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The judicial system of Cuba consists of the judicial branch of the Cuban government, and the lawyers and judges who operate within it.
| | This article needs additional citations for verification .(October 2016) |
The judicial system of Cuba consists of the judicial branch of the Cuban government, and the lawyers and judges who operate within it.
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Shortly after the Cuban Revolution, the Cuban government adopted as its guiding force the ideas of Marxism-Leninism and sought to build a socialist society in accordance with these principles. [1] In order to do this, the existing political and economic structure had to be dismantled, and with it, the nation's laws and legal system. Gradually, a new legal system arose, based heavily on communist legal theory.
The Cuban Judiciary is currently one of the three branches of the Cuban government, the others being the executive and the legislative branch. It has been contended that the judiciary lacks independence and is subordinate to the executive branch of government.
The original legal system in Cuba was a reflection of its status as a Spanish colony. Even after the nation received its independence in 1902, vestiges of Spanish law remained in effect – for example, the Civil Code remained in effect, with modifications, until 1987. The period of United States occupation and influence resulted in developments such as the Supreme Court of Cuba. After the Cuban Revolution, the legal system underwent a series of radical transformations, both in terms of its structure and also in terms of the laws it promulgated. After a variety of experimental tribunals and projects, the legal system was institutionalized in 1976, with the adoption of a new Constitution. [2] In the intervening years, changes have continued to occur.
Professional judges in Cuba are elected for unlimited terms, serving until they are no longer capable or until removed by the electoral body. Persons seeking to become judges are required to pass an examination given by the Ministry of Justice. The requirements to be a judge include age, citizenship, and a requisite amount of legal experience that varies depending upon which court one is to serve on (10 years for Supreme Court; Five years for Provincial Courts; Two years for municipal courts). Membership in the Cuban Communist Party is not required to be a judge. In 1988, 43% of the judges were not members of the Party.
Lay judges serve alongside professional judges in all levels of the judicial system. [3] Candidates for the position of lay judge are nominated in workplace assemblies and are screened by the Ministry of Justice to ensure they meet the age and citizenship requirements to be a judge. [4] About 15,000 lay judges are selected for terms of five years, serving a maximum of 30 days per year, while continuing their regular employment. [5] [4] Observers[ who? ] note that lay judges in Cuba play a far more dynamic role than the lay judges in the former Soviet Union. On a whole, lay judges tend to represent the overall population in terms of race, gender, employment, and education.[ citation needed ]
Under Cuban law, judges are required to be independent in their judgment and free from the influence of organs of government in their deliberations. Judges can be removed for physical/mental incapacity, negligence or incompetence, or becoming the subject of criminal prosecution. Studies demonstrate judicial autonomy. A 1977 study noted that 43% of all criminal cases were dismissed due to lack of evidence. Buffets Collectives report that 32% of filed criminal cases were dismissed in 1991. A substantial portion of criminal (26%) and benefits (42%) decisions were overturned or modified in 2000 by municipal courts.[ citation needed ]
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In the years following the Cuban Revolution, many lawyers left Cuba. The legal profession saw its prestige decline as the new society looked toward it as another manifestation of the bourgeoisie that was to become unnecessary in the coming years of revolution. In the mid-1960s, Blas Roca Caldero began a process whereby the legal system in Cuba was resurrected to provide for the institutionalization of the Revolution. With the newfound relevance of the law to Cuba's revolutionary process, the practice of law began to become more widespread. Today, the legal profession serves both individuals and enterprises, as well as provides counsel to the government as Cuba struggles to find its place in the international economy.
Buffeted Collectives' are collective law offices, first established by the Ministry of Justice after the private practice of law was abolished, and currently under the oversight of the National Organization of Buffeters Collectives (ONBC). In order to practice in a buffeter, one must graduate from law school in Cuba or a foreign country with Cuban validation. Exceptions to this can be made under extraordinary circumstances. Once in a buffeted, lawyers may practice anywhere in the country. Currently, approximately 2,000 lawyers practise in some 250 bufetes throughout Cuba, collectively handling some 200,000 cases per year. Lawyers in buffets typically have large caseloads and work under difficult conditions. A small number of bufetes specializing in providing legal assistance to foreign nationals have arisen in recent years.
Independent legal practice is not permitted.
As of 1999, 30% of lawyers worked as legal advisors to state agencies, ministries, and commercial enterprises. These lawyers receive a lower salary than their counterparts in the bufetes, but this is offset somewhat by added perks and bonuses from their employer. Although historically relegated to ensuring contracts complied with government regulations, the shifts in the Cuban economy following the collapse of the Soviet Union have led to legal advisors taking a more active role in the market-based, commercial dealings of Cuba.
The salary of lawyers is based upon the number and complexity of the cases which they handle. Better lawyers typically earn a higher salary.
Conflicts of interest (usually relationships with the opposing party) bar a lawyer from representing particular clients. The ONBC propagates rules of ethics and conduct and carries out punishment for their violation, usually in the form of warnings, although suspension, dismissal, and imprisonment are possible in cases of serious violations.
Lawyers are expected to uphold the principle of socialist legality in their practice, thereby strengthening socialism and socialist law. Critics argue that this requirement of the lawyers make it difficult for lawyers to defend their clients against the state. In 1984, laws were passed to remedy this problem, mandating that lawyers defend their clients with diligence and independence to the best of the lawyer's ability. Whether this law has its desired effect is debatable. Examples of passive defense counsel in criminal cases abound (such as the case of General Arnaldo Ochoa, sentenced to death for drug trafficking), while there also exist cases of defense counsel acting diligently on behalf of clients whose interests are diametrically opposed to those of the government.
The National Union of Cuban Jurists (UNJC) is a professional organization for lawyers. Membership is voluntary and some 85% of practitioners are members. Headquartered in Havana, the UNJC comments on proposed legislation, publishes a law review (Revista Cubana de Derecho), and organizes various national and international legal conferences and symposia.
In the early days of the revolution, Fidel Castro, himself a lawyer, advised the young people of Cuba not to study law, instead opting for the study of the sciences, engineering, and medicine. The Revolution's emphasis on developing other academic skills, coupled with the decrease in relevance of lawyers in the revolutionary process in which Cuba was engaged in the early 1960s, led to a dramatic decrease in enrollment at the University of Havana College of Law. Some years passed with no new enrollments (1964–65), while others saw no students graduating (1978 and 1979). The curriculum changed as the new political structures made courses on commercial and contract law far less important.
Beginning in the late 1970s, the Ministry of Higher Education began to tinker with the law school curriculum in order to make more comprehensive the legal education received by law students. In the early 1990s, a new plan was instituted that emphasized basic theory and history in a number of different areas of the law, coupled with practical experience. Today, there are law schools in Havana, Camagüey, Santiago de Cuba, and Villa Clara. Enrollment totals approximately 1,100 at the University of Havana, and 3,500 nationwide. Entrance into law school is competitive. Tuition and room and board are free for Cuban residents, while the cost of books is subsidized by the state. Between 1982 and 1992, graduating law students were required to work in a bufete for three years as a social service and to gain experience in a wide range of practice areas. This was altered in 1992, and now graduates can perform their social service in a wide variety of legal jobs.
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. In an adversarial system the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The judiciary of Germany is the system of courts that interprets and applies the law in Germany.
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States.
The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Modified versions of the Soviet legal system operated in many Communist states following the Second World War—including Mongolia, the People's Republic of China, the Warsaw Pact countries of eastern Europe, Cuba and Vietnam.
A nationwide judicial system in Iran was first implemented and established by Abdolhossein Teymourtash under Reza Shah, with further changes during the second Pahlavi era.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.
The substantive and procedural laws of Cuba were based on Spanish Civil laws and influenced by the principles of Marxism-Leninism after that philosophy became the government's guiding force. Cuba's most recent Constitution was enacted in 2019.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
French law has a dual jurisdictional system comprising private law, also known as judicial law, and public law.
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.
The Ministry of Justice is an executive department of the New Zealand Government, responsible for supporting the judiciary and the administration of justice within New Zealand. It develops justice policy and provides advice to ministers, Cabinet, and other justice sector agencies. Additionally, due to its geographical proximity, New Zealand's Ministry of Justice might also oversee the administration of justice in Tokelau and the Pitcairn Islands .. The Ministry of Justice is the only public sector agency to work across all three branches of government.
The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.
The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.
The judicial system of Sweden consists of the law of Sweden and a number of government agencies tasked with upholding security and rule of law within the country. The activities of these agencies include police and law enforcement, prosecution, courts, and prisons and other correctional services.
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial, or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often.
The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.
The judiciary of Uruguay is a branch of the government of Uruguay that interprets and applies the laws of Uruguay, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Uruguay is a civil law system, with public law based on the 1967 Constitution, amended in 1989, 1994, 1997, and 2004. The Constitution declares Uruguay to be a democratic republic, and separates the government into three equal branches, executive, legislative and judicial. Private relationships are subject to the Uruguayan Civil Code, originally published in 1868. The Constitution defines the judiciary as a hierarchical system courts, with the highest court being a five-member Supreme Court, who are appointed by the legislative branch of the government, for ten-year terms. The Supreme Court appoints the judges of most of the lower courts. Below the Supreme Court, there are sixteen courts of appeal, each of which has three judges. Seven of the courts of appeal specialize in civil matters, four specialize in criminal matters, three cover labour law, and two focus on family matters. At the lowest tier are justices of the peace and courts of first instance specialized in administrative, civil, criminal, customs, juvenile, and labour cases. Although the hierarchy, all of them are functionally and structurally impartial, that is, the tribunal should not be interested in the object of the particular case, and the higher tribunal does not impose a behaviour nor precedent to the lower ones. There are also separate courts for auditing, elections and the military.
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