There is not and there will not be impunity, less in times of COVID-19

Foto tomada de www.cubadebate.cu

Given the complex scenario that the country is experiencing with the COVID-19, on many occasions the President of the Republic, Miguel Díaz-Canel Bermúdez, has reiterated the need to "act with cooperation, discipline and responsibility, both on the part of the population and of all the institutions that are working to confront the pandemic. "

At the same time, in order to preserve public tranquility and discipline of the population, the police presence on public roads and surveillance and patrolling throughout the national territory have increased, in addition to increasing preventive actions against those who violate established provisions. or put their health or that of those who live with them at risk.

However, negligent attitudes persist and have little to do with the calls made by the country's leadership and that can “ruin” the effort of many to control the disease.

As reported to Cubadebate, Yojanier Sierra Infante, president of the Popular Provincial Court of Havana, until April 14, 56 complaints had been filed in the municipal courts of the capital, especially for crimes associated with disobedience, the spread of epidemics, contempt, resistance or illegal economic activity; sanctioning 59 people for said crimes.

Sierra Infante clarified that there are events that, by their nature, receive administrative treatment by the police forces, with the imposition of fines on violators. In other cases, due to their seriousness, they are tried in court.

“Currently what is established in the Penal Code applies, although we try to be more rigorous in these circumstances, always under the observance of due process and respect for the rights and guarantees of the parties. We cannot allow, for example, chlorine to be resold, nor to admit those who monopolize and adulterate prices or those who disregard the authority and do not comply with the hygiene regulations that are necessary, ”said Sierra Infante

"We have tried people for commercializing chlorine at a premium, others for disobedience and for carrying weapons even in these circumstances," he explained.

In this sense, the judge pointed out that to prosecute each person, different factors are taken into account, such as the tests carried out, the crime committed, the circumstances in which it developed, the behavior of the accused at the time of the fact, the severity of this and personal conditions.

From the facts judged, said the President of the Provincial People's Court of Havana, it is appreciated that a part of the population still has no perception of risk. "There are still some undisciplined people who do not understand the current moment, about whom there is a confrontation, a proactive attitude of the police, the prosecution and other control bodies."

Among other actions carried out by the Popular Provincial Court of Havana are:

- In compliance with instruction 248 of the Governing Council of the Supreme People's Court, the suspension and immediate temporary detention of the processing and procedural impulse of ongoing judicial matters or processes is determined. (Those matters and procedures that due to their nature and content are necessary to follow their treatment are excluded).

- Reorganization of the judicial structure that corresponds to the context.

Offenses most frequently committed today

Law No. 62: Penal Code

Resistance

ARTICLE 143. 1. Anyone who opposes resistance to an authority, public official or their agents or auxiliaries in the exercise of their functions, incurs a punishment of deprivation of freedom for a period of three months to a year or a fine of one hundred to three hundred quotas.

    If the act envisaged in the previous section is committed with respect to a public official or his agents or auxiliaries, or to a military man, when they fulfill their duties of capturing criminals or guarding individuals deprived of liberty, the sanction is of deprivation of freedom for five years.

Disrespect

ARTICLE 144. 1. The one who, threatens, slanders, defames, insults, insults or in any way insults or offends, in word or in writing, in his dignity or decorum to an authority, public official, or to his agents or assistants, in exercising his functions or on or on the occasion of them, he incurs a punishment of deprivation of freedom for a period of from three months to one year or a fine of one hundred to three hundred quotas or both.

    If the act foreseen in the previous section is carried out with respect to the President of the Council of State, the President of the National Assembly of People's Power, the members of the Council of State or the Council of Ministers or the Deputies to the National Assembly of People's Power , the sanction is deprivation of liberty for one to three years.

Disobedience

ARTICLE 146. The doctor who, required to provide some help related to his profession, in an urgent case and in serious danger to the health or life of a person, refrains from providing it without just cause, incurs a penalty of deprivation of liberty of three months to one year or a fine of one hundred to three hundred installments or both.

ARTICLE 147. 1. The individual who disobeys the decisions of the authorities or public officials, or the orders of the agents or auxiliaries of those dictated in the exercise of their functions, incurs a punishment of deprivation of liberty for three months to one year. or a fine of one hundred to three hundred installments or both.

    If the disobedience consists in refusing to give your identity or hide the true one, the sanction is imprisonment for six months to two years or a fine of two hundred to five hundred quotas or both.

Epidemic SpreadARTICLE 187. 1. Anyone who violates the measures or provisions dictated by the competent health authorities for the prevention and control of communicable diseases and the programs or campaigns for the control or eradication of serious or dangerous diseases or epidemics incurs a sanction. deprivation of liberty for three months to one year or a fine of one hundred to three hundred quotas or both.

The same sanction is incurred by those who refuse to collaborate with the health authorities in the places of the national territory in which any communicable disease acquires serious epidemic characteristics or in the neighboring territories exposed to the spread.
    Anyone who maliciously spreads or facilitates the spread of a disease, is subject to a punishment of deprivation of freedom for a period of three to eight years.

Violation of Consumer Protection Standards

I ARTICULATE 227. 1. It is sanctioned with deprivation of liberty of one to three years or a fine of three hundred to a thousand quotas to who:

    sells or puts on sale to the public articles incomplete in their composition or weight or deteriorated or in poor condition;
    omit to adopt the necessary measures to avoid the theft, loss, deterioration or destruction of the goods, or part of them, that are delivered by the users of the service for the purposes of its provision;
    charge goods or services above the price or rate approved by the competent authority or body or the price agreed by the parties;
    ch) conceal merchandise from the public or unjustifiably deny the services provided in the entity;
    sells, puts for sale, has in its possession for the purpose of trafficking, prepares, arranges for export, exports or imports an industrial or agricultural product with quality indication or brand designation that does not correspond to the product;
    e) Illegally use a brand, industrial model or patent on a product.

Illicit Economic Activities

ARTICLE 228. 1. Whoever, for profit, carries out any of the activities of production, transformation or sale of merchandise or rendering of services that are authorized by law or regulation without possessing the corresponding license; or carry out any activity of that nature not expressly authorized by legal or regulatory provision, incurs a punishment of deprivation of liberty for three months to one year or a fine of one hundred to three hundred quotas or both.

    If for the accomplishment of the facts referred to in the previous section, labor is hired or means or materials of illicit origin are used, the sanction is imprisonment for one to three years or a fine of three hundred to one thousand quotas or both.
    Anyone who, despite having the corresponding license, hires labor or uses illegal means or materials, or fails to comply with the provisions of the regulations in order to obtain greater profits, shall incur a punishment of deprivation of freedom for six months to two years or a fine of two hundred to five hundred quotas or both.
    The acts provided for in the preceding sections shall not be considered crimes, in the case of activities of low economic significance, except in the cases indicated in sections 1 and 2, when in their execution, means or materials of illicit origin are used.
    Those declared responsible for the crimes set forth in the preceding sections may also be subject to the accessory sanction of confiscation of property.

Speculation And Hoarding

ARTICLE 230. A penalty of deprivation of liberty of three months to one year or a fine of one hundred to three hundred quotas or both, to the individual who:

    acquire merchandise or other objects for the purpose of reselling them for profit or gain;
    retain in its possession or transport goods or products in quantities obviously and unreasonably higher than those required for its normal needs.

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