Havana, Dec 21 (ACN) A new Military Penal Process Law, replacing legislation approved in 1977, was adopted Tuesday by Cuban lawmakers at the 8th Session of the Cuban National Assembly of People’s Power 9th legislature.
People’s Supreme Court president Ruben Remigio Ferro said the approval followed the criteria exposed by experts from institutions linked to the judiciary, military and academic fields, which issued 72 criteria and modification proposals, out of which 40 percent was accepted.
In the presence of Cuban President Miguel Diaz-Canel, Remigio also referred to the previous and large analysis of the draft legislation by parliamentarians which enriched the document.
According to the Parliament’s commissions on Constitutional Issues, Juridical, National Defense and Interior Order, the new law is based on major principles aimed at protecting the rights of people subject to its competence and for the legal performance as such, while it is coherent to modern penal law.
Lawmaker Jose Luis Toledo said that the law includes and consolidates principles such as the willingness to ordinary justice which is related to the Habeas Corpus resource and the natural judge who guarantees the impartial and independent nature of the court in applying justice.
The Defense aspect bears special significance with the previous information about the accusation, the right to a private or state defense attorney, the presentation of witnesses and other evidence during the process and the right to no self-incrimination and to establish resources against the decisions adopted, all being a series of guarantees for effective protection of the accused.
Other aspects include the right to transmit allegations directly to the judges, and providing investigation and prosecution organs with the proceedings and required guarantees to develop independent, functional and fast activity with the aim of carrying out a multilateral, objective and consequent investigation that leads to responsible promotion of penal action.
The Military Penal Process Law is modern and is in tune with the principles of Cuban society and international instruments in the field, and is in perfect symmetry with the postulates of rights and guarantees established by the Cuban Constitution, said the president of the Supreme Court.
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