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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

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Law on the Protection of National Independence and the Economy of Cuba



Document: Law on the Protection of National Independence and the Economy of Cuba
Type of document: Law
Date of issue: 16/02/1999
Number of Legal Instrument: Law No 88
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 18/05/2016
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 at its First Extraordinary Meeting of the Fifth Legislature, held on 15 and 16 February 1999, has approved the following:

AS REGARDS : The Government of the United States of America has dedicated itself to promoting, organizing, financing and directing counterrevolutionary and annexationist elements inside and outside the territory of the Republic of Cuba. For four decades, it has invested substantial material and financial resources for the realization of numerous covert actions to destroy the independence and economy of Cuba, using for such purposes, among others, individuals recruited within the national territory, as has been recognized by the Central Intelligence Agency since 1961, in a report released in 1998.

AS FOR: The "Torricelli" Amendment included in the Defense Expenditure Act of 1992, promulgated by the Government of the United States of America, prior to the provision of material and financial means for the development of counter-revolutionary activities within Cuba, and through the Law of March 12, 1996, known as the Helms-Burton Act, expanded, intensified and codified the economic war against Cuba and details the supply of such resources to individuals who would be employed in the territory of Cuba. national to fulfill the subversive and annexationist purposes of the Empire, having been recognized The United States has made a public statement on the issue of the US Federal Budget funds for these purposes.

AS REGARDS The Federal Budget Law for 1999, enacted on 21 October 1998 by the Government of the United States of America, set a minimum limit of two million dollars for the realization of counter-revolutionary activities within Cuba and the 5 In January 1999, the President of that country announced plans to increase, with the resources of entities and individuals, the federal funds that go to the promotion and execution of these actions.

AS FOR: The actions mentioned above constitute a permanent aggression against the independence and sovereignty of the Republic of Cuba, violation of international law and the principles and norms governing relations between States, and This aggression has been extended and intensified for forty years, has been endorsed even by the aforementioned legislative decisions and has been proclaimed as a state policy against our country, employing itself for its (i) the creation of a large number of jobs, while at the same time promoting the employment of those who are those other private entities and individuals.

AS REGARDS : It is an unavoidable duty to respond to the aggression of the Cuban people, to defeat the annexationist purpose and to safeguard national independence, criminalizing behavior that favors the application of the aforementioned law. "Helms-Burton", the blockade, the economic war against Cuba, the subversion and other similar measures that have been adopted or are adopted in the future by the Government of the United States of America, by means of provision or regulation, with independence of its regulatory range, as well as other measures to encourage or develop such a policy aggressive against the fundamental interests of the nation.

AS FOR: It is the purpose of this law to punish those actions that in accordance with the imperialist interests seek to subvert the internal order of the Nation and destroy its political, economic and social system, without in any way undermining the rights and fundamental guarantees enshrined in the Constitution of the Republic.

AS FOR: In compliance with the provisions of the Law on the Reaffirmation of Cuban Dignity and Sovereignty, Law No. 80 of 1996, the Government of the Republic of Cuba, has submitted to the consideration of the National Assembly of People's Power, the corresponding project.

BY TANT: The National Assembly of People's Power in use of the powers conferred upon it in Article 75 (b) of the Constitution of the Republic, has adopted the following:

Law 88

LAW ON THE PROTECTION OF NATIONAL INDEPENDENCE AND THE ECONOMY OF CUBA

CHAPTER I

GENERAL

ARTICLE 1. The purpose of this Law is to criminalize and punish those events aimed at supporting, facilitating or collaborating with the objectives of the "Helms-Burton" Law, the blockade and the economic war against our people, aimed at breaking the internal order, to destabilize the country and to liquidate the Socialist State and the independence of Cuba.

Article 2. Given the special character of this Law, its application will be preferential to any other criminal legislation that precedes it.

ARTICLE 3.1. The offences provided for in this Law are applicable to the provisions contained in the General Part of the Penal Code.

  1. In the crimes provided for in this Law, the court can impose as a by-law the confiscation of property.
  2. The offences provided for in this Law are sanctioned independently of those committed for execution or on the occasion of their execution.

CHAPTER II

OF CRIMINAL OFFENCES

ARTICLE 4.1. To provide, directly or through third parties, to the Government of the United States of America, its agencies, agencies, representatives or officials, information to facilitate the objectives of the "Helms-Burton" Law, the blockade and the economic war In the case of our people, aimed at breaking the internal order, destabilising the country and liquidating the Socialist State and the independence of Cuba, it will incur a penalty of imprisonment of seven to fifteen years.

  1. The penalty is for imprisonment of eight to twenty years when one of the following circumstances is present:

if the event is committed with the contest of two or more persons;

  1. whether the event is made on a profit-making basis or by means of a gift, remuneration, reward or promise of any benefit or benefit;
  2. if the culprit has made known or otherwise possess the information surreptitiously or using any other illicit means;
  3. (d) if the culprit is aware or has the information on the basis of the charge he carries;
  4. if, as a result of the event, serious damage to the national economy is caused;
  5. if, as a result of the fact, the Government of the United States of America, its agencies or agencies, adopt measures of retaliation against industrial, commercial, financial or other entities, Cuban or foreign, or against any of their leaders or family members.

ARTICLE 5.1. The one who seeks classified information to be used in the application of the Law "Helms-Burton", the blockade and the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating the Socialist State "Cuba's independence," he said, " is a punishment of imprisonment of three to eight years, or a fine of three thousand to five thousand quotas, or both.

  1. The penalty is imprisonment of five to twelve years when one of the following circumstances is present:
  2. if the culprit has made known or otherwise possess the information surreptitiously or using any other illicit means;
  3. if the event is committed with the contest of two or more persons.
  4. The penalty is one of imprisonment of seven to fifteen years if the information obtained, by the nature of its content, produces serious damage to the national economy.

ARTICLE 6.1. The one that accumulates, reproduces or spreads, material of subversive character of the Government of the United States of America, its agencies, dependencies, representatives, officials or any foreign entity, in order to support the objectives of the Law Helms-Burton, the blockade and the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating the Socialist State and the independence of Cuba, incurs punishment of imprisonment of three to eight years or fine from three thousand to five thousand quotas, or both.

  1. In the same sanction, it incurs that with the same purposes, the materials referred to in the previous paragraph are introduced in the country.
  2. The penalty is imprisonment of four to ten years when it is in the facts referred to in the preceding paragraphs, either of the following circumstances:
  3. if the facts are committed with the contest of two or more persons;
  4. whether the facts are made on a profit-making basis or by giving, remuneration, reward or promise of any benefit or benefit.
  5. The penalty is one of imprisonment of seven to fifteen years if the material, due to the nature of its content, produces serious damage to the national economy.

ARTICLE 7.1. The fact that, in order to achieve the objectives of the "Helms-Burton" Law, the blockade and the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating the Socialist State and the independence of Cuba, collaborate on any way with radio or television stations, newspapers, magazines or other foreign media outlets, incurs a penalty of imprisonment of two to five years or a fine of one thousand to three thousand quotas, or both.

  1. Criminal liability in the cases provided for in the foregoing paragraph shall be enforceable to those who use such means and not to foreign reporters legally accredited in the country, if this is the route used.
  2. The penalty is for imprisonment of three to eight years or a fine of three thousand to five thousand quotas, or both, if the fact described in paragraph 1 is made for profit or by means of gift, remuneration, reward or promise of any advantage or benefit.

ARTICLE 8.1. The one that disturbs the public order with the purpose of cooperating with the objectives of the Law "Helms-Burton", the blockade and the economic war against our people, aimed to break the internal order, to destabilize the country and to liquidate the State Socialist and the independence of Cuba, it incurs a penalty of imprisonment of two to five years or a fine of one thousand to three thousand quotas, or both.

  1. The one who promotes, organizes or incites the disturbances of the public order referred to in the previous paragraph is punishable by imprisonment of three to eight years or fine of three thousand to five thousand quotas or both.

ARTICLE 9.1. The fact that, in order to favor the objectives of the "Helms-Burton Law", the blockade and the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating the Socialist State and the independence of Cuba, I realized any act aimed at preventing or harming the economic relations of the Cuban State, or of industrial, commercial, financial or other entities, national or foreign, both state and private, incurs a sanction of The Commission has also been informed of the Commission's contribution to the European Union's financial contribution.

  1. The penalty is for imprisonment of eight to twenty years when one of the following circumstances is present:
  2. whether violence, intimidation, blackmail or other illicit means are used in the performance of the event;
  3. whether the event is made on a profit-making basis or by means of a gift, remuneration, reward or promise of any benefit or benefit;
  4. if, as a result of the fact, the Government of the United States of America, its agencies or agencies, adopt measures of retaliation against industrial, commercial or financial, Cuban or foreign entities, or against any of its leaders or family.

ARTICLE 10. I incur a penalty of imprisonment of two to five years or a fine of one thousand to three thousand quotas or both, which:

  1. propose or encourage others, by any means or form, to execute any of the offences provided for in this Law;
  2. You are aware of other persons for the execution of any of the offences provided for in this Law.

ARTICLE 11. The fact that, in order to carry out the facts provided for in this Law, directly or through third parties, receive, distribute or participate in the distribution of financial, material or other means, originating from the Government of the United States of America, its agencies, agencies, representatives, officials or private entities, it incurs a penalty of imprisonment of three to eight years or a fine of one thousand to three thousand quotas, or both.

ARTICLE 12. The person who incurs any of the offences provided for in the previous articles with the cooperation of a third State which collaborates for the purposes mentioned with the Government of the United States of America, shall be the creditor of the established sanctions.

FINAL PROVISIONS

FIRST: The Office of the Prosecutor General of the Republic, in respect of the offences provided for and sanctioned in this Law, exercises the public criminal action in representation of the State in correspondence with the principle of opportunity, in accordance with the interests of the Nation.

SECOND: The Popular Provincial Courts are competent to hear about the crimes provided for in this Law.

THIRD: The legal or regulatory provisions will be repealed as set out in this law, which will begin to apply from the date of its publication in the Official Gazette of the Republic.

DADA In the session hall of the National Assembly of People's Power, Palace of the Conventions, in the city of Havana at the sixteen days of the month of February of a thousand nine hundred and ninety-nine, "Year of the 40th Anniversary of the Triumph of the Revolution."