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Law Of The People's Courts

Original Language Title: Ley de los Tribunales Populares

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Law of the People's Courts



Document: Law of the People's Courts
Type of document: Law
Date of issue: 11/07/1997
Number of Legal Instrument: Law No 82
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, in session of July 11, 1997, corresponding to the IX Regular Session of the Fourth Legislature, has approved the following:

AS REGARDS : The National Assembly of People's Power, in the 11th regular session of the Third Legislature, held on 10, 11 and 12 July 1992, approved reforms to the Constitution of the Republic, referring, among other things, to provisions They concern the People's Courts, which have an impact on the rules contained in Law No. 70 of 12 July 1990, "Law of the People's Courts", and which, in such a virtue, need to be modified, in order to frighten them into the constitutional text.

AS REGARDS : While the provisions contained in Law No. 70 of 1990, cited above, have contributed to continue to improve the structure, organization and functioning of the system of Popular Courts, the reforms of the Constitution mentioned above, and the significant experience acquired during these years of application of the aforementioned legislation, make it necessary to continue to develop the process of perfecting the judicial system, so that it continues to favor, by its structural and organic flexibility, the solution of the new situations that have been presented, at the same time as with current instruments and possibilities, the effectiveness of judicial activity will continue to be expanded, by the achievement of its best organic development, and achieved in the staff of the People's Courts, higher levels of stability, with the necessary consequences of gaining extensive experience and high technical qualifications.

AS REGARDS : Given the necessary coherence and greater efficiency in the organic order of the People's Courts, it is appropriate to reformulate aspects related to, among others, their management bodies and the functions assigned to them, the choice of and extension of the mandates of the judges, as well as concerning their movements within the system of Popular Courts, in their function as such; and the assumption by the Supreme People's Court of functions attributed by Law No. 70 of 1990, to the Ministry of Justice, referring to economic and administrative matters of the Provincial Courts Popular Municipal.

AS REGARDS : By virtue of the principle enshrined in the Constitution that the function of imparting human justice is to be taken into account in the interest expressed by the representative organizations of the workers, the peasants, the women, the (a) students of higher education and the general population, in relation to the institution of Judge Lego, as an active member of the organs of the administration of justice, it is necessary to regulate the effective participation of such persons. organizations in the process of forming the candidacies of those Judges, for their election by the Assemblies of People's Power.

AS REGARDS : The number and importance of the modifications that are general from the aforementioned reforms, their scope and those that are of imperative need to realize, in order to be a coherent legal all, evidence the convenience of the formulation of a new law on the organization of the People's Courts, in which these changes are incorporated, harmonizing them with those norms, which, because of their proven effectiveness, are not required for variation.

FOR TANK : In use of the faculty granted to him by Article 75, point b, of the Constitution of the Republic, the National Assembly of People's Power has approved the following:

ACT 82

LAW OF THE PEOPLE ' S COURTS

TITLE FIRST

PRINCIPLES AND GUARANTEES OF THE JUDICIAL FUNCTION

ARTICLE 1. -1. The courts constitute a system of state organs, structured with functional independence of any other, and subordinate hierarchically to the National Assembly of People's Power and the State Council.

  1. The courts that this Law establishes are governed by the principles enshrined in the Constitution, which govern the organization and functioning of the state organs.

ARTICLE 2. -1. The judges, in their role of imparting justice, are independent and must not obey more than the law.

  1. The judicial function, moreover, is fundamentally in line with the following principles:

  1. (a) justice is provided on the basis of the equality of all citizens before the law and the court;

  1. (b) the judicial function is exercised in accordance with the law;

  1. (c) any defendant is entitled to the defence and is presumed innocent as long as no conviction has been made against him;

  1. (d) only the competent courts, in accordance with the law, impose penalties for acts that constitute crimes;

  1. e) the judgments or rulings of the courts are pronounced on behalf of the people of Cuba;

  1. (f) for the acts of imparting justice, all courts operate in a collegiate manner and participate, with equal rights and duties, professional judges and legal judges;

  1. (g) the views of the judgments are public, except in cases other than the law;

  1. (h) justice is waived free of charge.

ARTICLE 3.-The function of imparting the right of the people and is exercised in their name by:

  1. (a) the Supreme People's Court;

  1. (b) The Popular Provincial Courts;

  1. c) Popular Municipal Courts;

  1. (d) the Military Courts.

ARTICLE 4.-The activity of the courts has as main objectives:

  1. a) Fulfilling and enforcing socialist legality;

  1. (b) to safeguard the economic, social and political order established in the Constitution;

  1. (c) to protect life, liberty, dignity, family relations, honor, heritage, and other legitimate rights and interests of citizens;

  1. (d) to protect the socialist property, the staff of the citizens and the other forms of property that the Constitution and the laws recognize;

  1. (e) to protect the legitimate rights and interests of organs, agencies and other State entities; of political, social and mass organizations; as well as of companies, associations and other private entities which are the law;

  1. (f) to prevent breaches of law and anti-social behaviour, to repress and re-educate those who incur them and to restore the rule of law when they have been violated;

  1. (g) to settle labour disputes and social security disputes, to review the decisions given by the bodies and bodies which are part of the State administration in those cases which the law points out;

  1. to raise the social legal awareness, in the sense of strict compliance with the law, making in its decisions the necessary pronouncements to educate the citizens in the conscious and voluntary observance of their duties of loyalty to the and respect for the norms of social coexistence.

ARTICLE 5.-The courts are obliged to comply with the Constitution and other legal provisions, as well as the general instructions from the State Council, which they receive through the Council of Government of the Popular Supreme Court.

Article 6.-The courts must bring to the attention of the Prosecutor General's Office the violations of the law that they warn during the processing or examination of the proceedings and the judicial acts, in order for it to act in order for the legality to be restored.

ARTICLE 7.-The legality is guaranteed in the judicial activity by:

  1. (a) the obligation of state bodies and bodies and public bodies to comply with and enforce judgments and other final decisions of the courts, which are subject to the limits of their jurisdiction;

  1. (b) the obligation of citizens, political, social and mass organizations, as well as of national and foreign companies, associations and other private entities to comply with and enforce the rulings and other final decisions of the courts, both for those who are directly affected by them, and for those who, having no direct interest in their execution, are obliged to facilitate their enforcement;

  1. (c) the remedies authorized by law against final judgments and other decisions of the courts;

  1. (d) the functions of management, supervision and inspection carried out by the higher courts on the judicial activity of the lower courts;

  1. (e) the obligation of the courts to issue final rulings or judgments and other judicial decisions which proceed, without the exception of any derogation or excuse;

  1. (f) the obligation of the courts to effectively implement the final rulings and to monitor compliance with them by the bodies responsible for intervening in the implementation process; and to carry out the actions at their disposal. relevant procedural laws, when the execution of their rulings falls to other bodies of the State.

Article 8. -1 The general name of judges includes all those who make up the courts and in them they impart justice, whatever the instance they do.

  1. It is understood under the particular name of:

  1. Professional Judges, elected as such to perform their duties in the Supreme People's Court and in the Provincial and Municipal Courts.

  1. (b) Permanent Substitute Professional Judges, to those elected as such to replace the Professional Judges with the right to be entitled to the case of absence, illness, incompatibility, excuse or any other legal impediment, regardless of provided for in Article 70.

  1. (c) Non-Permanent Alternate Professional Judges, the Jurists of the Supreme People's Court, as well as the Teachers of the Law Faculties of the Universities of the Country, elected as such to perform their duties for certain These are periods in the respective Popular Provincial Courts; and the newly-graduated from the aforementioned Faculties who, exceptionally, are elected as such to perform their duties in the Popular Municipal Courts.

  1. (d) "Judge Legos", to the legal entities that are elected as such for the performance of those duties for a given period.

ARTICLE 9.-Judges cannot be suspended or revoked but in cases that are recorded in the law.

ARTICLE 10.-The judicial year coincides with the calendar year.

ARTICLE 11.-The stamp to authorize the court documents is uniform throughout the national territory. It contains the shield of the Republic, and in the orla the name of the court to which it corresponds.

TITLE SECOND

THE POPULAR COURTS

CHAPTER I

GENERAL PROVISIONS

ARTICLE 12. -1. The jurisdiction of the People's Courts in their different degrees is in line with the needs of the judicial function.

  1. The jurisdiction of the courts, chambers and sections is established in the relevant procedural law.

  1. The jurisdiction, jurisdiction, organization and integration of the Military Courts, as well as the election, designation, revocation and responsibility of the military judges, are determined by the Law of the Military Courts.

Article 13. The courts are constituted and exercise their functions, in their respective offices, and, when they deem it necessary, they can do so within their territorial jurisdiction, in the places where the justiciable facts occurred or where it is more convenient for the purposes of the imparting of justice.

ARTICLE 14. -1. The courts assist each other in the execution of all the measures necessary to practice outside their respective territories.

  1. The rogatory commissions to be delivered to foreign courts are in accordance with the requirements laid down in the International Conventions or Treaties, and in their absence, are carried out through the Ministry of Foreign Affairs. External relations, adapting their form to the provisions laid down by the Ministry.

  1. The People's Courts take charge of the letters rogatory by foreign courts, provided that they are received by the conduit and with the requirements established in the International Conventions or Treaties, or in their absence, in the rules legal force.

CHAPTER II

POPULAR SUPREME COURT

SECTION FIRST

General Provisions

ARTICLE 15. -1. The Supreme People's Court exercises the highest judicial authority and its decisions in this order are final.

  1. Through its Governing Council, it exercises the legislative initiative in relation to the administration of justice and the regulatory authority; it takes decisions and dictates general rules of enforced compliance by all the courts and, on the The Court of Justice of the European Court of Justice has held that the Court of Justice held that the Court of Justice held that the Court of Justice

SECTION 2

Jurisdiction and Headquarters

ARTICLE 16.-The Supreme People's Court exercises its jurisdiction throughout the national territory and is based in the capital of the Republic.

SECTION III

Integration and Structure

ARTICLE 17. -1. The Supreme People's Court is composed of its President, Vice-Presidents, Presidents of Chambers and other professional and legal judges.

  1. The structure of the Supreme People's Court includes: the Governing Council and the Chambers of Justice. Sections of these rooms can be created in different territories when the needs of the service so require.

  1. The Supreme People's Court also has administrative units assigned to the presidency of that body, which are responsible for ensuring the activities complementary to those of a judicial and governmental nature in the People's Courts. The organization; structure and functions of these units are established in the Regulation of this Law.

SECTION 4

Governing Council of the Supreme People's Court

ARTICLE 18. The Governing Council of the Supreme People's Court is composed of the President of the Court, who presides him, the Vice-Presidents and the President of each of the Chambers.

  1. At the sessions of the Governing Council of the Supreme People's Court, the Minister of Justice and the Attorney General of the Republic are invited, who participate in a voice but without a vote.

  1. It may also be invited to meetings of the Governing Council, other state and government authorities, when, for the purpose of the matter, it is of interest to these authorities. If they attend, they can participate in a voice but without a vote.

ARTICLE 19-1. It is for the Governing Council of the Supreme People's Court:

  1. (a) transfer to the courts the general instructions received from the State Council;

  1. (b) to rule, at the request of the National Assembly of the People's Power or the Council of State, on the constitutionality of laws, decrees, decrees and other general provisions;

  1. (c) exercise the legislative initiative in relation to the administration of justice;

  1. (d) to know, evaluate and approve the draft report of the Supreme People's Court of the National Assembly of the People's Power;

  1. (e) to examine and evaluate the judicial practice of its own rooms and of the other courts;

  1. (f) exercising control and supervision of the judicial activity of all courts;

  1. (g) to evacuate any general consultations which may be held by his own Chambers, the courts, the Prosecutor General of the Republic and the Minister of Justice;

  1. to provide general instructions of a binding nature for the courts, for the purpose of establishing a uniform judicial practice in the interpretation and application of the law;

  1. ask the State Council, where necessary, for the general and compulsory interpretation of a law in force;

  1. (j) to deal with matters of jurisdiction which are, by reason of the matter, raised between the courts;

  1. (k) address the conflicts of power between the bodies of the Central Administration of the State and the courts;

  1. (l) evaluate and approve proposals to the National Assembly of People's Power for the election of professional judges of the Supreme People's Court;

  1. (m) to know and approve the proposals of candidates of professional judges of the Provincial and Municipal Courts, who are elevated to him by the Councils of Government of the Popular Provincial Courts;

  1. n) organize the Professional Superation System of the judges of the People's Courts, according to the needs of each instance; and approve the respective plans;

(n) organise the technical training of the auxiliary and administrative staff of the People's Courts; and approve the respective plans;

  1. (o) organise, direct and control the implementation of the "Work System with the State Tables and their Reserve" in relation to the staff of the People's Courts;

  1. (p) decide on the structures and templates of jurisdictional charges and of the auxiliary staff of the People's Courts;

  1. approve the creation of sections of the Chambers of the Supreme People's Court to hear about specialised matters or when the needs of the service so require;

  1. (r) approve the creation or removal of the People's Courts and of Chambers or Sections thereof;

  1. (s) determine the order in which the Vice-Presidents of the Supreme People's Court replace the President of that Court, in the case of temporary absence or impairment;

  1. (t) determine the order in which the Presidents of the Chambers of the Supreme People's Court replace the President and Vice-Presidents of that Court, in the case of temporary absence or simultaneous impairment of the same, or the Vice-Presidents, when proceed;

  1. (u) determine the order in which the Professional Judges of each room replace the President of the Chamber, in cases of temporary absence or impediment;

  1. agree on the Rules of the People's Courts;

  1. (w) approve calls for competition or merit contests for income or promotions in the System of Popular Courts;

  1. (x) approve the proposals to the State Council for the granting of judges and other workers of the People's Courts, of decorations and honorary degrees;

  1. and) approve the draft budget and the Technical Plan-Material in all its categories, of the People's Courts.

  1. The Governing Council, for the purposes of points (e), (f) and (h) of the preceding paragraph, may:

  1. (a) to request a report from the Presidents of the Chambers of the Supreme People's Court;

  1. (b) to request the Presidents of the Provincial and the Popular Municipal Courts, reports on the judicial practice of their respective courts;

  1. (c) to convene the Presidents of the Supreme People's Court and the Presidents of the Popular Provincial and Municipal Courts.

SECTION QUINTA

President and Vice-Presidents of the Supreme People's Court

ARTICLE 20.-Corresponds to the President of the Supreme People's Court:

  1. (a) represent and direct the System of People's Courts and, in particular, the Supreme People's Court;

  1. (b) convene and preside over the Governing Council of the Supreme People's Court;

  1. (c) to convene and preside at the Court in plenary, where it is constituted for acts of justice, as laid down in the relevant procedural law;

  1. (d) to prepare and submit to the National Assembly of the People's Power, after approval by the Governing Council of that Court, the report of the accountability of the People's Courts;

  1. (e) take care of the implementation and enforcement of the agreements of the Governing Council of the Supreme People's Court;

  1. (f) to request, for examination, the proceedings of any proceedings that he is aware of or has known any court;

  1. (g) provide that professional judges of the Supreme People's Court sit in the headquarters of the Popular Provincial and Municipal Courts, and examine the judgments given and the processes involved, as well as obtain the data relating to the judicial activity of the courts, to report on the problems concerning the uniform application of the law and to give an opinion on the need to agree instructions on this matter or proposals for the improvement of the legislation;

  1. (h) provide the necessary measures for the Court's internal order;

  1. (i) exercising disciplinary functions in accordance with the laws in force;

  1. (j) take the necessary measures in cases of serious discrepancies between the judges of the Court itself;

  1. (k) to assign, after elected, the judges of the Supreme People's Court to the corresponding Chambers, with the exception of those who have been for that of the Military;

  1. (l) provide that judges belonging to a Chamber of the Supreme People's Court may, on a provisional basis, integrate another Chamber of the Supreme Court, except that of the Military, according to the conveniences of the judicial service;

  1. (m) to present to the appropriate government body, the draft budget and technical plan-material in all its categories, the People's Courts; to disaggregate the approved figures; and to maintain the control of its execution;

  1. (n) propose to the National Assembly of People's Power and the Provincial Assemblies of the People's Power, respectively, candidates for the election of professional judges of the People's Courts, once approved by the Governing Council of that Court. In the case of professional and legal judges of the Military Chamber of the Supreme Court, the proposal is made jointly with the Minister of the Revolutionary Armed Forces;

(n) account to the Governing Council of the Supreme People's Court of the offences which the judges of the Supreme Court may have committed during the performance of their duties;

  1. (o) to deal, as appropriate, with the matters to be heard by the Governing Council of the Supreme People's Court;

  1. (p) appoint the staff to fill the technical, administrative and service positions of the staff of the Court itself;

  1. (q) appoint the judicial secretaries of the Provincial People's Courts;

  1. approve the plans of collaboration, dissemination and judicial information for the System of Popular Courts and control its execution;

  1. (s) approve the economic-administrative and economic inspection, control and audit plans to be carried out in the popular courts, monitor their execution and evaluate their results;

  1. (t) provide that professional judges of the Supreme People's Court, with the exception of those of the Military Chamber, exercise judicial functions, temporarily, in any Provincial People's Court, where necessary;

  1. (u) to call on the Presidents of the Provincial and Provincial Courts to give them reports on the judicial practice of their respective courts.

ARTICLE 21-1. The Vice-Presidents of the Supreme People's Court assume the functions that the President delegates to them and replace them in cases of temporary absence or impediment, in the order that the Governing Council of that Court establishes.

  1. The Vice-Presidents are provisionally replaced by the Presidents of the Chamber who correspond, in accordance with the order predetermined by the Governing Council of the Supreme People's Court.

SECTION 6

Presidents of the Chamber of the Supreme People's Court

ARTICLE 22. -1. The Presidents of the Chamber of the Supreme People's Court, in addition to the jurisdictional powers, have the following powers and duties:

  1. (a) represent the Chamber and direct and direct its work;

  1. (b) comply with and enforce the agreements of the Governing Council, as well as the provisions of the President of the Supreme People's Court;

  1. (c) to keep the order due and the discipline in the Chamber;

  1. (d) to direct the Secretary of the Chamber and, through the Chamber, the work corresponding to the Secretariat;

  1. (e) account to the President of the Supreme People's Court of any action taken by any of the judges of the Chamber, which considers cause for revocation of the mandate or disciplinary correction;

  1. f) to issue with the President of the Supreme People's Court the matters concerning the work of the Chamber and, as appropriate, that of the Chambers of the same specialty of the Popular Provincial Courts;

  1. (g) to issue, as appropriate, with the Presidents of the Division of the Speciality of the People's Provincial Courts, the matters concerning the work of the People's Courts;

  1. (h) to present the reports requested by the Governing Council, or the President of the Supreme People's Court;

  1. (i) to preside over the Chamber in the acts of justice in which they intervene.

  1. The Presidents of the Chamber of the Supreme People's Court also propose to the Governing Council, as appropriate:

  1. measures to ensure the uniform interpretation and application of the laws by all courts in respect of each specialised branch;

  1. (b) matters relating to his or her speciality in the judicial practice of other courts which have been visited for the purposes of the supervision, supervision and advice of the court;

  1. (c) legislative, regulatory or otherwise legislative measures of a normative nature which, according to the respective cases, are deemed necessary for the effective performance of the functions conferred by the law on the Governing Council and which are Relationship with aspects that are directly relevant to the Chamber

SECTION 7

Chambers of the Supreme People's Court

ARTICLE 23. -1. The Chambers of the Supreme People's Court are as follows:

  1. (a) the Criminal Court;

  1. (b) Civil and Administrative Chamber;

  1. (c) Labour Chamber;

  1. (d) the Court of State Security Crimes;

  1. (e) Military Chamber.

  1. (f) Economic Chamber.

  1. They may be set up within the Chambers set out in the preceding paragraph, sections to be known for specialised matters where required, or where the needs of the service so require.

  1. For the acts of imparting justice, the Chambers and Sections of the Supreme People's Court are constituted by two professional judges, one of whom is presiding and a judge of the law.

  1. By way of derogation from the above paragraph, the Chambers and Sections of the Supreme People's Court are constituted for the purpose of imparting justice by three professional judges, one of whom is presiding, and two legal judges, in cases where determines the Regulation of this Law.

SECTION 8

Special Room of the Supreme People's Court

ARTICLE 24. -1. A Special Chamber of the Supreme People's Court is formed to learn of:

  1. (a) the remedies established against the judgments handed down in the first instance by the Chambers of the Criminal, the State Security Crimes, and the Military of the Supreme People's Court;

  1. (b) revisions which are established against their own judgments by deciding on the resources referred to in the preceding paragraph;

  1. (c) the procedures of the Judicial Inspection that are promoted by the authorities empowered by the law, against sentences handed down by the Military Chamber of the Supreme People's Court.

  1. The Special Chamber of the Supreme People's Court is composed of the President of the Court; two Presidents of Chambers, two professional judges and two legal judges of any Chamber. None of the members of the Special Chamber may have intervened in the substantiation and failure of the cases in which the judgments under appeal, subject to Review or to the Judicial Inspection, were given.

  1. In the cases of Judicial Inspection, whenever possible, the Special Chamber of the Supreme People's Court shall be a professional judge and a judge of the Military Chamber of the Tribunal.

CHAPTER III

POPULAR PROVINCIAL COURTS

SECTION FIRST

Jurisdiction and Headquarters

ARTICLE 25. -1 In each province there is at least one Provincial Court.

  1. The Popular Provincial Courts exercise their jurisdiction in the territory of the respective provinces and have their headquarters where the Governing Council of the Supreme People's Court is determined.

  1. Without prejudice to the provisions of the foregoing paragraphs, in the Special Municipality of Isle of Youth, there is a Special People's Court with a category of provincial authority, and to which the provisions of the Chapter.

SECTION 2

Integration and Structure

ARTICLE 26. Each Provincial People's Court shall be composed of its President, Vice-President or Vice-Presidents, as the case may be, Presidents of Chambers and other professional and legal judges.

  1. The structure of each Provincial People's Court comprises the Governing Council and the Chambers of Justice.

  1. In addition to the Presidency of each Provincial People's Court, there is a unit of administration charged with ensuring the general administrative order, as regards the internal rules of the Court and the Popular Municipal Courts of its territory.

SECTION III

Governing Council of the Provincial People's Court .

ARTICLE 27-1. The Governing Council of the Provincial People's Court is formed by the President of the Court, who presides him, by him or the Vice-Presidents and by the Presidents of each of the Chambers.

  1. The sessions of the Governing Council of the Popular Provincial Courts can be invited to the Provincial Chief Prosecutor, who participates in a voice, but without a vote.

  1. They may also be invited to meetings of the Governing Council, other authorities when, for the purpose of the matter, it is of interest to them. If they attend, they can participate in a voice, but without a vote.

ARTICLE 28-1. It corresponds to the Governing Council of the Popular Provincial Courts:

  1. (a) determine the order in which the Presidents of the Chambers of the People's Provincial Court shall replace the President and Vice-Presidents of that Court, in the case of temporary absence or simultaneous impediment thereof, or the Vice-Presidents when proceed;

  1. (b) to request the Presidents of the Court of Justice and the Presidents of the Popular Municipal Courts of their respective territories, reports on judicial practice;

  1. (c) to evaluate and propose to the Governing Council of the Supreme People's Court, the candidacies of professional judges of the Provincial Court and the Popular Municipal Courts of its territory;

  1. (d) develop plans for the professional technical improvement of judges and auxiliary staff of the Provincial Court and the Popular Municipal Courts of their territory, and raise them to the Governing Council of the Supreme People's Court for approval. Monitor the implementation of approved plans;

  1. (e) to raise the President of the Supreme People's Court, the proposals on income, promotions or the cessation of his or her duties, where appropriate, of judges of the Provincial Court or of the Popular Municipal Courts of its territory;

  1. f) propose to the Governing Council of the Supreme People's Court the creation or suppression of Popular Courts in the province and its Chambers or Sections;

  1. (g) propose to the Governing Council of the Supreme Court Popular amendments to the structures and templates of judicial offices and the technical and auxiliary personnel of the People's Courts of the province;

  1. (h) approve the preliminary draft budget and the Technical-Material Plan, in all its categories, of the People's Courts of the province.

  1. (i) to know and evaluate the results of inspections, controls and audits carried out in the People's Courts of the province; and to make recommendations to the President of the Provincial Court.

  1. The Governing Council, for the purposes of point (b) of the preceding paragraph, may:

  1. (a) to request a report from the Presidents of the Chambers of the Provincial People's Court;

  1. (b) to request the Presidents of the Popular Municipal Courts, reports on the judicial practice of their respective courts;

  1. c) to convene the Presidents of the Popular Municipal Courts.

SECTION 4

Presidents of the People's Provincial Courts

ARTICLE 29.-Corresponds to the Presidents of the Popular Provincial Courts:

  1. (a) represent and direct the respective Provincial People's Court;

  1. (b) comply with and enforce by the Chambers of the Court and the Popular Municipal Courts of its territory, the provisions of the President and the agreements and instructions of the Governing Council of the Supreme People's Court; decisions taken by the Governing Council of the Provincial Court itself;

  1. c) report to the Supreme People's Court on the work of the Provincial Court and the Popular Municipal Courts of its territory;

  1. (d) to arrange for judges of the Provincial People's Court to be held in the headquarters of the Popular Municipal Courts and to examine the general activities of these courts, referring to the President of the Supreme People's Court significant recovery in the exercise of this activity;

  1. (e) request to examine them, the actions of any process that they are aware of or have known any of the rooms of the Tribunal that he presides or some of the Subordinate Popular Municipal Courts;

  1. (f) to raise general consultations, to the Governing Council of the Supreme People's Court;

  1. (g) exercising disciplinary functions in accordance with the provisions of the law;

  1. (h) take the necessary measures in cases of serious discrepancies between the judges of the Court itself;

  1. (i) assign the elected judges of the Provincial People's Court to the respective chambers;

  1. (j) provide that judges assigned to a Chamber of the People's Provincial Court may be able to integrate another Chamber of the People's Court of the People's Court of Justice;

  1. (k) to request the Presidents of the Chamber and of the People's Municipal Courts of their respective territories to request the reports to be obtained;

  1. (l) arrange for the provisional replacement of the Presidents of the Popular Municipal Courts in the manner provided for in Article 70 (5);

  1. (m) to call the non-permanent alternate professional judges of that Court, referred to in Article 8 (2) (c), to exercise their functions as such and to assign them to the Chamber which requires it, where the needs of the activity Court of Justice.

  1. (n) appoint permanent alternate professional judges of the Provincial People's Court to fill in the Provincial Court itself or in the Municipal People's Courts of the territory.

(n) have professional judges of the People's Municipal Courts of the province exercise their duties provisionally in the Provincial People's Court or in another Municipal Court of the territory itself, in the case of temporary absence of judges professional, and when the needs of the activity so require, giving the President of the Supreme People's Court and communicating it to the Presidents of the Assemblies of the People's Power of the territories involved. The maximum term for the provisional performance of these functions is three months;

  1. (o) propose to the President of the Supreme People's Court the appointment of the Secretary of the Provincial People's Court, heard by his Government Council;

  1. (p) to raise the President of the Supreme People's Court with the preliminary draft budget and material technical plan in all its categories of the People's Courts of the province;

  1. (q) to monitor the implementation of the approved budget and technical plan.

ARTICLE 30.-The Vice-Presidents of the Provincial People's Court assume the functions that the President delegates to them and replace them in cases of temporary absence or impediment. In the event of more than one Vice-President, the replacement is made in accordance with the order established by the Governing Council of that Court.

SECTION QUINTA

Presidents of the Chambers of the People's Provincial Courts

Article 31. The Presidents of the Chamber of the Popular Provincial Courts have, in addition to the judicial powers conferred upon them by the laws of procedure and the regulations, the following powers and duties:

  1. (a) directing and orienting the work of the Chamber;

  1. (b) comply with and enforce the agreements of the Governing Council of the Supreme People's Court, as well as the provisions of the President of the Provincial People's Court and its Governing Council;

  1. (c) to direct the Secretary of the Chamber, and through it, the work which corresponds to the Secretariat;

  1. direct the preparatory work of the annual work plan of the Chamber and its final preparation, in accordance with the instructions of the President of the Provincial People's Court;

  1. (e) to keep order and discipline in the Chamber;

  1. (f) account to the President of the Provincial People's Court of any action taken by any of the judges of the Chamber, which in his judgment constitutes a cause of revocation of a mandate or a disciplinary correction;

  1. (g) to issue with the President of the Provincial People's Court the matters concerning the work of the Chamber, and, as appropriate, with the Municipal People's Courts of the province, in the respective specialty;

  1. (h) preside over the Chamber in the acts of justice in which they intervene;

  1. (i) direct the drawing up of reports on the work of the Chamber;

  1. (j) analyze the activity of the Popular Municipal Courts, in the field of the respective subjects, and propose to the President of the Court, the measures he understands to remedy the deficiencies that may be observed;

  1. (k) to give the President of the Court serious discrepancies between the Judges of the Chamber.

SECTION 6

Halls of the People's Provincial Courts

ARTICLE 32. In each Provincial People's Court, the following rooms are available:

  1. (a) the criminal;

  1. (b) Civil and Administrative;

  1. (c) Labour;

  1. (d) the offences against State Security;

  1. (e) Economic.

ARTICLE 33.1 Notwithstanding the provisions of the previous article, the Governing Council of the Supreme People's Court may:

  1. to set up chambers for the purpose of dealing with matters in specialised matters, where required;

  1. to remove any of the rooms provided for each Provincial People's Court;

  1. create more than one of the Chambers referred to in the previous Article, in the same Provincial People's Court, where the population density or the volume or nature of the cases or the area of competence requires it. These rooms may perform their duties in the seat of the court or in any other municipality of the territory in which they exercise their jurisdiction.

  1. The Governing Council of the Supreme People's Court may create more than one Provincial People's Court in the territory of the same province, where required, for the best performance of the judicial function;

ARTICLE 34. Where, in accordance with the provisions of point (c) of the preceding Article, one of the Chambers provided for in each Provincial People's Court is abolished, the Governing Council of the Supreme People's Court decides whether to extend to another Provincial Court Popular competition to learn about the issues that correspond to the deleted or attribute the knowledge of these to another Chamber of the same Provincial People's Court.

ARTICLE 35. -1. The Chambers of the Popular Provincial Courts are constituted, for the acts of imparting justice, by a professional judge, who presides it and two legal judges.

  1. By way of derogation from the previous paragraph, the Chambers of the People's Provincial Courts are constituted for the purpose of imparting justice, by three professional judges, one of whom is presiding, and two legal judges, in cases which determines the Regulation of this Law.

CHAPTER IV

POPULAR MUNICIPAL COURTS

SECTION FIRST

Jurisdiction and Headquarters

ARTICLE 36. The Popular Municipal Courts exercise their jurisdiction in the territory corresponding to the municipalities in which they radiate and have their headquarters in the head of these, although it may be located in different places, always within the territory of the municipality, by determination of the Governing Council of the Supreme People's Court, when circumstances so warrant.

  1. By way of derogation from the previous paragraph, the Governing Council of the Supreme People's Court may provide:

  1. (a) the extension of the jurisdiction of the Municipal People's Court to know the criminal, civil and labor matters of other adjoining municipalities, provided that they are within the same province;

  1. (b) the extension of the jurisdiction of the Section corresponding to a Municipal People's Court to know the criminal, civil and labor matters of other adjoining municipalities, provided that they are within the same jurisdiction province.

  1. The Governing Council of the Supreme People's Court may also have:

  1. (a) the creation of more than one Municipal People's Court within the territorial demarcation of a municipality;

  1. b) the creation or deletion of Sections in a Municipal People's Court.

SECTION 2

Integration and Structure

ARTICLE 37. -1. Each Municipal People's Court is composed of its President, Presidents of Sections in his case, and other professional and legal judges.

  1. The People's Municipal Courts are not divided into Chambers, but Sections may be set up in them to know of the specialized subjects, when the population density, the volume or the nature of the cases, or the scope of competence.

ARTICLE 38. For the acts of imparting justice, the Popular Municipal Courts, or their Sections, are made up of a professional judge and two legal judges; and always acts as President the professional judge.

SECTION III

Presidents of the Popular Municipal Courts

ARTICLE 39.-Corresponds to the Presidents of the Popular Municipal Courts:

  1. (a) represent and direct the respective Municipal People's Court;

  1. (b) comply with and care for the Tribunal to implement the provisions of the President of the Supreme People's Court and the instructions and agreements of its Governing Council, as well as the decisions of the President and the Governing Council of the Court of Justice Provincial People's Party;

  1. (c) report to the President of the Provincial People's Court on the work done by the Municipal People's Court;

  1. (d) take the necessary measures in cases of serious discrepancies between the judges of the Court itself;

  1. (e) propose to the President of the respective Provincial People's Court the creation or removal of sections, when the needs of the service advise;

  1. (f) organise the sections, where appropriate, by assigning them to the judges who must integrate them;

  1. (g) to raise general consultations with the Governing Council of the Supreme People's Court, through the President of the Provincial People's Court;

  1. (h) to give an account to the President of the Provincial People's Court when the judges of the Municipal People's Court are responsible for disciplinary correction of those provided for in Article 71.

CHAPTER V

ACCOUNTABILITY

ARTICLE 40.-The Supreme People's Court through its President, surrenders the work done by the People's Courts by reporting to the National Assembly of People's Power, at least once in each legislature. To this end, the Popular Provincial Courts are reporting their work, including that of the Popular Municipal Courts, to the President of the Supreme People's Court.

Article 41.-The Provincial and Municipal Courts, through their respective Presidents, are accountable to the corresponding Local Assemblies of the People's Power, about issues of the work they do, according to the interest of Assemblies, at least once in the term of office.

TITLE III

THURSDAY

CHAPTER I

REQUIREMENTS

ARTICLE 42. -1. To be elected a professional judge of the People's Courts, the following requirements are required:

  1. (a) be entitled to the exercise of the law by title issued or revalidated by a university or an authorized official institution;

  1. b) being a Cuban citizen;

  1. c) enjoy good public concept and have good conditions

  1. In addition to the requirements set out in the previous paragraph, to be elected a professional judge it is necessary to have exercised as a jurist, or the teaching in the Faculties of Law of some of the national universities, during:

  1. (a) ten years, if the choice is for the Supreme People's Court;

  1. (b) five years, if it is for a Provincial People's Court;

  1. (c) two years, if it is for a Municipal People's Court. Except for this term, the new graduates of the Faculties of Law referred to in Article 8 (2) (c).

  1. For the purposes of determining the time of experience referred to in the previous paragraph, periods of activity may be added in the designated posts or functions.

  1. In the case of the professional judge of the Military Chamber of the Supreme People's Court, it is required, in addition to the requirements set out in paragraphs 1 and 2, that it be provided with active military service.

  1. In order to enter the courts, as a professional judge, the candidates must also be in the relationship of candidates approved in the opposition exercises that the Governing Council of the Supreme People's Court will convene, according to the regulatory standards to be given to this effect. The charges of President and Vice-Presidents of the Supreme People's Court and the Popular Provincial Courts are excepted.

  1. However, exceptionally, the President of the Supreme People's Court may propose candidates to the constituent body, without prejudice to the requirements of paragraphs 2 and 5 of this Article, where the prevailing circumstances are not permit the observance of such requirements.

ARTICLE 43. -1. In order to perform the function of a judge of any court, the following requirements are required:

  1. (a) maintain a good attitude to the work or to the activity of social interest which it carries out;

  1. (b) to possess an adequate level of education, good moral conditions, and to enjoy a good public concept.

  1. In addition to the requirements set out in the previous paragraph, in order to be elected a judge it is necessary to have complied:

  1. (a) thirty years of age, if the choice is for the Supreme People's Court;

  1. (b) 25 years of age, if it is for a Provincial People's Court;

  1. Twenty-one year old, if it is for a Municipal Court

  1. In conjunction with the requirements set out in the preceding paragraphs, in the case of the judge lego of the Military Chamber of the Supreme People's Court, it is required that he be provided with active military service.

ARTICLE 44.-Judges of the People's Courts cannot be elected:

  1. (a) those who are physically or mentally unfit for judicial function;

  1. (b) those who have been punished, as long as they have not complied with the sanction and obtained their rehabilitation, and provided that the offence committed is not of those which cause the public concept to be diminished;

  1. (c) those who are subject to a criminal offence. It is understood to be subject to prosecution, since any precautionary measure has been enacted or the criminal action has been exercised by the prosecutor.

CHAPTER II

ELECTION

SECTION FIRST

PROFESSIONAL JUDGES

ARTICLE 45. -1. The President and the Vice-Presidents of the Supreme People's Court are elected by the National Assembly of People's Power, on a proposal from the President of the State Council.

  1. The Presidents and other professional judges who must be members of the Supreme People's Court are elected by the National Assembly of People's Power, on a proposal from the President of the Supreme People's Court.

  1. By way of derogation from the previous paragraph, the President and other professional and legal judges who must integrate the Military Chamber of the Supreme People's Court are elected on a joint proposal from the Minister of the Armed Forces. Revolutionary and the President of the Supreme People's Court.

Article 46.1.-The Presidents, Vice-Presidents, Presidents of Chambers and other professional judges of the Popular Provincial Courts, are elected by the respective Provincial Assemblies of the People's Power, on a proposal from the President of the Court Popular Supreme.

2.-The Presidents and other professional judges of the Popular Municipal Courts are elected by the respective Provincial Assemblies of the People's Power. In any case, and prior to the election, the President of the Municipal Assembly of the People's Power of the territory to which the judge in question should be assigned is heard.

  1. In the case of the Popular Courts of the municipality of Isla de la Juventud, its Presidents, Presidents of Sala and other professional judges, are elected by the Municipal Assembly of People's Power, corresponding to that territory, on a proposal from the President of the Supreme People's Court.

4.-The permanent alternate professional judges are attached to the staff of professional judges of each provincial court of the People's Court and replace the professional judges who are the members of the Provincial People's Court, as well as those of the Popular Municipal Courts within the respective territorial demarcation, in the cases referred to in Article 8 (2) (b).

ARTICLE 47-1. Professors of the Faculty of Law of the universities of the country and jurists of the Supreme People's Court, they can be elected by the Provincial Assemblies of the People's Power as non-permanent substitute professional judges of the Courts, Proposal by the President of the Supreme People's Court, without affecting his employment relationship.

  1. Recently graduated from the Faculty of Law of the Universities of the country, they can be elected by the Provincial Assemblies of the People's Power on a proposal from the President of the Supreme People's Court, as non-permanent alternate professional judges to perform their duties in the Municipal People's Courts of the territory.

ARTICLE 48.-The People's Power Assemblies may, exceptionally, elect professional judges on a proposal from the President of the Supreme People's Court, without the requirements of Article 42 (2) and (5).

SECTION 2

LEGOS THURSDAY

Article 49.1.-The legal judges of the Supreme People's Court, the Popular Provincial Courts and the Popular Municipal Courts are elected by the respective People's Power Assemblies. They present the Commissions for the Selection of Candidates and the Nomination of Candidates of Legos, in the National, Provincial and Municipal authorities.

2.-The judges of the People's Courts of the Special Municipality of Isla de la Juventud are elected by the Assembly of the People's Power of that territory, of the candidacies presented to them by the Commission formed to this end.

3.-The Commissions referred to in the previous paragraphs are composed of representatives of the Cuban Workers ' Federation, who preside over them, of the Committees of Defense of the Revolution, of the Federation of Cuban Women, of the Association National of Small Farmers and the Federation of University Students, designated by the respective national, provincial and municipal addresses, at the request of the Presidents of the corresponding People's Power Assemblies.

4. In the event that any of the organizations mentioned in paragraph 3 are not represented in any municipality, a representative is appointed by the corresponding provincial directorate.

5.-In no case can a member of the Commission integrate the nomination.

ARTICLE: 50.1.-The President of the corresponding Assembly of the People's Power must initiate the process of constitution of the Commissions, within a period of not less than six months prior to the date of celebration of the assembly of election of judges In order to ensure that, within that period, the process of selection and submission of applications is carried out.

2.-The Commissions in the development of their work, are supported in the respective courts.

3.-The proposals of candidates are made in basic assemblies in labor centers, neighborhoods, rural areas and centers of university studies, as appropriate, convened and directed by the respective organizations, at the request of the President of the Commission.

4.-Once elected by the basic assembly as candidates to propose for election by the Assembly of the People's Power that corresponds, the Commission should consult the opinion of how many institutions, organizations and job centers, are estimated relevant.

5.-Confected by the President of the respective People's Court.

6.-The determination of the number of legal judges to be proposed for their election by the respective Assembly of People's Power is adjusted to the figure that meets the actual needs of each Court, increased by 20%, which constitutes the the reservation of legal judges of the Court in question.

7. The relevant regulation regulates the procedures for compliance with the provisions of this Section.

ARTICLE 51.-If, for any reason, during the term of the term of office, places of legal judges remain vacant and it is essential to cover them, the Governing Council of the Supreme People's Court, or, where appropriate, that of the Provincial People's Court of the President of the Assembly of the respective People's Power, who will elect those who will have to occupy them, by means of the established procedure.

SECTION III

GENERAL PROVISIONS

ARTICLE 52. -1. Professional judges and permanent alternate professional judges are elected without a term of office.

  1. The non-permanent alternate judges referred to in Article 47 (1) and the legal persons of all the People's Courts are elected for a period of five years. However, the end of their term of office remains, they continue in their posts until they are elected and take possession, if any, which must replace them.

  1. The non-permanent alternate judges referred to in Article 47 (2) are elected by the term established by the Regulation of this Law.

  1. Vacancies occurring within the term of the term of office referred to in paragraphs 2 and 3 are covered only by the remainder of the term of office.

ARTICLE 53. -1. Workers who are elected legal judges of any court will, for as long as they employ in the effective performance of the judicial function, the same salary or salary as they perceive in their workplace, and maintain the link with this to all the effects of the acquisition of rights and merits corresponding to them, in addition to the enjoyment of all additional benefits aimed at stimulating production or services, for as long as they remain in compliance with that function.

  1. The salaries paid by the labour centres to their employees who are legal judges in the People's Courts, during the effective exercise of their judicial function, are paid out of the budget of these Courts.

  1. Legal judges who do not have permanent employment links receive during the period of the judicial function a stipend to cover the costs incurred by transport and food.

  1. Legal judges perform their duties no more than one month each year, while their term of office lasts. However, the President of the Court to whom they are assigned may call upon them to exercise their mandate in a specific process whose trial has been suspended and required to continue, or where the nature of the facts to which it relates has relationship to their technical connection or craft or technical knowledge they possess.

CHAPTER III

PROMOTION, DEMOTION AND TRANSFER

ARTICLE 54.-For the purposes of this Law, it is considered to be a promotion, the case in which a permanent professional judge or permanent alternate of the People's Courts of the same province is appointed by the Governing Council of the Supreme People's Court. to occupy in those own courts:

  1. (a) a position of professional judge of the highest hierarchy to which he was acting;

  1. (b) a position of a professional judge in the Court of higher instance or category to that of the Court of Justice.

ARTICLE 55.-The promotions referred to in the previous article are carried out according to the results of the competitions of opposition and merits called by the Governing Council of the Supreme People's Court, in cases, opportunities and in the form that are regulated in the Regulation of this Law.

Article 56.-By demotion, for the purposes of this Law, the designation by the Governing Council of the Supreme People's Court, a permanent professional judge or permanent alternate of the People's Courts of a province, is considered. occupy in those own courts:

  1. (a) a position of professional Judge of the lower hierarchy to which he was acting;

  1. (b) a position of a professional judge in a lower court or category of the Court where he or she is acting.

ARTICLE 57. The demotions of professional judges referred to in the previous article are carried out by the Governing Council of the Supreme People's Court, either on its own initiative or at the request of the Governing Council of the respective Provincial Court.

2.-If the Governing Council of the Supreme People's Court is of its own motion, it must first hear the opinion of the Governing Council of the relevant Provincial People's Court.

ARTICLE 58. -1. In order to proceed with the demotion referred to in Article 56, in any event the appropriate file shall be instructed by the professional judge to be appointed by the Governing Council of the Supreme People's Court.

2.-The processing, formalities and terms of the file are regulated in the Regulation of this Law.

ARTICLE 59.-They are cause of demotion, the following:

  1. (a) by repeated non-compliance with the provisions or superior decisions referred to in Article 72 (j);

  1. b) for incompetence in the performance of the position for which he was elected;

  1. (c) for the imposition of two or more disciplinary correction measures.

Article 60.-When the convenience of the judicial service in the Popular Municipal Courts of the same category of a province so require, the Governing Council of the respective Provincial People's Court may decide the final transfer of a Professional Judge from one to another of those Municipal Courts, to continue in the same performance of the judicial functions for which he was elected.

Article 61. In the cases of promotion, demotion and transfer, as referred to in the previous articles, the President of the Provincial Assembly of the People's Power will always be heard before; and the Presidents of the Municipal Assemblies of the People's Power, which correspond, according to each case.

CHAPTER IV

INCOMPATIBILITIES

ARTICLE 62. -1. Professional judges during the effective exercise of their duties are not able to carry out another job or employment, either elective or appointed, with the exception of authority, administrative power or executive function, except in the case of teaching posts. Nor can they carry out gainful activities in a personal capacity, except those expressly specified in the Regulation of this Law. However, non-permanent alternate professional judges, although they retain the employment relationship with the body of origin, are recessionary in those activities during the period in which they perform the judicial functions effectively.

  1. Professional and legal judges may be elected delegates or deputies to the Assemblies of the People's Power, without being able to hold professional or executive positions in these bodies during the exercise of their judicial function.

ARTICLE 63.-They may not be part of the same Chamber or Section, in any Court, in the acts of imparting justice, judges who are united by marriage or kinship in the fourth degree of consanguinity or second degree of affinity.

CHAPTER V

SUSPENSION IN THE EXERCISE OF JUDICIAL FUNCTIONS

ARTICLE 64. -1. Judges may be suspended in the exercise of their judicial functions, by the President of the Supreme People's Court, in the following cases:

  1. (a) when they are subject to prior investigation by the Governing Council of the Supreme People's Court, or subject to criminal proceedings by the commission of crime, while the latter is being processed. It is understood to be subject to prosecution since any precautionary measure has been enacted or the criminal action has been exercised by the prosecutor;

  1. (b) where the processing of his or her revocation is initiated, or after it has been initiated, and until it is decided by the constituent body;

  1. (c) when it is noted that it has lost any of the requirements to be eligible;

  1. (d) where there is any cause which constitutes an impediment or incompatibility for the exercise of the office.

  1. The President of the Supreme People's Court may provide that, for the duration of the term of suspension, the professional judge who holds or permanent alternate shall be affected, perform administrative duties in a Court, with the salary corresponding to the the activity to which it is intended.

  1. The President of the Supreme People's Court, in the cases referred to in points (c) and (d) of paragraph 1, immediately gives an account to the relevant constituent body to decide on the revocation of the judge in the case.

  1. When a judge is suspended in the exercise of his judicial function, the President of the Supreme People's Court communicates it in his case, to the president of the Assembly of the People's Power who elected him and to the center of work of his origin.

ARTICLE 65. -1. The Governing Council of the Supreme People's Court is the only one empowered to proceed with acts of alleged crime, in which judges are involved in the exercise of their duties, giving the Attorney General of the the Republic in order to ensure that, where appropriate, it has the right to do so. To this effect, any authority, body, agency, official or citizen, who knows or presumes the commission of such acts, must always communicate it to the President of the Supreme People's Court, abstaining from any other action.

  1. In the case of cases of flagrant offences, the acting authority proceeds to the practice of the necessary prior proceedings and communicates it immediately to the President of the Supreme People's Court, in order to enable the Governing Council to proceed as follows: the provisions of the previous paragraph.

CHAPTER VI

EESC OF THE COURT ' S FUNCTIONS

Article 66. -1.-Judges cease in the exercise of their judicial function:

  1. (a) by retirement, in the case of professional judges;

  1. (b) by the expiry of the term of choice, in the case of legal judges;

  1. (c) by death;

  1. (d) for physical or intellectual incapacity to continue in the performance of the judicial function;

  1. (e) by resignation accepted by the body which elected them;

  1. (f) to carry out other duties;

  1. (g) for causing the active military service to be discharged, in the case of judges in the Military Chamber of the Supreme People's Court;

  1. (h) by revocation.

  1. They also constitute grounds for termination of the judicial function of the elected non-permanent alternate judges:

  1. (a) the expiry of the term of choice;

  1. (b) in addition, in the case of professors of the Faculties of Law and the jurists of the Supreme People's Court, for ceasing in the performance of these charges.

  1. In the case of the termination of a professional judge in the exercise of the judicial function, by any of the grounds set out in points (a), (c), (d), (f) and (g) of paragraph 1 and in the case of paragraph 2 (b), it is communicated by the President of the Supreme People's Court of the President of the People's Power Assembly, for his knowledge.

4. The termination of the judicial function of a judge is communicated to the President of the Assembly of the People's Power who elected him and to the center of work of provenance by the President of the respective People's Court.

ARTICLE 67. -1. Judges can only be revoked in the following cases:

  1. (a) to be included in any of the grounds provided for in Article 44 (b) and (c);

  1. (b) for the loss of any of the conditions required for his/her choice;

  1. c) for incompetence in the performance of the judicial function;

  1. (d) by negligence which causes or may cause serious harm to the administration of justice.

  1. The revocation of the judges can be agreed at any time by the body that elected them, either on their own initiative or at the request of the President of the Supreme People's Court.

  1. The constituent body, before agreeing on the revocation of any judge, if appropriate on its own initiative, hears the opinion of the President of the Supreme People's Court.

ARTICLE 68. -1. The resignation of the President or the Vice-Presidents of the Supreme People's Court is elevated to the President of the State Council, who submits it for his knowledge and resolution to the National Assembly of the People's Power or the State Council, if it happens. between one and another session of the Assembly.

  1. The resignations of the Presidents of the Chambers and judges of the Supreme People's Court, are elevated to the National Assembly of People's Power or to the State Council, if it occurs between one and another session of the Supreme People's Court, for their knowledge and resolution.

  1. In the case of the Presidents, Vice-Presidents and Presidents of Chambers of the Popular Provincial Courts: of the Presidents of the Popular Municipal Courts; and of the professional judges of those Courts, the resignation refers to the Provincial Assembly of People's Power that elected him, for his consideration and decision.

  1. If it is a legal judge, the resignation refers to the corresponding constituent body, for its knowledge and decision.

  1. The resignations are referred to as a professional judge by the President of the Supreme People's Court; and in the case of legal judges by the President of the Court in which they perform their duties.

ARTICLE 69.-Notwithstanding the provisions of the foregoing articles, the retired or resigning judge who, in the respective cases, has terminated his or her term of office, continues in the proceedings whose hearing or oral judgment has begun with his participation, if so decides on the President of the Court.

CHAPTER VII

REPLACEMENT

ARTICLE 70. -1. The provisional replacement of the Presidents of the Chamber of the Supreme People's Court is made by the Professional Judges of the relevant Chamber, in accordance with the order established by the Governing Council.

  1. The provisional replacement of the Judges of the Chambers of the Supreme People's Court, except in the case of the Military, is made by the appointment of the President of the Court of Judges of other Chambers.

  1. The provisional replacement of the Presidents of the Chambers of the People's Provincial Courts is carried out by the professional judges of the corresponding Chamber, according to the order established by the Governing Council of the respective Court.

  1. The provisional replacement of the professional judges of the chambers of the People's Provincial Courts is effected by appointment of the President of the respective court, from among the professional judges of the other Chambers, or from the judges permanent alternate professionals of that own Tribunal or among the professional judges of the Municipal People's Courts of the province.

  1. The provisional replacement of the Presidents of the Popular Municipal Courts is carried out by the President of the respective Provincial People's Court, from among the professional judges of the Municipal People's Court, or by a judge permanent alternate professional of the respective Provincial People's Court, or with a professional judge who holds the Provincial Court itself, when that is required; or by a professional judge of another Municipal People's Court of the province itself, when required to do so.

  1. The provisional replacement of the Professional Judges of the Popular Municipal Courts, when required, shall be made by decision of the President of the respective Provincial People's Court, from among the alternate professional judges. (a) permanent of the Provincial Court itself or by a professional judge who holds another Municipal People's Court of the same province.

CHAPTER VIII

DISCIPLINARY ARRANGEMENTS FOR JUDGES

SECTION FIRST

General Provisions

Article 71.-During the time of their duties, the judges, with the exception of the President and Vice-Presidents of the Supreme People's Court, are subject to the jurisdiction of the government in accordance with the provisions of this Chapter, without prejudice to the procedural disciplinary corrections in which they are acting as members of courts which are in breach of the established rules. The judges of the Military Chamber of the Supreme People's Court are also applicable to those who correspond to them, according to the specific regulations, as active duty military personnel.

SECTION 2

Causes that give rise to Disciplinary Correction

ARTICLE 72.-Judges are subject to disciplinary correction when:

  1. (a) they are missing in writing or in writing to their superiors in the hierarchical order;

  1. (b) they are missing from considerations due to their peers or lower in the hierarchical order;

  1. (c) transfer the rational limits of their authority to the technicians, administrative auxiliaries or the service personnel of the courts; or to those who come to them in judicial matters; or to those who attend the strates, whichever is the the objective of doing so;

  1. (d) be negligent in the performance of their duties;

  1. (e) carry out acts that compromise the dignity of their functions;

  1. (f) recommend to judges or courts, to deal with or to do so improperly or contrary to legal requirements in pending legal proceedings, whatever the state of their processing;

  1. (g) publish written in defence of their official conduct, without authorization from their hierarchical superior;

  1. (h) attack the official performance of other judges;

  1. (i) infringe any of the prohibitions or fail to comply with the duties set out in the laws and regulations;

  1. (j) infringe or breach agreements or decisions of the Governing Council or of the President of the Supreme People's Court or of the Governing Council or of the President of the relevant Provincial People's Court, within the limits laid down in The Constitution and the laws, as far as they are concerned respectively.

SECTION III

Case of Disciplinary Correction

Article 73.1-In order to ascertain the conduct liable for disciplinary corrections, a file is instructed.

  1. The start of the disciplinary correction files is available:

  1. (a) by the President of the Supreme People's Court, when the accused are judges of the Supreme People's Court or Presidents or Vice-Presidents of the Popular Provincial Courts;

  1. (b) by the President of the Supreme People's Court or by the President of the relevant Provincial People's Court, where the defendants are Presidents of the Chambers or Judges of the People's Provincial Courts or Presidents or Judges of the Popular Municipal Courts.

  1. In the case referred to in point (a) of the previous paragraph, the President of the Supreme People's Court, at the same time as he has the commencement of the disciplinary correction file, appoints the professional judge responsible for instructing him.

  1. In the case referred to in paragraph 2 (b), the President of the Provincial People's Court appoints the professional judge responsible for examining the case for disciplinary correction, at the same time as having its start or immediately after receiving the communication from the President of the Supreme People's Court.

  1. The processing, formalities and terms for the prosecution of the disciplinary record are regulated in the Regulations of this Law.

SECTION 4

Measures of Correction Discipline

ARTICLE 74. -1. Any of the following measures may be applied to the professional judge who incurs a disciplinary correction:

  1. (a) admonition before the collective of judges;

  1. (b) a fine of 20 to two hundred pesos;

  1. (c) temporary transfer as a judge for another People's Court of the territory, at the end of one to three months, and with the salary of the office concerned;

  1. (d) suspension of fifteen to ninety days in the performance of his position, with location during the term of that office in another work activity, within the province's own People's Courts and with the salary of the activity to which it is intended.

  1. The Court of Justice has ruled that the measures to which the points (a) and (b) of the previous paragraph and of its imposition are made are liable to the effect of a disciplinary correction. record it in your work file.

SECTION QUINTA

Implementation of the Disciplinary Correction Measures

ARTICLE 75.-They are empowered to impose disciplinary correction measures:

  1. (a) the Governing Council of the Supreme People's Court, where the defendants are Presidents of the Chambers or Judges of the Supreme People's Court or Presidents or Vice-Presidents of the People's Provincial Courts;

  1. (b) the Governing Council of the corresponding Provincial People's Court, when the accused are Presidents of the Chambers or Judges of the Popular Provincial Courts or Presidents or Judges of the Popular Municipal Courts.

SECTION 6

Resources

ARTICLE 76. -1. The disciplinary correction measures imposed by the Governing Council of the Provincial People's Court are appable, within the term of ten days, before the Governing Council of the Supreme People's Court, which within a period of thirty working days confirms, revokes or modifies, as the case may be, the measure of correction imposed, as appropriate.

  1. The disciplinary correction measures imposed by the Governing Council of the Supreme People's Court are not actionable.

  1. Nor is it possible, whatever the organ has imposed it, the measure of disciplinary correction of admonition.


CHAPTER IX

JUDICIAL SECRETARIES AND AUXILIARY STAFF

SECTION FIRST

Judicial Secretaries

ARTICLE 77. -1. The courts and the halls of justice each have a judicial secretary. The Registrar of the Court, where appropriate, is at the same time as the Governing Council.

  1. To be appointed Judicial Secretary of a court or justice room is required:

  1. (a) have been twenty-one years of age;

  1. (b) have capacity for the performance of the position;

  1. (c) not be understood in any of the cases of incapacity for the judges of this Law;

  1. (d) enjoy a good public concept and have good conditions

  1. The Judicial Secretary of the Supreme People's Court is always a jurist.

  1. Judicial Secretaries of the Supreme People's Court and the People's Court of the People's Court and their Chambers must be jurists or have at least a higher average level.

ARTICLE 78.-They are obligations of the Judicial Secretaries:

  1. (a) to extend faithfully and to authorize with his signature the judgments handed down to them;

  1. (b) to issue certified copies or testimonies in the form provided by law;

  1. (c) comply with the other obligations imposed on them by laws and regulations.

ARTICLE 79.-The template of the Popular Courts includes one or more auxiliary and alternate judicial secretaries, according to the needs of the service. It is an obligation of the latter to assist the Judicial Secretary in his duties, to replace him in his temporary absences and to practice the proceedings which are entrusted to them.

SECTION 2

Auxiliary Staff

ARTICLE 80. -1. The staff of the technical and administrative staff and services of the Supreme People's Court is approved by its Governing Council. The President of the Court appoints the staff to cover these charges.

  1. The staff of the technical and administrative staff and services of the Provincial and Municipal Courts is approved by the Governing Council of the Supreme People's Court. These charges are covered by those who appoint the Presidents of the People's Provincial Courts, except in the case of the secretaries of the Provincial Courts, who are appointed by the President of the Supreme People's Court.

ARTICLE 81.-1. In order to be appointed as a technical or administrative assistant or as a service assistant, the general fitness requirements laid down in the labour law and the other requirements laid down in the Regulation of this Law are required.

2.-In so far as this Section does not object to the provisions of this Section, the provisions of the current labour law are applicable.

SECTION III

Disciplinary Regime of Staff of the Courts

Article 82.-Violations of the discipline of the work are considered as provided for in points (a), (b), (c), (d), (e), (f), (g), (i) and (j) of Article 72, as well as those contained in the Labour Code and in the internal disciplinary rules of the respective People's Court.

Article 83.-The disciplinary measures for violation of the discipline of the work carried out by the secretaries, technicians and the auxiliary, administrative and service personnel of the People's Courts are imposed:

  1. (a) in the Supreme People's Court and in the People's Provincial Courts, by the President of the Court, the Presidents of the Chamber or the Judicial Registrar of the Court or the heads of administrative units, in accordance with the provides its services to the worker who committed the offence;

  1. (b) in the Municipal Courts Popular by the President of the Court in question.

ARTICLE 84. -1. A worker who has been the subject of a disciplinary measure can claim against it on appeal within five working days of the date of the notification:

  1. (a) before the President of the Supreme People's Court, where the measure has been imposed by a President of the Chamber, the Judicial Secretary of the Supreme People's Court, the heads of administrative units of the Supreme People's Court or the President of a Court Provincial People;

  1. (b) before the President of the respective Provincial People's Court, where the measure has been imposed by a President of the Chamber of the People's Provincial Court, the Judicial Registrar of the Court, the heads of administrative units of the Court or the President of a Municipal People's Court of the province.

  1. Against the disciplinary measures imposed by the President of the Supreme People's Court, reform can only be established, before the authority itself which imposed it, within five working days of the notification.

  1. No appeal shall be made against the decision on the appeal or the reform referred to in the preceding paragraphs.

ARTICLE 85.1.-The Regulation of this Law regulates the procedure applicable to the provisions of this Section.

  1. In all that is not to be opposed to the provisions of this Section, the Labour Code and its complementary rules, as well as in the internal disciplinary rules of the respective court, are applicable.

SPECIAL PROVISIONS

FIRST .-For the purposes of complying with the provisions of this Law that may apply to judges of the Military Chamber of the Supreme People's Court, and that in the corresponding precept no specific reference is expressed in this respect, It is understood that it is being carried out in coordination with the Minister of the Revolutionary Armed Forces, given the status of active duty military personnel of those judges.

SECOND .-The Ministry of Economy and Planning proceeds, in accordance with the existing possibilities, to the assignment of the new graduates of the Faculty of Law of the universities of the country to the People's Courts, in correspondence with the needs that the President of the Supreme People's Court will present to this effect.

THIRD .-The Supreme People's Court permanently or temporarily includes in the statistics of the People's Courts, specific data requested by the Minister of Justice that are of interest to the Government.

Likewise, the President of the Supreme People's Court, in coordination with the Minister of Justice, offers this information or information that is essential for the normal functioning of the Central Sanitary Registry and the Case of Remedies.

FOURTH .-The People's Courts of the province of Ciudad de La Habana are the ones who know in correspondence with the rules of jurisdiction for the matter that establishes the penal procedural law in force, the crimes that are committed on board Cuban aircraft or aircraft, wherever they are outside the country, and those committed abroad and on board foreign ships or aircraft that are located at sea or Cuban territorial air, according to the assumptions established by the substantive criminal law. The Governing Council of the Provincial People's Court of Ciudad de La Habana, decides the Municipal People's Court, which is aware of the crimes that are competent for that instance.

QUINTA .-The maximum leaders of the organs, agencies and other state entities; of the political, social or mass organizations; as well as of the societies, associations and other private entities, which are constituted according to the law, required to ensure the effective enforcement of the judicial function of subordinate workers who are elected as legal judges, when they are called upon to perform it; as well as to guarantee them the acquisition of rights and merit of all the additional benefits addressed to them, to stimulate production or services for as long as they remain in that function, provided that they comply with the regulations laid down in their work centre.

TRANSITIONAL PROVISIONS

UNICA .-The Minister of Justice in coordination with the President of the Supreme People's Court, and the Ministers who correspond, shall determine within the 180-day term, counted from the publication of this Law, the real estate as well as the material, financial and documentary means which, at the present time of the Ministry of Justice, must be transferred to the Supreme People's Court, as they are inherent in the organization and functioning of the People's Courts; and shall take any other measure necessary for the fulfilment of the objectives indicated.

FINAL PROVISIONS

FIRST .-The Presidents and Vice-Presidents, in their case, as well as the professional judges and permanent substitutes, of the People's Courts, which, in accordance with the provisions of Law No. 70 of July 12, 1990, were elected by the Assemblies of the People's Power, and are in the performance of their functions as such at the time of the beginning of this Law, are considered to be elected in their positions to all legal effects, without being subject to expiration of term of that mandate.

SECOND .-Non-permanent alternate professional judges and legal judges, elected by the respective Assemblies of the People's Power in accordance with the provisions of Law No. 70 of July 12, 1990, remain in the exercise of their functions. The Court of Justice has concluded that the Court of Justice of the European Court of Justice does not have jurisdiction.

THIRD .-The Council of State dictates the regulation referred to in Article 50 (7), within the period of 180 days from the publication of this law in the Official Gazette of the Republic.

FOURTH .-The Governing Council of the Supreme People's Court dictates the Rules of Procedure of this Law within 180 days from its publication in the Official Gazette of the Republic.

QUINTA .-Law No. 70 of July 12, 1990, Law of the People's Courts, as well as the provisions of this Law are repealed.

SIXTH .-This Law comes into force on 1st day. January 1998, except as regards its Single Transitional provision and the Third and Fourth Final provisions.

DADA In the Chamber of Sessions of the National Assembly of People's Power, Palace of the Conventions, in the city of Havana, at the eleven days of the month of July of a thousand nine hundred and ninety-seven.