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    New Criminal Enforcement Law completes Judicial Reform in Cuba

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       Nueva ley de Ejecución Penal completa reforma judicial de Cuba

    This Sunday, the deputies to the National Assembly of People's Power (parliament) of Cuba approved the Law of Penal Execution, in order to complete the deep procedural and judicial reform of the country.

    This was considered by the Constitutional and Legal Affairs Commission of the legislature in the opinion on the regulations, which together with the Penal Code and the Law of the Popular Courts modifies the criminal justice system and adjusts it to the principles of the Constitution in force since 10 April 2019.

    The legal body, as explained by the president of the Supreme Court, Rubén Remigio, concentrates the regulations related to the execution phase of sanctions and security measures, which allows better instrumentation, location and use by operators.

    Its main objective, he pointed out, is the resocialization of the sanctioned one through a particularized and integrated treatment, in which various social actors intervene, and where the responsibility of the State in the work of care, prevention and social assistance is highlighted.

    The law provides a solution to aspects associated with the essential rights and guarantees of people, and the need to provide differentiated treatment for those who attend under special conditions, such as the presence of some disability or illness, or being under 18 years of age.

    In general, it reinforces the due process guarantees of the accused, accused, sanctioned and insured, by recognizing the rights and benefits that assist them when they serve their sentence in conditions of freedom and during their stay in penitentiary establishments.

    In this sense, it projects the active intervention of the lawyer in the stage of execution of sanctions and security and precautionary measures, in terms of interviews with the represented party and the formulation of complaints, among other circumstances.

    In the same way, it strengthens the protection of the victim through formulas so that those sanctioned comply with civil responsibility and compensate for the damage caused, in addition to ensuring the effectiveness of the prohibition of approach. As novel aspects, they highlight the inclusion of a gender approach for the location of inmates in penitentiary establishments and an educational, medical and specialized treatment differentiated because of gender, sexual orientation or severe affectations that they may present due to the coexistence of the condition of victimizer- victim.

    In addition, for the first time the procedure for the execution of the main and accessory sanctions imposed on legal persons in the criminal field is regulated.

    The Criminal Enforcement Law went through 12 versions from March 2019 to January 2022, and for its creation, it had extensive consultation with specialists from various institutions, which generated 175 criteria and proposals, of which 99 were accepted.