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Law Amending Of The Criminal Code

Original Language Title: Ley Modificativa del Código Penal

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Amending Law of the Criminal Code



Document: Amending Law of the Criminal Code
Type of document: Law
Date of issue: 16/02/1999
Number of Legal Instrument: Law No 87
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 FOR: In recent years, there has been an increase in certain forms of criminal activity, as well as the emergence of new forms of commission of crimes, which is totally incompatible with the widespread ethical principles of the Cuban society and demands an adequate and energetic response, both in order to the practical measures, and in the sphere of the legal norms, in particular those concerning the Penal Code.

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

Law 87

AMENDING LAW OF THE PENAL CODE

ARTICLE 1. Articles 30 and 31 of the Criminal Code shall be amended as follows:

ARTICLE 30.1. The penalty of deprivation of liberty can be perpetual or temporary.

  1. The sentence of imprisonment of liberty can be imposed as a main sanction in the crimes in which it is expressly established or alternatively in the crimes that have been provided for the death penalty.

  1. The subject of a sentence of life imprisonment cannot be granted the benefits of parole or extra-financial leave. However, exceptionally, the court of law, when serving the thirty years of imprisonment, may grant him parole if for reasons founded and with the fulfilment of the requirements laid down in Article 58 of this Code, in the right thing, becomes worthy of it.

  1. The sanction of temporary deprivation of liberty cannot exceed thirty years. However, the court may extend its term without term limits in the following cases:

  1. in the offences in which, when assessing the extraordinary aggravation of the penalty, the penalty is exceeded for thirty years;
  2. in the case of offences where, when assessing the recidivism or the fine-effect, the penalty exceeds 30 years;
  3. the formation of a joint sanction in accordance with Article 56 (1) (b) of the Treaty.

  1. The time of detention or temporary imprisonment suffered by the sanctioned person is fully entitled to the duration of the penalty.

  1. The penalty of deprivation of liberty is fulfilled in the penitentiary establishments that have the law and its regulations. The characteristics of these establishments and the minimum periods in which the penalties are to remain in each one are determined in the corresponding regulations.

  1. Those punished for deprivation of liberty comply with the sanction distributed in groups, and only in the cases provided for in the regulations can they be placed in isolation.

  1. Men and women comply with the sanction of deprivation of liberty in different establishments, or in separate sections thereof.

  1. Children under 20 years of age comply with the sanction in establishments specially intended for them, or in separate sections of those intended for the elderly. However, in respect of those aged 20 to 27 years, they may be able to comply with their sanction in the same way as those.

  1. In prison establishments, the progressive regime is applied as a method for the enforcement of sanctions of temporary deprivation of liberty and as a basis for the granting, in these cases, of the probation established in this case. Code.

  1. The punishment cannot be the subject of corporal punishment, nor is it permissible to use against any measure that would mean humiliation or that would undermine his dignity.

  1. During the execution of the sanction, the sanctioned ones for the work carry out useful tasks, if they access it.

  1. The court, at the request of the relevant body of the Ministry of the Interior and hearing the opinion of the prosecutor, may, during the course of the enforcement of the penalty of temporary deprivation of liberty which it has imposed, replace it with any of the the subsidiary sanctions provided for in Articles 32, 33 and 34, on the basis of the term that the latter has been subject to the deprivation of liberty initially applied, provided that the following conditions are met:

  1. only the custodial penalties imposed for a term of not more than five years can be replaced;
  2. the penalty must have extinguished, at least, the third part of the sanction imposed in the case of primary penalties, half of the penalty imposed in the case of a repeat offender or two thirds if it is a multi-offender. However, in the case of repeat and multi-repeat incidents, the court may provide for the replacement of the penalty where the penalty has, at least, extinguished the third part of the penalty if the requirements referred to in paragraph 1 The following are so strongly positive that they justify the advance granting of the benefit.

  1. The court, in order to proceed to the substitution referred to in the previous paragraph, must take into account the nature of the crime and its circumstances, the social connotation of the fact, the behavior of the sanctioned in the penitentiary establishment, thus as their personal characteristics.

  1. Once the replacement of the custodial sanction, as referred to in paragraphs 13 and 14, is provided for, it shall be governed by the provisions of Article 32 (3), (4), (5), (6), (7) and (8); Article 33 (3), (5), (6), (7), (8) and (9). Article 34 (3), (5), (6) and (7), according to the sanction applied by the court as a substitute for the deprivation of liberty originally imposed.

ARTICLE 31. 1. To those punished for perpetual or temporary deprivation of liberty, held in penitentiary establishments:

  1. they are remunerated for the socially useful work they do. Of such remuneration are discounted the amounts necessary to cover the cost of their maintenance, to meet the needs of their family and to satisfy the civil responsibilities declared in the judgment, as well as other obligations legally established;
  2. they are provided with appropriate clothing, footwear and basic necessities;
  3. is provided with normal daily rest and a weekly rest day;
  4. (ch) are provided with medical and hospital care, in case of illness;
  5. they are granted the right to obtain long-term social security benefits in cases of total invalidity arising from accidents at work. If, for the cause itself, the inmate dies, his or her family will receive the corresponding pension;
  6. is given the opportunity to receive and expand its cultural and technical preparation;
  7. in accordance with the provisions of the regulations, they are provided with the possibility of exchanging correspondence with persons not held in prisons and receiving visits and articles of consumption; they are authorized to use the flag spousal; they are provided with opportunities and means to enjoy recreation and to practice sports according to the activities scheduled by the prison establishment; and they are promoted to better prison conditions.

  1. Persons under 27 years of age held in penitentiary establishments receive a technical education or are taught in the exercise of an office according to their capacity and degree of schooling.

  1. In the case of penalties for temporary deprivation of liberty:

  1. may be granted, as laid down in the regulations, permits to leave the prison for a limited period of time;
  2. the sanctioning court may grant them, for justified reasons and upon request, an extra-financial licence for as long as it is deemed necessary. You can also grant it the Minister of the Interior, for extraordinary reasons, communicating it to the President of the Supreme People's Court.

  1. The time of the extradition licences and the leave of absence of the penitentiary establishment referred to in the previous paragraph, are paid at the end of the duration of the custodial sanction, provided that the penalty, in the Enjoy the license or permit, have observed good behavior. Likewise, the penalty rebates granted to the sanctioned during the performance of the penalty are paid to the said term.

  1. The time taken by the person in a hospital to be regarded as having been regarded as a condition of dipsomano or a normal drug addiction requiring treatment shall be taken into account at the end of the penalty imposed. As for the sanctioned prisoner in prison who, for presenting symptoms of mental alienation, has been subjected to security measure, will be, for the purposes of the computation of the time that remains in this situation, to which has the Law of Criminal Procedure. "

ARTICLE 2. Paragraphs 2 and 5 of Article 35 of the Penal Code are amended, which shall be worded as follows:

" 2. The fines shall be made up of quotas, which shall not be less than or equal to 50 pesos.

  1. The fine is paid within thirty days of the order for payment made by the court. After the end of the term without becoming effective, the court will be able to recover it by means of a prize which establishes the corresponding legislation. In the event of insolvency, the sanction shall be held in the establishment to be determined by the court for as long as it is necessary for, with his or her work, to satisfy the fine or the part of it not paid, suffering a personal award on the basis of one day by quota, which may not exceed six months if the fine is two hundred or less, or two years if it exceeds this quantity and up to a thousand quotas, and up to eight years in other cases. As soon as the penalty satisfies the fine or the part of it that is missing for the payment, the personal award will be cancelled. "

ARTICLE 3. Article 53 (j) of the Criminal Code is amended, which shall be worded as follows:

" (j) being a spouse and the kinship between the offender and the victim up to the fourth degree of consanguinity or second degree of affinity. This aggravation is only taken into account in crimes against life and bodily integrity, and against the normal development of sexual relations, family, childhood and youth. "

ARTICLE 4. Article 53 (m) of the Criminal Code is repealed and Article 54 (4) is added to Article 54, which shall be worded as follows:

" 4. The court, in the case of intentional offences, will increase to double the minimum and maximum limits of the sanction provided for the offence committed, if by executing the fact the author is extinguishing a sanction or measure of security or subject to a provisional or evaded interim prison measure from a prison facility or during the probationary period corresponding to its conditional remission. '

ARTICLE 5. Article 55 of the Criminal Code is amended, which shall be worded as follows:

" ARTICLE 55. 1. There is a recidivism when the guilty party had already been executed previously sanctioned for another intentional offence, either of the same species or of a different species.

  1. There is a multidrug effect when the guilty party had already been executed by two or more intentional offences, either of the same species or of different species.

  1. With respect to the defendant who commits an intentional offence with a penalty that exceeds one year of imprisonment or three hundred fine fees, the court will adjust the penalty in the following manner:

  1. if he has previously been punished for a crime of the same species as is judged, within the resulting scale after having increased by one third his minimum and maximum limits;
  2. if he has previously been punished for two or more offences of the same species as is judged, within the resulting scale after having increased by half his minimum and maximum limits;
  3. if he has previously been punished for a different kind of offence, within the resulting scale after having increased by a quarter his minimum and maximum limits;
  4. (ch) if he has previously been punished for two or more offences of a kind other than that which is judged, within the resulting scale after having increased by one third his minimum and maximum limits.

  1. With respect to the accused who commits an intentional offence, repressed with sanction up to one year of imprisonment or three hundred fine fees, the court may adjust the penalty in the manner indicated in the above paragraph.

  1. In any of these cases, the court may provide, in the judgment itself, that, once the sanction of deprivation of liberty has been completed, the punishment will be subject to special surveillance of the organs of the National Revolutionary Police for a period of three to five years, and impose all or some of the following obligations, which may be changed or modified at any time by the court itself:

  1. prohibition of change of residence without authorisation from the court;
  2. the prohibition of frequent means or places;
  3. Court of Justice of the European Court of Justice of the European
  4. (ch) any other measure which may contribute to its re-education.

  1. For the purposes of applying the provisions contained in this article, the courts shall take into account the judgments handed down by the foreign courts, accredited in accordance with the treaties signed by the Republic or, in its defect, by certification issued by the Central Sanitary Registry. "

ARTICLE 6. Article 56 (1) (b) and (c) of the Criminal Code shall be amended as follows:

" (b) if, for all the offences in question, he has set a penalty of deprivation of liberty, he imposes a single penalty, which cannot be lower than that of greater rigour or exceed the total of those which he has set separately for each offence;

  1. (c) if it has set a fine for all infringements, it imposes a single fine, which may not be less than that of greater rigour, nor may it exceed the sum of those which it has imposed separately for each infringement; ... '

ARTICLE 7. The first subparagraph of Article 58 (1) of the Criminal Code is amended, which shall be worded as follows:

" Article 58. 1. The court may provide for the probation of the sanction for temporary deprivation of liberty if, appreciating its individual characteristics and its conduct during the time of its imprisonment, there are reasonable grounds to consider that amended and that the end of the penalty has been reached without the need to fully execute the sanction, provided that it has extinguished, at least, one of the following terms:. "

ARTICLE 8. A paragraph, which shall be the 2nd paragraph, shall be added to Article 147 of the Criminal Code as follows:

" 2. If disobedience consists in refusing to give his or her identity or hiding the true one, the sanction is from six months to two years or fine from two hundred to five hundred shares, or both.

ARTICLE 9. Articles 163 and 164 of the Criminal Code are amended, which shall be worded as follows:

ARTICLE 163. 1. The person who is evaded or attempts to escape from the prison or the place where he is being served as a security measure, subject to a provisional or detained prison, or is taken away or is attempting to remove the surveillance of his or her custodians in If you are taken or transferred, you will be sentenced to a three-year imprisonment or a fine of three hundred thousand shares.

  1. If violence or force is used in evasion or attempted evasion, or is projected collectively, the sanction is one of imprisonment of four to ten years, regardless of those that correspond to the crimes committed.

  1. If the evaded is voluntarily submitted within twenty days of its evasion, the penalty may be reduced by up to two-thirds of its minimum limit.

ARTICLE 164. 1. The one who procurates or facilitates the evasion of a private individual legally of liberty, or conceals or in any way lends aid to the evaded, incurs a penalty of imprisonment of two to five years.

  1. If the fact is committed by the public official responsible for the surveillance or driving of the evaded or by whom, without having this character, he has assumed this task in compliance with a legal or social duty, the sanction is of deprivation of liberty Three to eight years.

  1. If the evasion occurs because of the recklessness of the guards or custodians, the sanction is one of imprisonment of one to three years or a fine of three hundred thousand quotas.

  1. In the case of the previous paragraph, if the culprit achieves the apprehension of the fugitive before a month of evasion takes place, he is exempt from punishment. "

ARTICLE 10. Article 190 of the Criminal Code is amended, which shall be worded as follows:

' ARTICLE 190. 1. I incur a penalty of imprisonment of four to ten years, which:

  1. without being authorised, produced, transported, brought, acquired, introduced or removed from the national territory or has in its possession for the purpose of trafficking or in any way procurate for another, drugs, narcotic drugs, psychotropic substances or other similar effects;
  2. keep in their possession or hide without immediately informing the authorities, the findings of drugs, narcotic drugs, psychotropic substances or other similar effects;
  3. cultive the "Cannabis Indica" plant, known for marijuana, or other similar properties, or knowingly possess seeds or parts of such plants. If the cultivator is an owner, usufructory or occupier for any legal concept of land, it is also imposed as an accessory sanction, the confiscation of land or deprivation of the right, as the case may be.

  1. The penalty is deprived of liberty of eight to twenty years if the facts provided for in the previous paragraph are made with relatively large amounts of the drugs or substances referred to.

  1. The penalty is of imprisonment of fifteen to thirty years or death:

  1. if the facts referred to in paragraph 1 are made by public officials, authorities or their servants or auxiliaries, or are provided for by the facts, taking advantage of that condition or using means or resources of the State;
  2. if the defendant in the international transport or trafficking of drugs, narcotic drugs, psychotropic substances or other similar effects, penetrates into national territory by any circumstance, using aircraft or aircraft or other means of transportation;
  3. if the defendant participates in any form in acts related to the international illicit trade in drugs or narcotic drugs, psychotropic substances or other similar effects;
  4. (ch) if a person under the age of 16 is used in the commission of the facts provided for in the preceding paragraphs.

  1. The fact that, having knowledge of the preparation or execution of any of the crimes provided for in this article, I did not denounce it, I incurred a penalty of imprisonment of two to five years.

  1. The preparatory acts for the offences referred to in this Article are sanctioned in accordance with the provisions of Article 12 (5).

  1. Irrespective of the provisions of paragraph 1 (c), to those declared liable for any of the offences provided for in this Article, they may also impose the penalty for the confiscation of property. "

ARTICLE 11. Articles 211 and 212 of the Criminal Code are amended, which shall be worded as follows:

" Article 211. 1. The person who, without legal authorization, acquires, carries or has a firearm in his possession, incurs a sentence of imprisonment of two to five years.

  1. If the fact is to manufacture, sell or otherwise facilitate a firearm, the penalty is for three to eight years of imprisonment.

  1. In the case of a class firearm for which no licence is granted, the penalty is:

  1. deprivation of liberty of three to eight years, in the case of paragraph 1;
  2. deprivation of liberty of four to ten years, in the case of paragraph 2.

ARTICLE 212. 1. It is punishable by imprisonment of six months to two years or a fine of two hundred to five hundred shares, to which, possessing a license or legal authorization to carry a firearm:

  1. the size of the consignment or the opportunity in which it is prohibited at the disposal of the competent State body;
  2. (i) give or in any way procure another such weapon.

  1. In the cases provided for in the preceding paragraph, the weapon's comiso is imposed as an accessory sanction. "

ARTICLE 12. Article 240 of the Criminal Code shall be amended as follows:

" ARTICLE 240. 1. The one who, without prior authorization from the state body specifically empowered to do so, sacrifices more cattle, is punished with imprisonment of four to ten years.

  1. Those who sell, transport or in any form trade with illegally slaughtered cattle are punished with deprivation of liberty from three to eight years.

  1. The fact that, knowingly, it acquires meat of more illegally slaughtered cattle, it incurs a penalty of deprivation of liberty of three months to one year or fine of one hundred to three hundred quotas or both.

  1. The fact that, knowingly, it acquires meat of more illegally slaughtered cattle to supply it to centers of elaboration, production, trade or sale of food, it incurs a penalty of deprivation of liberty of two to five years.

  1. The fact that, without first putting it to the attention of the competent authority for its proper verification, slaughter livestock which has suffered an accident which makes it essential to slaughter, it shall be fined 100 to three hundred. quotas.

  1. In the cases of commission of the crimes provided for in this article the court will impose as accessory sanction, the confiscation of goods. "

ARTICLE 13. Article 244 of Chapter II and Chapter III of Title VI of the Criminal Code are amended to read as follows:

" ARTICLE 244.1. The one who pulls out or tries to extract from the country property members of the cultural patrimony, without complying with the legal formalities, incurs a penalty of imprisonment of two to five years or a fine of three hundred thousand quotas.

  1. If the goods stolen are of considerable value to the cultural patrimony of the country the sanction is of imprisonment of three to eight years. "

CHAPTER III

TRANSMISSION, ILLEGAL POSSESSION OF CULTURAL HERITAGE PROPERTY AND FALSIFICATION OF WORKS OF ART

ARTICLE 245.1. The fact that, without complying with the legal formalities, carries out any transfer of the domain or possession of a good part of the cultural patrimony, it incurs a penalty of deprivation of liberty of one to three years or fine of three hundred thousand quotas, or both.

  1. In the same way, it incurs the fact that, without complying with the legal formalities, it acquires or has in its possession for any concept a good of the cultural patrimony or that comes from a real estate declared national or local monument.

ARTICLE 246.1. It is punishable by imprisonment of one to three years or a fine of three hundred thousand shares, or both of which, to the detriment of its creator or cultural heritage, falsifies a work of art or traffice it.

  1. If, as a result of the facts provided for in the previous paragraph, serious injury is caused, the penalty is imprisonment of two to five years. '

ARTICLE 14. The first paragraph of Article 263 of the Criminal Code shall be amended as follows:

" ARTICLE 263. It is punishable by imprisonment of fifteen to thirty years or death to which I kill another by attending any of the following circumstances:. "

ARTICLE 15. Article 298 of the Criminal Code is amended, which shall be worded as follows:

' ARTICLE 298. 1. It is punishable by imprisonment of four to ten years to which he has carnal access with a woman, either by normal or against natura, provided that in fact there are any of the following circumstances:

  1. use the guilty force or intimidation sufficient to achieve its purpose;
  2. the victim in a state of mental alienation or transient mental disorder, or private of reason or sense for any cause, or incapacitated to resist, or lacking the ability to understand the scope of his or her action or to direct his or her conduct.

  1. The penalty is for imprisonment of seven to fifteen years:
  1. if the event is executed with the contest of two or more persons;
  2. if the culprit, in order to facilitate the execution of the event, is presented wearing a military uniform or appearing to be a public official;
  3. if the victim is older than twelve and under fourteen years of age.

  1. The penalty is of imprisonment of fifteen to thirty years or death:
  1. if the event is executed by a person who has previously been executed for the same offence;
  2. if, as a result of the event, serious injury or illness;
  3. if the culprit knows that he is a carrier of a sexually transmitted disease.

  1. In the same way as the one provided for in the previous paragraph, he who has carnal access with less than twelve years of age, even if the circumstances provided for in the preceding paragraphs are not present. "

ARTICLE 16. Article 299 (2) of the Criminal Code shall be amended as follows:

" 2. The penalty is of imprisonment of fifteen to thirty years or death:

  1. if the victim is a child under 14 years of age even if the circumstances provided for in paragraph 1 are not met;
  2. whether serious injury or disease is a consequence of the event;
  3. if the event is executed by a person who has previously been executed for the same offence. "

ARTICLE 17. Article 302 of the Criminal Code is amended, which shall be worded as follows:

' ARTICLE 302. 1. I incur a penalty of imprisonment of four to ten years, which:

  1. to induce another, or in any way, to cooperate or to encourage another to engage in prostitution or carnal trade;
  2. directly or through third parties, owns, directs, manages, operates or finances in whole or in part a premises, establishment or housing, or part thereof, in which prostitution or any other form of carnal trade is exercised;
  3. obtain, in any way, benefits from the exercise of prostitution by another person, provided that the fact does not constitute a crime of greater gravity.

  1. The penalty is one of deprivation of liberty of ten to twenty years when in the facts referred to in the previous paragraph there are any of the following circumstances:

  1. if the defendant, for the duties he performs, participates in activities related, in any way, with the protection of public health, the maintenance of public order, education, tourism, the direction of youth or the fight against prostitution or other forms of carnal trade;
  2. if the enforcement of the event threatens, blackmail, coercion or abuse of authority, provided that the concurrence of any of these circumstances does not constitute a crime of greater gravity;
  3. if the victim of the crime is an incapacitated who is for any reason in the care of the culprit.

  1. The penalty is twenty to thirty years of imprisonment in the following cases:

  1. where the event consists in promoting, organising or inciting the entry or exit of the country of persons with the aim of being engaged in prostitution or any other form of carnal trade;
  2. if the event is executed by a person who has previously been executed for the offence provided for in this Article;
  3. where the author of the facts provided for in the preceding paragraphs normally performs them.

  1. In the cases of commission of the offences provided for in this article it can also be imposed, as accessory sanction, the confiscation of goods.

  1. It is considered carnal trade, for the purposes of this article, any action of encouragement or exploitation of sexual relations as a gainful activity. "

ARTICLE 18. Article 310 (2) of the Criminal Code is amended, which shall be worded as follows:

" 2. The penalty is of imprisonment of twenty to thirty years or death in the following cases:

  1. whether the author uses violence or intimidation to achieve his or her purposes;
  2. if, as a result of the acts referred to in the previous paragraph, injury or illness is caused to the child;
  3. if more than one minor is used for the performance of the acts referred to in the preceding paragraph;
  4. (ch) if the fact is carried out by the person who has the power, guardian or care of the child;
  5. if the victim is less than twelve years of age or is in a state of mental alienation or transient mental disorder, or is deprived of reason or sense for any cause or incapacitated to resist;
  6. when the event is executed by two or more people. "

ARTICLE 19. Section II of Chapter III, corresponding to Title XI, Articles 315 and 316 of the Criminal Code, shall be amended as follows:

SECTION 2

OTHER ACTS CONTRARY TO THE NORMAL DEVELOPMENT OF THE CHILD

ARTICLE 315.1. The person who does not attend or neglect the education, maintenance or assistance of a minor who has under his or her authority or guardian and care, incurs a penalty of imprisonment of three months to one year or a fine of 100 to three hundred shares or both.

  1. In the same sanction, it incurs that which, having been deprived of the parental authority, does not contribute to the support of their children, under the conditions and by the term established in the Law.

  1. The one that induces a minor to leave his or her home, to miss school, to reject the educational work inherent in the national education system or to fulfill his duties related to the respect and love of the Fatherland, incurs punishment of deprivation. Three months to one year or a fine of one hundred to three hundred or two.

SECTION III

SALE AND TRAFFICKING OF MINORS

ARTICLE 316.1. The person who sells or transfers a child under sixteen years of age to another person, in exchange for reward, financial or other compensation, is punishable by imprisonment of two to five years or a fine of three hundred thousand shares or both.

  1. The penalty is three to eight years of deprivation of liberty when in the facts referred to in the previous paragraph there are any of the following circumstances:

  1. if fraudulent acts are committed for the purpose of misleading the authorities;
  2. if it is committed by the person or person responsible for the institution that has the child under his or her care.
  3. if the purpose is to move the child out of the national territory.

  1. The sanction is seven to fifteen years of deprivation of liberty when the purpose is to use the child in any of the forms of international trafficking, related to the practice of acts of corruption, pornographic, the exercise of the prostitution, trade in organs, forced labour, activities linked to drug trafficking or illicit drug use.

  1. The penalties provided for in this Article are imposed provided that the facts do not constitute a crime of greater entity. "

ARTICLE 20. Articles 322, 323, 326, 327, 328 and 329 of the Criminal Code are amended, which shall be worded as follows:

' ARTICLE 322. 1. The one who subtracted a piece of furniture of other belonging, with a profit motive, incurs a penalty of deprivation of liberty of one to three years or fine of three hundred thousand quotas or both.

  1. The penalty is for three-to eight-year-old deprivation of liberty:

  1. whether the fact is committed in inhabited housing, whether or not its inhabitants are present;
  2. if the event is carried out with the participation of children under 16 years of age;
  3. whether the event is executed by one or more persons acting as members of an organised group;
  4. (ch) if, as a result of the offence, serious injury occurs.

  1. The penalty is two to five years for which, with a profit motive, it subtracted a motor vehicle and takes over any of its components or parts thereof.

ARTICLE 323. In the case provided for in paragraph 1 of the previous Article, if the goods are of limited value, the penalty is for a period of three months to one year or a fine of 100 to three hundred or both.

ARTICLE 326. 1. The person who subtracted a motor vehicle for the purpose of using it or the other to use it temporarily, is punished with deprivation of liberty of one to three years or a fine of three hundred thousand quotas or both.

  1. The penalty is imprisonment of two to five years or a fine of three hundred thousand quotas or both:

  1. if, as a result of the event or at the time of the event, the vehicle is seriously damaged or any other serious injury;
  2. if the event is carried out by one or more persons acting as members of an organised group, or with the participation of persons under 16 years of age.

ARTICLE 327. 1. The fact that it is a piece of furniture of an alien belonging, with a profit motive, using violence or intimidation in people, incurs a penalty of imprisonment of seven to fifteen years.

  1. In the same sanction it incurs:

  1. (a) the person who is a member of the law of the European Union who is a member of the European Union, or who is a member of the European Union, or who is a member of the European Union;
  2. if the event consists in snatching the thing from the hands or from the person of the injured person.

  1. The penalty is for imprisonment of eight to twenty years, when:

  1. the fact is carried out on a public transport vehicle or passenger vehicle when the passenger is providing such a service;
  2. the fact is executed by wearing the uniform culprit of the members of the Revolutionary Armed Forces or any other armed body of the Republic, or pretending to be a public official or showing a false order or commandment of an authority.
  3. If the actual or on the occasion of the event of the event, injury is caused.

  1. The penalty is imprisonment of twenty to thirty years or a life imprisonment when:

  1. the fact is committed in inhabited housing;
  2. the fact is carried out carrying the commissor a firearm or other class or other instrument suitable for the aggression;
  3. the event is carried out by one or more persons acting as members of an organised group, or with the participation of persons under 16 years of age;
  4. (ch) the fact is executed by a person who has previously been executed, sanctioned for the crime of theft with force in things or robbery with violence or intimidation in the person.

  1. The penalty is for imprisonment of twenty to thirty years or death when:

  1. a firearm is used;
  2. a person is deprived of liberty;
  3. serious injuries are caused in the execution of the event or on the occasion of the event;
  4. (ch) violence or intimidation is carried out in the person of an authority or its agents in the performance of its duties or against any person who is in the provision of the security and protection services.

ARTICLE 328. 1. It is punishable by imprisonment of three to eight years to the one who subtract a piece of furniture of other belonging, with a profit motive, concurring in the fact some of the following circumstances:

  1. enter the place or leave it by a way not intended for that purpose;
  2. use of a false key, or use of the true one that has been subtracted or found, or from ganzua or other similar instrument. For this purpose, cards, magnetic or perforated, and controls or instruments for remote or other purposes of equal purpose are considered keys;
  3. breaking of wall, ceiling or floor, or fracture of doors or windows, or of their locks, aldabas or closures;
  4. (ch) fracture of a cabinet or other type of furniture or closed or sealed objects, or by forcing their locks, or their subtraction to fracture or violate them elsewhere, even if the fracture or violence does not come to pass;
  5. the use of alarm or surveillance systems;
  6. use of force on the same thing.

  1. The penalty is for imprisonment of eight to twenty years when:

  1. the fact is committed in inhabited dwelling not finding its inhabitants present;
  2. the fact is executed by wearing the uniform guilty of the members of the Revolutionary Armed Forces or any other armed forces of the Republic, or pretending to be a public official;
  3. the event is executed by taking advantage of the moment a cyclone, earthquake, fire or other public calamity takes place;
  4. (ch) if the subtracted objects are of considerable value.

  1. The penalty is for imprisonment of twenty to thirty years or imprisonment for life:

  1. if the fact is committed in inhabited dwelling with its inhabitants present;
  2. if the event is carried out by a person who has previously been executed for the offence of theft with force on things or theft with violence or intimidation in persons;
  3. the event is carried out by one or more persons acting as members of an organised group, or with the participation of children under 16 years of age.

  1. The preparatory acts for the offence provided for in this Article are sanctioned in accordance with Article 12 (5).

ARTICLE 329. In the case provided for in paragraph 1 of the previous article, if the goods stolen are of limited value and the conduct of the infringer does not reveal high danger, the penalty is one of three years imprisonment or a fine of three hundred thousand years. quotas, or both. "

ARTICLE 21. A Chapter, which shall be the second Chapter II, shall be added to Title XIV of Book II of the Criminal Code:

CHAPTER II

MONEY LAUNDERING

ARTICLE 346.1. He who acquires, converts or transfers resources, property or rights to them relative, or attempts to perform these operations, with knowledge or must know, or to assume rationally for the occasion or circumstances of the operation, that they come directly or indirectly from acts related to the illicit trafficking of drugs, the illicit trafficking of arms or persons, or related to organized crime, is punishable by imprisonment of five to twelve years.

  1. In the same sanction, it incurs the one that covers or prevents the real determination of the nature, origin, location, destination, movement or true ownership of resources, goods or rights to them relative, knowingly, having to know or to suppose In the case of the operation, they should be used for the purposes of the offences referred to in the previous paragraph.

  1. If the facts referred to in the preceding paragraphs are made out of inexcusable ignorance, the penalty will be two to five years of imprisonment.

  1. The offences provided for in this Article are sanctioned independently of the crimes committed on their occasion.

  1. The persons who are responsible for the offences referred to in the preceding paragraphs shall also be subject to the penalty for the confiscation of property. "

ARTICLE 22. In addition to Book II of the Criminal Code, TITLE XV, "Crimes against Normal Migratory Traffic", which shall be worded as follows:

TITLE XV

CRIMES AGAINST THE NORMAL MIGRATORY TRAFFIC

CHAPTER I

TRAFFICKING IN PERSONS

ARTICLE 347.1. The fact that, without being legally empowered, organized or promoted, for profit, the entry into the national territory of persons with the purpose of emigrating to third countries, is sanctioned with deprivation of liberty of seven to fifteen years.

  1. In the same way, it incurs that, without being able to do so and for profit, organize or promote the departure of the national territory of people who are in it for third countries.

ARTICLE 348.1. The person who penetrates the national territory using a ship or aircraft or other means of transport for the purpose of carrying out the illegal departure of persons, incurs a sentence of imprisonment of ten to twenty years.

  1. The penalty is imprisonment of twenty to thirty years or life imprisonment when:
  1. the fact is carried out carrying the commissor a weapon or other instrument suitable for the aggression;
  2. in the commission of the fact violence or intimidation is employed in people or force in things;
  3. in the commission of the event the life of the persons is endangered or serious injury or the death of them;
  4. (ch) if among the persons who are transported, there is one who is less than fourteen years of age. "

FINAL PROVISIONS

FIRST: Article 56 (4) of the Penal Code is repealed and all legal provisions are contrary to the provisions of this Law.

SECOND : This Law will begin to apply from 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."