Law of the Popular Courts

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The Law of Organization was repealed by Law No. 70, of July 12, 1990, and this, by the current Law No. 82, "Law of the People's Courts", of June 11, 1998, which reinforces independence judicial when granting to the Government Council of the Supreme People's Court functions in relation to the provincial and municipal courts that previously resided in the Ministry of Justice.

 

Regulation of the organization, structure and functions of the Court System

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In compliance with the constitutional mandate, the Law of Organization of the Judicial System, of August 18, 1977, regulated the organization, structure and functions of the Court System, made the pertinent modifications, although it maintained the existing organizational bases and essential principles.

Proclamation of the Constitution of 1976

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On February 24, 1976, the Constitution of the Republic of Cuba was proclaimed under the popular referendum. This, unprecedented in the history of Cuban constitutions, sought to institutionalize the revolutionary process begun in 1959. It established that the proclaimed rights applied equally to all Cuban citizens; Likewise, it instituted legal guarantees such as due process of law, the non-retroactivity of the laws, the application of the criminal law favorable to the accused, and the limitation to the confiscation of property, among others. Its precepts also established the functional independence of the courts and their obedience only to the law in their actions.


 

Law of Organization of the Judicial System

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In the area of ​​the process of improvement of the Cuban state institutions and, in particular, of the justice system, the Law of Organization of the Judicial System was promulgated on June 23 of that year that responded to the need to unify the different then existing jurisdictions in a single judicial system that will guarantee the uniform application of justice throughout the country.

The essential organizational bases instituted for the courts were their collegial nature and their integration by professional judges, and lay judges in the matter, all elective, responsible and revocable.

Creation of the Judicial Career

The Constitution of the Republic created the judicial career and established the fundamental principles on which this function would be sustained, which in turn were assumed, after the triumph of the Revolution, by the Fundamental Law of 1959.

First Constitution of the Republic of Cuba

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The first republican constitution defined: “… the Judicial Power is exercised by a Supreme Court of Justice and by the other Courts established by the laws, which will regulate their organization and powers and the conditions that must be met by the officials that integrate them.”

 

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