Protección a la Independencia Nacional y la Economía de Cuba

Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-de-proteccion-la-independencia-nacional-y-la-economia-de-cuba

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 in its first extraordinary meeting of the legislature fifth, held on 15 and 16 February 1999, has approved the following: whereas: the Government of United States of America has been dedicated to promote, organize, Fund and direct to counter-revolutionaries and annexationist elements inside and outside the territory of the Republic of Cuba. For four decades, has invested substantial material and financial resources for the realization of numerous actions concealed with intent to destroy the independence and economy of Cuba, using for such purposes, among others, individuals recruited within the national territory, as acknowledged by the Central Intelligence Agency since 1961, which was reported in the año1998 report.

BECAUSE: The amendment "Torricelli" included in the spending bill for the defense of 1992, promulgated by the Government of the United States of America, foresaw the provision of material and financial resources for the development of counterrevolutionary activities within Cuba, and by the Act of 12 March 1996, known as law Helms - Burton, was expanded, intensified and coded against Cuba economic war and details providing such resources to individuals who would be employees in the national territory for purposes the annexationist and subversive of the Empire, having been publicly acknowledged, since that date, and on several occasions, delivery of funds from the Federal budget of United States for these purposes.

FOR: The law of the Federal budget for 1999, promulgated on October 21, 1998 by the Government of the United States of America, set a minimum limit of two million dollars for counterrevolutionary activities within Cuba and on 5 January 1999 the President of the country announced plans to swell, with resources of individuals and entities , federal funds devoted to the promotion and implementation of such actions.

BECAUSE: The above-mentioned actions constitute a permanent aggression against the independence and sovereignty of the Republic of Cuba, violates international law and the principles and rules governing relations between States, and persistently this aggression has been expanded and intensified during forty years, has endorsed even by the above-mentioned legislative decisions and it was proclaimed as a policy against our country , using is for its achieving substantial resources official, while is promotes the employment of which intended to those purposes others entities private and individuals.

AS: Is an inescapable duty to respond to the aggression that is subject to the Cuban people, defeat the purpose of annexation and safeguard national independence, classifying as crimes behaviours that favour the application of the "Helms-Burton" law, the block against Cuba economic war, subversion and other similar measures that have been adopted or to be adopted in the future by the Government of the United States of America through provision or regulation, regardless of its regulatory range, as well as other measures that lead to encourage or develop the aggressive policy against the fundamental interests of the nation.

AS: Is purpose of this law sanction actions that seek to subvert the internal order of the nation and destroy its political, economic and social system while in mode one undermine the rights and fundamental guarantees enshrined in the Constitution of the Republic in accordance with the imperialist interests.

AS: in compliance of it willing in the law of reaffirmation of the dignity and sovereignty Cuban, law not. 80 of 1996, the Government of the Republic of Cuba, has presented to the consideration of the Assembly national of the power Popular, the project corresponding.

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, has adopted the following: Act 88 law of protection from independence national and the economy of CUBA chapter I General article 1.  This law aims to criminalize and punish those events aimed at support, facilitate or collaborate with the objectives of the "Helms-Burton" Act, the blockade and the economic war against our people, to break the internal order, destabilize the country and liquidate the Socialist state and independence of Cuba.

ARTICLE 2.  Given the character special of this law, its application will be preferred to any other legislation criminal that you precede.

ARTICLE 3.1.  To the offences covered by this law are you applicable, on, the provisions of the General part of the Penal Code.
In them offences envisaged in this law the Court can impose as sanction accessory the confiscation of goods.
The offences envisaged in this law are punished regardless of which are committed for their implementation or on the occasion of her.
 

CHAPTER II OF THE OFFENCES CRIMINAL ARTICLE 4.1.  Which provide, directly or through a third party, to the Government of the United States of America, its agencies, departments, representatives or officials, information to facilitate the objectives of the "Helms-Burton" law, aimed to break the internal order, destabilize the country and liquidate the Socialist state and independence of Cuba, the blockade and the economic war against our people, incurred penalties of imprisonment from seven to fifteen years.
The punishment is imprisonment from eight to twenty years when any of the following circumstances concur: If the fact is committed with the assistance of two or more persons;
If the fact is done with non-profit or mood by gift, remuneration, reward or promise of any benefit or benefit;
If the culprit came to know or own information surreptitiously or using any other illicit means;
(d) if the culprit knew or possessed the information by reason of the charge that play;
If, as a result of the made, is produced serious damages to the economy national;
If, as a consequence of the fact, the Government of the United States of America, its agencies or dependencies, adopt measures of reprisals against industrial, commercial, financial entities or of another nature, Cuban or foreign, or any of its leaders or family members.
ARTICLE 5.1.  That, look for information classified to be used in the application of the "Helms-Burton" Act, the blockade and economic against our people war, aimed to break the internal order, destabilize the country and liquidate the Socialist state and independence of Cuba, incur penalties of deprivation of liberty from three to eight years or a fine of three thousand to five thousand shares , or both.
The punishment is imprisonment from five to twelve years when any of the following circumstances concur: If the culprit came to know or own information surreptitiously or using any other illicit means;
If the fact is committed with the assistance of two or more people.
The punishment is imprisonment from seven to fifteen years if the information obtained, by the nature of its content, causes serious damage to the national economy.
ARTICLE 6.1.  Which collect, reproduce or diffuse, material of the subversive character of the Government of the United States of America, its agencies, offices, representatives, officials, or of any foreign entity, to support the objectives of the Helms-Burton Act, the blockade and the war against our people economic, aimed at breaking the internal order, destabilize the country and liquidate the Socialist state and independence of Cuba , incurs in sanction of deprivation of liberty from three to eight years or fine of three thousand to five thousand fees, or both.
The same punishment incurred with the same purposes enter the country materials referred to in the preceding paragraph.
The penalty is imprisonment of four to ten years when concur in the facts referred to in the preceding paragraphs, any of the following circumstances: If the facts are made with the assistance of two or more persons;
If the facts are made for profit or by gift, remuneration, reward or promise of any benefit or profit.
The punishment is imprisonment from seven to fifteen years if material, by the nature of its content, causes serious damage to the national economy.
ARTICLE 7.1.  Which, with the purpose of achieve them objectives of it law "Helms-Burton", the lock and it war economic against our people, aimed to break the order internal, destabilize the country and liquidate to the State Socialist and the independence of Cuba, collaborate by any via with stations of radio or television, newspapers, magazines u others media of broadcasting foreigners, incurs in sanction of deprivation of freedom of two to five years or fine of thousand to three thousand fees , or both.
Criminal liability in the cases provided for in the paragraph preceding will be payable to those who use such means and not to foreign reporters legally accredited in the country, if that were employed via.
The sanction is imprisonment from three to eight years or fine of three thousand to five thousand shares, or both, if the fact described in paragraph 1 is carried out for profit or by gift, remuneration, reward or promise of any advantage or benefit.

ARTICLE 8.1.  Which disturb the order public with the purpose of cooperate with them objectives of the law "Helms-Burton", the lock and the war economic against our people, aimed to break the order internal, destabilize the country and settle to the State Socialist and the independence of Cuba, incurs in sanction of deprivation of freedom of two to five years or fine of thousand to three thousand quotas , or both.
Which, promotes, organize or incite to make them disturbances of the order public that is concerns the paragraph previous incurs in sanction of deprivation of freedom of three to eight years or fine of three thousand to five thousand quotas or both.
ARTICLE 9.1.  That, to promote the objectives of the "Helms-Burton" Act, the blockade and the war economic against our people, to break the internal order, destabilize the country and liquidate the Socialist state and independence of Cuba, perform any act aimed to prevent or impair the economic of the Cuban State, or industrial entities relations, commercial, financial or other national or foreign, both State and private, incur penalties of imprisonment from seven to fifteen years or fine of three thousand to five thousand shares or both.
The punishment is imprisonment from eight to twenty years when any of the following circumstances concur: If the realization of the fact uses violence, intimidation, blackmail or other unlawful means;
If the done is performed with mood of profit or by gift, remuneration, reward or promise of any advantage or benefit;
If, as result of the made, the Government of United States of America, its agencies or dependencies, adopt measures of reprisals against entities industrial, commercial or financial, Cuban or foreign, or against any of its leaders or family.
ARTICLE 10. Incur penalties of deprivation of liberty from two to five years or a fine of thousand to three thousand quotas or both, whereby: propose or incite others, by any means or form, to run any of the offences envisaged in this law;
is concert with others people for the execution of any of them offences envisaged in this law.
ARTICLE 11.  Which, for the realization of the facts referred to in this law, directly or through third-party, receive, distribute or participate in the distribution media financial, material or otherwise, from the Government of the United States of America, its agencies, offices, representatives, officials, or from private entities, incur punishment of imprisonment of three to eight years or fine of thousand to three thousand shares , or both.

ARTICLE 12.  Which commits any of the offences envisaged in the previous articles with the cooperation of a third State that collaborate for the purposes indicated by the Government of the United States of America, will be creditor established sanctions.

 

PROVISIONS to end first: The Attorney General of the Republic, with respect to the offences provided for and punished under this law, exercises public criminal action on behalf of the State in accordance with the principle of opportunity, in accordance with the interests of the nation.

Second: them courts provincial popular are competent to know of them offences envisaged in this law.

Third: Be repealed many laws or regulatory provisions are opposed to provisions of this law, which will begin to run from the date of its publication in the Official Gazette of the Republic.

 

GIVEN in the room of sessions of the Assembly national of the power Popular, Palace of them conventions, in the city of the Havana to them sixteen days of the month of February of thousand 1900s ninety and nine, "year of the 40 anniversary of the triumph of the revolution".