Law Amending Of The Criminal Code

Original Language Title: Ley Modificativa del Código Penal

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Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-modificativa-del-codigo-penal

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: in recent years has been advised an increase in certain types of criminal activity, as well as the emergence of new forms of crime which is completely incompatible with the widespread ethical principles of Cuban society and requires a proper and forceful, response in order to practical measures, both in the sphere of legislation, in particular on those relating to the criminal code.

POR_TANTO: The National Assembly of the Popular power in use of the powers that are conferred in article 75, paragraph b) of the Constitution, adopts the following: law 87 law amending the code criminal article 1. Amending articles 30 and 31 of the Penal Code, which will be drawn up as follows: article 30.1. The penalty of deprivation of liberty may be perpetual or temporary.

 
The penalty of life imprisonment can be imposed as a main penalty in crimes in that expressly is established or alternatively in the crimes that they expected the death penalty.
 
To the sanctioned to perpetual imprisonment not can be granted the benefits of conditional release or diversion licence. However, exceptionally, the Court sanctioning, on thirty years of imprisonment that can give freedom conditional if for reasons founded and with compliance with the requirements set out in article 58 of this code, on, is deserving of it.
 
The sanction of temporary deprivation of liberty may not exceed thirty years. However, the Court may extend its term without limit of duration in the following cases: criminal offences in which to appreciate the extraordinary aggravation of the penalty, this would exceed thirty years;
in the crimes in which to appreciate the recidivism or multirreincidencia, the sanction exceeding thirty years;
(to the form is sanction joint, in accordance with it planned in the subsection b), of the paragraph 1, of the article 56.
 
The time of arrest or detention suffered by the sanctioned pay full-fledged to the duration of the sanction.
 
The penalty of deprivation of liberty is fulfilled in prisons that have the Act and its regulations. The characteristics of such establishments and the minimum periods in which the sanctioned must remain in each are determined in the regulations.
 
The sentenced to deprivation of liberty to meet the sanction distributed in groups, and only in the cases provided for in the regulations can be arranged that meet it isolated.
 
The men and the women meet it sanction of deprivation of freedom in establishments different, or in sections separate of them same.
 
Children under 20 years of age met the sanction in specially designated to them, or in separate sections of the destined to that age or older. However, with regard to the 20 to 27 years can provide complying with its sanction in equal conditions than those.
 
In prisons applies the regime progressive as a method for the temporary deprivation of liberty sanctions compliance and as a basis for the concession, in these cases, the parole provided for in this code.
 
The sanctioned cannot be subjected to corporal punishment, nor is it admissible to employ against him any action which means humiliation or that result in impairment of its dignity.
 
During the implementation of the sanction, the sanctioned suitable for work carried out work useful, if they have access to it.
 
The Court, at the request of organ of the Ministry of the Interior and heard the opinion of the Prosecutor, may, during the term of compliance with the sanction of temporary deprivation of liberty is imposed, replace it with any of the subsidiary penalties provided for in articles 32, 33 and 34, for the term that subtract you from the deprivation of liberty initially applied to the sanctioned , provided that the following requirements: only replaceable freedom custodial sanctions imposed for a term not exceeding five years;
the sanctioned should have extinguished, at least, the third part of the imposed sanction case sanctioned primary, half of the imposed sanction in the case of a recidivist or two thirds if it is a multiple. However, for the recidivists and multirreincidentes, the Court can provide replacement of the sanction when the sanctioned extinguished, at least a third of that, if the requirements referred to in the following paragraph, concur so relevantemente positively that justify the advance grant of the benefit.
 
The Court, to proceed with the replacement referred to in the preceding paragraph, must take into account the nature of the offence and the circumstances, the social connotation of the fact, the behavior of the sanctioned in the penitentiary establishment, as well as their personal characteristics.
 
Once ready the replacement of the custodial penalty of freedom, referred to in paragraphs 13 and 14, governed on, the provisions of paragraphs 3, 4, 5, 6, 7 and 8 of article 32; paragraphs 3, 5, 6, 7, 8 and 9 of article 33 and paragraphs 3, 5, 6 and 7 of article 34, according to the sanction that has applied the Court as a replacement of the originally imposed imprisonment.
 

ARTICLE 31. 1. when the sentenced to perpetual or temporary deprivation of liberty, detained in penitentiaries: les is remunerated by the socially useful work. Such remuneration deducted the amounts needed to cover the cost of its maintenance, meet your family's needs and satisfy the liabilities stated in the judgment, as well as other legally established obligations;
It provides them clothing, footwear and articles of first necessity, appropriate;
It facilitates their normal daily rest and a day of weekly rest;
ch) provides them with medical and hospital assistance, in case of illness;
It grants them the right to obtain the long-term benefits of social security, in cases of total disability caused by accidents at work. If, by the own cause, the inmate dies, his family will receive the corresponding Inns;
given opportunity to receive and extend their cultural and technical; preparation
in accordance with the provisions of the regulations, provided the possibility of exchanging correspondence with no inmates in prisons and receive visits and consumer goods; is authorized the use of the conjugal Pavilion; is les provides opportunity and means of enjoy of recreation and of practice sports in accordance with the activities programmed by the establishment prison; and promoted them to better prison conditions.
 
The people under 27 years of age held in prisons receive a technical education or train them in the exercise of a profession in accordance with their ability and level of schooling.
 
In the case of sanctioned temporary deprivation of liberty: can be granted, as he is stated in the regulations, exit permits of the penitentiary establishment for a limited time;
the disciplinary tribunal can be granted, for reasons justified and upon request, license extrapenal during the time deemed necessary. The Minister of the Interior, can also grant it for extraordinary reasons, communicating to the President of the Popular Supreme Court.
 
Extrapenales licenses and permits out of the penitentiary establishment time refers to which the preceding paragraph, they are paid at the end of the duration of the custodial penalty of freedom, whenever the sanctioned, in the enjoyment of the license or permit, you have observed conduct. Markdowns of sanction that have been granted him to the sanctioned during the fulfillment of that are also paid to such term.
 
Long as the sanctioned remains in a hospital by being appreciated the condition of alcoholic or drug addict habitual requiring treatment, will be calculated at the end of the imposed sanction. In terms of the sanctioned detained in penitentiary establishment which, as symptoms of mental derangement, has been subjected to security measure, it will be, for the purposes of the calculation of the time remaining in this situation, what the law of criminal procedure."
 

ARTICLE 2. Amending paragraphs 2 and 5 of article 35 of the Penal Code, which will be drawn up as follows: "2. the fines will be made up of quotas, which shall not be less than nor greater than fifty pesos weight."

 

The fine is paid within the period of thirty days from the request for payment made by the Court. After this term without becoming effective, the Court will have the collection thereof by way of enforcement which establishes the relevant legislation. In case of insolvency, the sanctioned will be held in the establishment that determined by the Court for the time that is necessary so that, with his work, it meets the fine or the part of it not paid, suffering personal urgency at the rate of one day per share, which may not exceed six months if there is a fine of two hundred shares or less , or for two years if it is greater than this amount to thousand of dues, and up to eight years in other cases. "As soon as the sanctioned meets fine or the part of it missing pay, will cancel the personal urgency."
 

ARTICLE 3. Modifies paragraph j) of article 53 of the Penal Code, which shall be worded as follows: "j) be spouse and the relationship between the offender and the victim up to the fourth degree of consanguinity or second of affinity." "This aggravating only is has in has in them crimes against the life and the integrity body, and against the normal development of them relationships sexual, the family, the childhood and the youth."

 

ARTICLE 4. Repealing subsection m) of article 53 of the criminal code and is added to article 54 a paragraph, which will be the 4, which shall be worded as follows: "4. the Court, in cases of intentional crimes, will increase up to twice the minimum and maximum limits of the penalty provided for the offence committed, if when you run the fact the author is dying a penalty or security measure or subject to a measure precautionary prison" provisional or escapee of a penitentiary or during the period of test corresponding to its conditional remission."

 

ARTICLE 5.  Amending article 55 of the criminal code, which shall be worded as follows: "article 55. 1 there are recidivism when to the crime the offender already had executorily been sanctioned previously by another intentional crime, either of the same species or different species.

 
There are multirreincidencia when to the commit the guilty already had been executorily sanctioned with previously by two or more crimes intentional, well be these of the same species or of species different.
 
With respect to the defendant who commits an intentional crime punishable by penalties which exceed one year's deprivation of liberty or three hundred shares of fine, court fit you the sanction as follows: If previously has been sanctioned for a crime of the same species that is judged, the resulting scale after have increased by one-third its limits minimum and maximum;
If previously has been sanctioned for two or more crimes of the same kind of which is deemed, within the resulting scale after having increased in half its limits minimum and maximum;
If previously it has been sanctioned by a crime of species other than which is deemed, within the resulting scale after having increased by a fourth part limits minimum and maximum;
ch) if previously it has been sanctioned for two or more crimes of species other than that judges, within the resulting scale after having increased by one-third its minimum and maximum limits.
 
With respect to the defendant who commits an intentional crime, punishable by sanctions up to one year of deprivation of liberty or three hundred shares of fine, the Court may adapt the sanction as indicated in the paragraph that precedes.
 
In either of these cases, the Court can provide, in its own judgment, that, once fulfilled the sanction of deprivation of liberty, the sanctioned is subject to a special surveillance of the organs of the National Revolutionary Police for a period of three to five years, and impose some or all of the following obligations, which may be changed or modified at any time by the Court : prohibition of change of residence without the authorization of the Court;
prohibition of frequent media or certain places;
presentation before the Court in the opportunities that this previously set;
ch) any other measure that may contribute to their re-education.
 
For the purposes of the application of the provisions contained in this article, the courts shall take into account the rulings handed down by foreign courts, accredited these in accordance with the agreements signed by the Republic, or, failing that, by means of certification issued by the Central Registry of sanctioned. "
 

ARTICLE 6. (Subparagraphs b amending)) and (c) of paragraph 1 of article 56 of the Penal Code, which will be drawn up as follows: "b) If for all crimes in competition has set sanction of deprivation of liberty, imposes a single penalty, which may not be less than the greater rigour or exceed the total which has separately set for each offence;
(c) whether it has set fine to all offences, imposes a fine only, which may not be less than the greater rigour or may exceed the sum which they have imposed separately for each infringement;..."
 

ARTICLE 7. Paragraph is modified first paragraph 1 of article 58 of the Penal Code, which shall be worded as follows: "article 58. 1. the Court may dispose the parole of the sanctioned a temporary deprivation of liberty if, appreciating their individual characteristics and their behavior during the time of his detention, there are reasonable grounds to consider that has been amended and that the purpose of the punishment has been achieved without having to completely run the sanction, provided that it extinguished, at least ", one of the following terms:."

 

ARTICLE 8. Is added to article 147 of the criminal code a section, that will be the 2, which shall be worded as follows: "2. If disobedience is refusing to give their identity or hide the true, the sanction is imprisonment from six months to two years or fine of two hundred to five hundred quotas, or both."

 

ARTICLE 9. Amending articles 163 and 164 of the Penal Code, which will be drawn up as follows: article 163. 1 which you evade or attempt to evade the prison establishment or place that is serving punishment or safety measure, subject to pre-trial detention or custody, it subtracts or attempts to evade the surveillance of its custodians on occasion to be driven or moved, incur punishment of imprisonment of one to three years or fine of three hundred to one thousand shares.

 
If evasion or attempted evasion uses violence or force, or projects collectively, the penalty is imprisonment of four to ten years, regardless of which correspond to the crimes committed.
 
If the escapee is voluntarily presented within twenty days since his evasion, the sanction can be lowered even in two-thirds of its lower limit.
 

ARTICLE 164. 1 who procure or facilitate the evasion of an individual legally deprived of liberty, or hide or otherwise pay helps the escapee, incurs a sanction of imprisonment of two to five years.

 
If the fact is committed by the own public official responsible for monitoring or escapee or driving by who, without hold this character, it has taken on this task in fulfillment of a legal or social duty, the penalty is deprivation of liberty from three to eight years.
 
If evasion is caused by recklessness of the watchmen or custodians, the penalty is imprisonment of one to three years or fine of three hundred to one thousand shares.
 
In the case of the preceding paragraph, if the culprit manages the apprehension of the fugitive within a month of evasion, it is exempt from punishment. "
 

ARTICLE 10. Amending article 190 of the criminal code, which shall be worded as follows: "article 190. 1 incurs a sanction of imprisonment of four to ten years, that: without being authorized, produces, transport, traffic, acquire, enter or extract from the national territory or in its possession for the purpose of trafficking or attempt in any way to other, drugs, narcotics, psychotropic substances or other similar effects;
keep in its possession or to hide without immediately informing the authorities, finds drugs, narcotics, psychotropic substances or other similar effects;
cultivate the plant "Cannabis Indica', known for marijuana, or any other similar properties, or knowingly possesses seeds or parts of such plants. If the cultivator's owner, usufructuary or occupying any legal concept of land are assessed, as accessory penalties, confiscation of land or deprivation of the right, depending on the case.
 
The sanction is imprisonment from eight to twenty years if the acts referred to in the preceding paragraph are made with relatively large quantities of drugs or substances concerned.
 
The penalty is imprisonment of fifteen to thirty years or death: If the facts referred to in paragraph 1 is committed by public officers, authorities or their agents or auxiliaries, they facilitate their implementation, taking advantage of that condition or using means or resources of the State;
If the accused in transportation or international illicit traffic in drugs, narcotics, psychotropic substances or other similar effects enters national territory for any reason, using ship or aircraft or other means of transportation;

If the accused participates in any way in acts related to international illicit traffic in drugs or narcotics, psychotropic substances or other similar effects;
ch) if in the Commission of the offence referred to in the preceding paragraphs is used person younger than 16 years.
 
Which, to the have knowledge of the preparation or execution of any of the crimes expected in this article, not it denouncing, incurs in sanction of deprivation of freedom of two to five years.
 
Preparatory acts of the offences set forth in this article are punished in accordance with article 12.5.
 
(Con independencia de lo dispuesto en el inciso c) paragraph 1, policymakers declared by any of the offences envisaged in this article, can be imposed on them, in addition, the accessory penalty of confiscation of property. "
 

ARTICLE 11. Amending articles 211 and 212 of the Penal Code, which will be drawn up as follows: "article 211. 1 which, without legal authorization, purchase, porte, or have in his possession a firearm, incurred penalties of deprivation of liberty from two to five years.

 
If the fact is to manufacture, sell or in any way provide a firearm to another, the penalty is imprisonment of three to eight years.
 
In the case of firearm in class for which license is granted, the penalty is of: deprivation of liberty from three to eight years, in the case of paragraph 1;
imprisonment of four to ten years, in the case of paragraph 2.
 

ARTICLE 212. 1. is punishable by imprisonment from six months to two years or a fine of two hundred to five hundred quotas, which, possessing license or legal authorization to carry a firearm: La porte in place or opportunity that is prohibited by order of the competent State authority;
pay or attempt in any way to another such weapon.
 
In the cases provided for in the preceding paragraph the confiscation of the weapon is imposed, as accessory sanction."
 

ARTICLE 12. Amending article 240 of the Penal Code, which shall be worded as follows: "article 240. 1 which, without prior authorization from the State body specifically empowered to do so, sacrificing livestock, it is punished with imprisonment of four to ten years.

 
Who sell, transport or trade won more illegally slaughtered meat in any form is punishable by deprivation of liberty from three to eight years.
 
Who knowingly purchase meat from cattle slaughtered illegally, more incur punishment of imprisonment of three months to one year or a fine of one hundred to three hundred quotas, or both.
 
Who knowingly purchase won more illegally slaughtered meat to supply it to centres of development, production, trade or sale of food, incurred penalty of deprivation of liberty from two to five years.
 
He who, without previously put it to the attention of the competent authority for proper verification, slaughtered livestock which has suffered an accident which must make his sacrifice, incurred penalties of a fine of one hundred to three hundred quotas.
 
In cases of Commission of the offences set forth in this article the Court shall impose as accessory penalties, confiscation of property."
 

ARTICLE 13. Article 244 of chapter II and chapter III amending both, title VI of the Penal Code, which will be drawn up as follows: "article 244.1.  Which remove or attempt to remove the country's goods involved in cultural heritage, without legal formalities, incurred penalties of imprisonment of two to five years or fine of three hundred to one thousand shares.

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

CHAPTER III TRANSMISSION, HOLDING ILLEGAL OF GOODS OF THE HERITAGE CULTURAL AND COUNTERFEITING OF WORKS OF ART ARTICLE 245.1. He who, without legal formalities, make any translational Act of the domain or possession of a good part of the cultural heritage, incurred penalty of imprisonment of one to three years or fine of three hundred to one thousand shares, or both.

 
In equal sanction incurred which, without meet them formalities legal, purchase or have in their power by any concept a well the heritage cultural or that proceed of a property declared monument national or local.
 

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

 
If serious damage is caused as a result of the planned events in the preceding paragraph, the penalty is imprisonment of two to five years."
 

ARTICLE 14. The paragraph is changed first of article 263 of the criminal code, which shall be worded as follows: 'article 263. "Is punishable by imprisonment of fifteen to thirty years or death to which kills another by going to any of the following circumstances:."

 

ARTICLE 15. Amending article 298 of the Penal Code, which shall be worded as follows: "article 298. 1. is it punishable by imprisonment of four to ten years to who has carnal access with a woman, either by normal means, or against nature, provided that on the fact if any of the following circumstances: use the guilty of force or enough intimidation to achieve its purpose;
found the victim in a State of mental alienation or mental disorder, or private sense or reason for any cause, or incapacitated to resist, or devoid of the faculty to understand the scope of their action or direct their behavior.
 
The punishment is imprisonment from seven to fifteen years: If the fact is executed with the assistance of two or more persons;
If guilty, to facilitate the implementation of the fact, wearing military uniform, or pretending to be a public officer;
If the victim is of twelve major and minor fourteen years of age.
 
The penalty is imprisonment of fifteen to thirty years or death: If the fact is executed by a person who previously has been executorily punished for the same offense;
If as a consequence of the fact, are injuries or illness serious;
If the offender knows that it is a sexually transmitted disease.
 
In same penalty provided for in the preceding paragraph is, that access carnal with less than twelve years of age, although circumstances envisaged in paragraphs that precede are not fulfilled."
 

ARTICLE 16. Amending paragraph 2 of article 299 of the Penal Code, which shall be worded as follows: "2. the penalty is imprisonment of fifteen to thirty years or death: If the victim is a minor 14 years of age even when not fulfilled on the fact the circumstances provided for in paragraph 1;"
If as a consequence of the fact they are injury or serious illness;
If the fact is executed by a person who previously has been executorily punished for the same offense."
 

ARTICLE 17. Amending article 302 of the criminal code, which shall be worded as follows: "article 302. 1 incurs a sanction of imprisonment of four to ten years, which: induce, or otherwise cooperate or promote to another exercise prostitution or carnal trade;
directly or through third parties, possess, handle, manage, operate or in total or partially to finance a local, establishment or dwelling, or part thereof, where the exercise of prostitution or any other form of carnal trade;
get, however, benefits from the exercise of prostitution by another person, provided that the fact does not constitute a more serious crime.
 
The punishment is imprisonment from ten to twenty years in the facts referred to in the preceding paragraph when any of the following circumstances: If the accused, by the functions they perform, participate in activities, in any way, with the protection of public health, the maintenance of public order, education, tourism, youth or address the fight against prostitution or other forms of carnal trade;
If it is used in the execution of the fact, threat, blackmail, coercion or abuse of authority, always the concurrence of any of these circumstances does not constitute a more serious crime;
If the victim of the crime is a disability that is for any reason in the care of the offender.
 
The penalty is twenty to thirty years of deprivation of liberty in the following cases: when the fact is to promote, organize or encourage the entry or exit from the country of persons in order that they engaged in prostitution or any other form of carnal trade;
If the fact is executed by a person who previously has been executorily sanctioned by the offence set forth in this article;
When the author of the events referred to in the preceding paragraphs usually takes place them.
 
In cases of Commission of the offences set forth in this article be imposed also as accessory sanction of confiscation of property.
 
Is considered carnal trade, for the purposes of this article, any action of stimulation or intercourse as gainful exploitation."
 

ARTICLE 18. Amending paragraph 2 of article 310 of the Penal Code, which shall be worded as follows: "2. the penalty is imprisonment of twenty to thirty years or death in the following cases: If the author uses violence or intimidation to achieve its purposes;"

If as a consequence of the acts referred to in the preceding paragraph, is cause injury or illness to the child;
If you are using more than one child for the performance of the acts provided for in the preceding paragraph;
ch) if the fact is done by who has the power, guardian or care of the child;
If the victim is under twelve years of age or is in a State of mental alienation or mental disorder, or private reason or sense any cause or unable to resist;
When the fact is executed by two or more persons."
 

ARTICLE 19. Amending the section second of chapter III, corresponding to the title XI, Articles 315 and 316 of the Penal Code, which will be drawn up as follows: section second other acts contrary to the NORMAL development of the minor article 315.1. Which not treats or neglect the education, maintenance or assistance of a person less of age that have low your power or saves and care, incurs in sanction of deprivation of freedom of three months to a year or fine of one hundred to 300 quotas or both.

 
Same penalty incurred which, having been deprived of parental authority, does not contribute to the sustenance of their children, under the conditions and for the period established by law.
 
Which induces a minor to leave their home, Miss school, reject the educational work inherent in the national education system or breaching their duties related to the respect and love of country, incur punishment of imprisonment of three months to one year or a fine of one hundred to three hundred quotas, or both.
 

SECTION THREE SALE AND TRAFFIC OF CHILDREN ARTICLE 316.1. Which sells or transfers in adopting a less than sixteen years of age, to another person, in Exchange for reward, financial or other compensation, incurred penalties of imprisonment of two to five years or fine of three hundred to one thousand shares or both.

 
The sanction is of three to eight years of deprivation of freedom when in them made to is refers the paragraph previous concur any of them circumstances following: If is comment acts fraudulent with the purpose of cheat to the authorities;
If it is committed by the person or head of the institution which has the minor under his custody and care.
If the purpose is to move the child out of the country.
 
The penalty is from seven to fifteen years of deprivation of freedom when the purpose is to use the minor in any form of international traffic, related to the practice of acts of corruption, pornographic, the exercise of prostitution, trade in organs, forced, activities linked to drug trafficking or illicit drug use.
 
The sanctions provided for in this article are imposed whenever the facts do not constitute a crime of greater significance."
 

ARTICLE 20. Amending Articles 322, 323, 326, 327, 328 and 329 of the Penal Code, which will be drawn up as follows: "Article 322. 1 which takes a movable thing of employed persons belonging, for profit, incurred penalties of imprisonment of one to three years or fine of three hundred to one thousand shares or both.

 
The punishment is deprivation of liberty from three to eight years: If the fact is committed on housing inhabited being present or not its inhabitants;
If the fact is carried out with the participation of children under 16 years of age;
If the fact is executed by one or more persons acting as members of an organized group;
ch) if as a result of the crime, serious damage occurs.
 
The penalty is two to five years with non-profit removes a motor vehicle and taking over any of its component parts or any of its parts.
 

ARTICLE 323.  In the case referred to in paragraph 1 of the preceding article, if the stolen goods are of limited value, the sanction is imprisonment from three months to one year or a fine of one hundred to three hundred quotas, or both.

 

ARTICLE 326. 1 that removes a motor vehicle for the purpose of using it or another to use it temporarily, is punished with imprisonment of one to three years or fine of three hundred to one thousand shares or both.

 
The sanction is imprisonment from two to five years or fine of three hundred to one thousand shares or both: If as a consequence of the fact or on the occasion of the same, the vehicle suffers damage or is any other serious harm;
If the fact is performed by one or more persons acting as members of an organized group, or with the participation of persons under 16 years of age.
 

ARTICLE 327. 1 which takes a movable thing of employed persons belonging, for profit, using violence or intimidation in people, incurred penalties of imprisonment from seven to fifteen years.

 
Same penalty incurred: which subtract one thing Cabinet outside membership if, immediately after mission the fact uses violence or threat of imminent violence against a person to retain the stolen thing or to achieve impunity for the Act;
If the fact is to snatch the thing hands or over the handicapped person.
 
The punishment is imprisonment from eight to twenty years, when: the fact runs on a public transport or passenger vehicle when it is providing such service;
the made is running wearing the guilty uniform of them members of them forces armed revolutionary or of any other body armed of the Republic, or pretending to be official public or showing an order or commandment fake of an authority.
If in the execution of the fact or on the occasion of the same injury.
 
The penalty is imprisonment of twenty to thirty years or life imprisonment when: the fact is committed in inhabited dwelling;
the fact is carried out the comisor carrying a firearm or of another class or another instrument suitable for aggression;
the fact is performed by one or more persons acting as members of an organized group, or with the participation of persons under 16 years of age;
ch) the fact is executed by a person who previously has been executorily sanctioned by the crime of theft with force in things or theft with violence or intimidation in people.
 
The penalty is imprisonment of twenty to thirty years or death when: it makes use of a firearm;
are deprived of freedom to a person;
in the execution of the fact or on the occasion of the same is cause serious injury;
ch) violence or intimidation occurs in the person of an authority or its agents in the exercise of their functions, or against any person who is in the provision of security and protection services.
 

ARTICLE 328. 1. is punishable by deprivation of liberty from three to eight years to that subtract a movable thing of employed persons belonging, for profit, concurring in the fact of any of the following circumstances: enter the place or get out of it by a route not intended for that purpose;
use of false key, or use the real which had been removed or found, or pick or other analogous instrument. For these purposes, are considered key cards, magnetic or punched, and controls or opening remote instruments or others of the same purposes;
breaking of wall, ceiling or floor, or breaking doors or windows, or its locks, latches or locks;
ch) split of Cabinet or other kind of furniture or objects closed or sealed, or forcing their locks, or its theft to fracture them or violating them elsewhere, even when the fracture or violence not consummated;
disable the system alarm or surveillance;
use of force about the same thing.
 
The punishment is imprisonment from eight to twenty years when: the fact is committed in the dwelling inhabited not being present residents;
the fact runs wearing the guilty even of the members of the revolutionary armed forces, or any other body armed Republic, or pretending to be a public officer;
the fact runs taking advantage of the moment in which it takes place a cyclone, earthquake, fire, or other public calamity;
ch) if the stolen objects are of considerable value.
 
The penalty is imprisonment of twenty to thirty years or life imprisonment: If the fact is committed on housing inhabited being present residents;
If the fact is executed by a person who previously has been executorily sanctioned by the crime of robbery with force in things or theft with violence or intimidation in people;
the fact is performed by one or more persons acting as members of an organized group, or with the participation of children under 16 years of age.
 
Preparatory acts of the offence provided for in this article are punished in accordance with article 12.5.
 

ARTICLE 329. In the case referred to in paragraph 1 of the preceding article, if the stolen goods are of limited value and the conduct of the offender not reveals high danger, the sanction is imprisonment of one to three years or fine of three hundred to one thousand shares, or both."

 

ARTICLE 21. A chapter, which will be the II, which shall be worded as follows is added to Title XIV of book II of the Penal Code: chapter II laundering of money article 346.1. Which acquire, convert or transfer resources, property or rights thereto related, or attempt to perform these operations, with knowledge or must know or rationally assume by the occasion or circumstances of the operation, which are directly or indirectly related to the illicit trafficking of drugs, the illicit trafficking of weapons or people, or acts related to organized crime incurred penalties of deprivation of liberty from five to twelve years.

 

Same penalty incurred which conceal or prevent the actual determination of the nature, origin, location, destination, movement or true ownership of resources, property or rights to them relating, knowingly, and must know or rationally assume, by the occasion or circumstances of the operation, which came from the offences referred to in the preceding paragraph.
 
If the facts referred in paragraphs that precede are committed through inexcusable ignorance, the sanction will be two to five years of deprivation of liberty.
 
The offences set forth in this article are punished independently of those committed on the occasion of them.
 
Trumps declared responsible for the offences mentioned in the preceding paragraphs, in addition, the accessory penalty of confiscation of property."
 

ARTICLE 22. It is added to the book II, of the Penal Code, the title XV, "Crimes against the Normal traffic migration", which shall be worded as follows: title XV crimes against the NORMAL traffic migration chapter I traffic of people article 347.1. Which, without being legally entitled, organize or promote, with non-profit the entry into the national territory of persons in order that they emigrate to third countries, is punished with imprisonment from seven to fifteen years.

 
Same penalty incurred, without being entitled to do so and with non-profit organizes or promotes the exit from the national territory of persons who are in it to third countries.
 

ARTICLE 348.1. Which enters the national territory using ship or aircraft or other means of transport in order to carry out the illegal departure of persons, incurred penalties of deprivation of liberty from ten to twenty years.

 
The penalty is imprisonment of twenty to thirty years or life imprisonment when: the fact is done wearing the comisor a weapon or other instrument suitable for aggression;
the Commission of the fact uses violence or intimidation in people or force in things;
in the Commission of the fact becomes endangered people's lives or result in serious injury or death
"(ch) if among them people that is transported, is located some that is less of fourteen years of age."
 

PROVISIONS to end first: Repealing paragraph 4 of article 56 of the criminal code and how many legal provisions is contrary to provisions of this law.

 

Second: This law will begin to run upon its publication in the Official Gazette of the Republic.

 

 

GIVEN in the Chamber of the National Assembly of the Popular power, Palacio de las Convenciones, in the city of Havana on sixteenth day of the month of February of thousand nine hundred ninety-nine, "Year of the 40th anniversary of the triumph of the revolution".