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CUBA by yurtgc548



“The Key to the Gulf of Mexico”
• Republic of Cuba (Republica de Cuba)
• Capital: La Habana (hereafter, Havana)
• Independence: May 20, 1902
         Discovered in 1492
• Exploration of Christopher Columbus
• Under Spanish rule
• Subjected to harsh trade restrictions
• Britain occupied Havana 1762-63, change
  trade restrictions
• The change allowed Cuba to become the
  World’s leading producer of sugar
    Spanish-American War of 1898
•   Granted Independence in 1902
•   Dependent of the United States
•   Proportion of self-rule
•   Platt Amendment: U.S. was allowed
    military intervention
               New Rule
• Fulgencio Batista y Zaldivar: led a corrupt
  and brutal dictatorship (1940-44, 1952-59)
• 20,000 political killings
• January 1, 1959, overthrown and fled to the
  Dominican Republic with 40 million dollars
              Hello Fidel!
• Fidel Castro Ruz became President in 1976
• Guerrilla Warfare
• Communist Dictator

• CIA reports: may have Parkinson's disease
• El bloqueo of 1960-present day
• Cold War Tactic
• deter communism and promote democracy
• Under Eisenhower: partial embargo
  (exclude food and machines)
• Under Kennedy, Foreign Assistance Act:
  prohibit aid to any country that trades with
           New Constitution
• After the Collapse of Communism in the
  Soviet Union
• Constitution of 1992
• Promotes Cuba!
• Made Political Regimes more inclusive,
  tolerant to religious beliefs, behavior, and
• Deeply authoritarian, still only one party,
      Constitutional Provisions
• 1992 Constitution limits the State
  ownership of land
• Article 53: Freedom of Expression
• Freedom of “CUBAN” Speech
• Article 62: Prohibits Art 53 if it interfere
  with, threatens, or defy existence of
  Socialist State
    Communist Party of Cuba
• National Assembly: Legislative Branch
• Formal Powers: declare war,make peace,
  modify legislature, elect members to
  Council of State & Supreme Court
• 4 year terms,
• Meet only twice a year
           Council of State
• Fidel Castro: President of Council of State
• Elected by the National Assembly
• appoint and remove ministers, ambassadors,
  and other high officials
• “Routine Authoritative” decision maker
        Council of Ministers
• Fidel Castro: President of Council of
• Highest executive and administrative organ
• Constitution empowers it to issue
  regulations to administer laws and decrees
  authorize exceptions to state ownership of
  the means of production
            Supreme Court
• Five Chambers: Criminal, Civil,
  Administrative, Labor, and Military
• Nominated by Minister of Justice,
  confirmed by National Assembly
• Article 121: Supreme Court and all other
  courts are subordinate to the National
  Assembly & Council of State
• Prohibited from determining laws to be
• No life terms
           Provincial Courts
• Exist in each Province
• Four Chambers: Criminal, Civil,
  Administrative, Labor
• Jurisdiction over crimes that punishment
  does not exceed 8 years
• 3/4 of all crimes committed in Cuba
• Lay Judges
           Municipal Courts
• Much like District Court in the U.S.
• Jurisdiction over minor crimes that
  punishment does not exceed 1 year
• preliminary levels for civil cases
• Lay Judges
            Source of Law
• Spanish Law & U.S Law
• History of Spanish Law is related to the
  abuses of the Catholic Church and the
• Judges where the investigator and sentencor
• U.S. influence after the Spanish-American
         Criminal Procedure
              Stage 1
• Filing of complaint
• police investigates the complaint
• prosecutor decides to move forward
• the accused does not have right to council
  during this stage
• can’t exceed 8 days in this stage, after
  which, accused attorney is invited in
        Criminal Proceedings
              Stage 2
• In Prosecutor’s hands
• Complexity of the case, the interpretations,
  and emphasis of the case are defined
• Recommendation of sentence is recorded
• Case is passed to accused
• 10 days to file a rebuttal
• Court will appoint
             Criminal trial
                Stage 3
• 1st witness is always the defendant
• freedom not to testify against himself
• Preserve the presumption, “Innocent until
  proven guilty”
• witnesses are examine by the judges
  including lay judges
• Court has 10 days to make a decision
Any Questions?

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