Process, in the first instance, the issues that, in accordance with the provisions of the law, are submitted for consideration, and resolves the appeals and appeals filed against final sentences and other resolutions that terminate the process making its continuation impossible , dictated in criminal matters by the rooms of the popular provincial courts.
Process, in the first instance, the issues that, in accordance with the provisions of the law, are submitted for consideration, and resolves the appeals and appeals filed against final sentences and other resolutions that terminate the process making its continuation impossible , dictated in criminal matters by the rooms of the popular provincial courts.
Process, in the first instance, the issues that, in accordance with the provisions of the law, are submitted for consideration, and resolves the appeals and appeals filed against final sentences and other resolutions that terminate the process making its continuation impossible , dictated in criminal matters by the rooms of the popular provincial courts.
Process, in the first instance, the issues that, in accordance with the provisions of the law, are submitted for consideration, and resolves the appeals and appeals filed against final sentences and other resolutions that terminate the process making its continuation impossible , dictated in criminal matters by the rooms of the popular provincial courts.
From Law 82 of the popular courts
CHAPTER II
SUPREME POPULAR COURT
SECTION ONE
General disposition
ARTICLE 15.-1. The Supreme People's Court exercises the highest judicial authority and its decisions in this order are final.
2.- Through its Governing Council, it exercises the legislative initiative in matters relating to the administration of justice and regulatory power; it makes decisions and dictates general norms of obligatory compliance by all the courts and, on the base of the experience of these; provides mandatory instructions to establish a uniform judicial practice in the interpretation and application of the law
FOURTH SECTION
Governing Council of the Supreme People's Court
ARTICLE 18.-1. - The Governing Council of the Supreme People's Court is composed of the President of the Court, who presides over it, the Vice-Presidents and the President of each of the Chambers.
2.- At the meetings 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 with voice but without vote.
3.- Likewise, meetings of the Governing Council, other state and government authorities may be invited, when, due to the matter to be treated, it is of interest to these authorities. If they attend, they can participate with voice, but without vote.
ARTICLE 19.-1. It corresponds to the Governing Council of the Supreme People's Court:
a) transmit to the courts the general instructions received from the Council of State;
b) to decide, at the request of the National Assembly of Popular Power or the Council of State, on decrees and other general provisions;
c) exercise the legislative initiative in matters related to the administration of justice;
d) know, evaluate and approve the draft reports of accountability of the People's Supreme Court to the National Assembly of People's Power;
e) examine and evaluate the judicial practice of its own rooms and other courts;
f) exercise control and supervision of the jurisdictional activity of all courts;
g) to evacuate the general consultations made by its own rooms, the courts, the Attorney General of the Republic and the Minister of Justice;
h) provide general instructions of a mandatory nature for the courts, in order to establish a uniform judicial practice in the interpretation and application of the law;
i) request from the State Council, when necessary, the general and mandatory interpretation of a current law;
j) resolve the competition issues that arise due to the matter between the courts;
k) resolve conflicts of powers that arise between the Central State Administration agencies and the courts;
l) evaluate and approve the proposals to the National Assembly of Popular Power, for the election of the professional judges of the Supreme People's Court;
m) know and approve the proposals of candidates of professional judges of the provincial and municipal popular courts, which are raised by the Government Councils of the popular provincial courts;
n) organize the System of Professional Improvement of the judges of the popular courts, according to the needs of each instance; and approve the respective plans;
o) organize the technical training of the auxiliary and administrative personnel of the People's Courts; and approve the respective plans;
p) organize, direct and control the application of the "Work System with the State Tables and its Reserve" in relation to the personnel of the popular courts;
q) decide the structures and templates of jurisdictional positions and auxiliary personnel of the popular courts;
r) approve the creation of sections of the rooms of the People's Supreme Court to hear about specialized matters or when the needs of the service so require;
s) approve the creation or suppression of popular courts and their rooms or sections;
t) determine the order in which the Vice Presidents of the People's Supreme Court replace the President of said Court, in cases of temporary absence or impediment thereof;
u) determine in the order that the Presidents of the Chamber of the People's Supreme Court replace the President and Vice President of said Court, in cases of temporary absence or simultaneous impediment thereof, or the Vice-Presidents, when appropriate;
v) determine the order in which the professional judges of each room replace the President of the same, in cases of temporary absence or impediment;
w) agree on the Regulations of the 'Popular Courts;
x) approve the calls for contests of opposition or merits for income or promotions in the Popular Courts System;
y) approve the proposals to the Council of State for the granting to judges and other workers of the popular courts, of decorations and honorary titles;
z) approve the draft budget and the material technical plan in all its categories, of the popular courts.
2- The Government Council, for the purposes of the provisions of subsections e), f) and h) of the previous section, may:
a) request a report from the Presidents of the rooms of the People's Supreme Court;
b) request to the Presidents of the provincial and municipal popular courts, reports regarding the judicial practice of their respective courts;
c) convene the Presidents of the Chamber of the People's Supreme Court and the Presidents of the provincial and municipal popular courts.
For the dispatch of matters, the People's Supreme Court has a judicial secretary who, in turn, is a member of the Governing Council and is in charge of the Court's Secretariat.
On the other hand, in each room there is a judicial secretariat, composed of technical and auxiliary personnel directed by a judicial secretary.
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Created by Agreement 325 of October 29, 2002 of the Governing Council of the Supreme People's Court, with the aim of providing the Cuban judicial system with its own training center for the articulation of pedagogical and scientifically updated training modalities, aimed at resolving the institutional needs The formative design of the Popular Courts System also has two territorial sub-branches in the provinces of Cienfuegos and Holguín, which allow multiplying the indexes of graduates and replication processes, by increasing the number of graduates. These are subordinate to the popular provincial courts and tax information to the school who, in turn, guides and directs them from a methodological point of view based on a National Strategy for the Preparation of Tables, Reserves, Judges and Workers, legitimized by the Governing Council of the Supreme People's Court, which is designed based on the results of supervisory visits, the deficiencies identified in the analysis of appeals and appeals and the failures detected in the performance evaluation process. The Judicial Training School has had increasing participation in the Ibero-American Network of Judicial Schools, as a way to enable its insertion with the formative schemes of this region and incorporate its experiences.
The jurisdictional powers and powers of the People's Supreme Court reside in the courtrooms, which exercise their jurisdiction in the national territory and are competent to know, in accordance with the provisions of the procedural laws of the various matters, of the Appeal resources and Cassation against the sentences issued by the popular provincial courts and territorial military courts, and the Review procedure; The Military Chamber is aware of the Judicial Inspection procedure provided for in the Military Criminal Procedure Law.
The Chambers of the criminal matter, judge, in the first instance, the cases in which it is established in the current procedural laws, and to find out the remedies that are brought against these sentences, a Special Chamber is constituted composed of the President of the Court Supreme People, two presidents of the courtroom, two professional judges and two laymen of any Chamber.
The plenary of the judges of the People's Supreme Court only has jurisdictional functions, when it is constituted in the Chamber of Justice for the purpose of judging, among others, the president, vice president and secretary of the National Assembly of Popular Power; to the members of the Councils of State and of Ministers, to the president, vice-president, professional and lay judges of the People's Supreme Court, and to the Attorney General of the Republic, their deputy prosecutors and other prosecutors of the Attorney General's Office.
The collegiate direction of the Court System is exercised by the Governing Council of the People's Supreme Court, an organ established by the Constitution of the Republic to which it also assigns the legislative initiative and the regulatory power. This body provides general instructions to establish a uniform judicial practice in the interpretation and application of the law.
Among its main functions are to decide, at the request of the National Assembly or the Council of State, on the constitutionality of laws, decree laws and other general provisions; to exercise the legislative initiative in the administration of justice, and to evacuate the general consultations that may be formulated by its own courtrooms, the courts, the Attorney General of the Republic or the Minister of Justice.
The Governing Council is in charge of evaluating and approving the candidates that are presented to the National Assembly of the Popular Power for their election as judges of the People's Supreme Court, and to know and approve the corresponding candidates to the provincial and municipal courts; In addition, to convene opposition exercises or merit contests for the entry or promotion of judges, and organize the system of professional improvement of both judges and auxiliary staff through the Judicial Training School. Likewise, the Governing Council supervises the jurisdictional activity of the courts and approves the budget proposals for the entire Court System.