sanctions for false news and “insults” to the President

A new criminal code has been approved in Cuba that has generated many comments on social networks.

For some Cubans, the government and the state media focused their attention on the discussion of the Family Code on the island, to overlap this other project that was finally approved this weekend.

According to an article published in Cubadebatethe Criminal Code “includes a catalog of sanctions based on the review of its predecessor, with the purpose of tempering them to the dynamics of contemporary crime and the need to preserve public order and tranquility”.

For its part, the agency Reutershighlights that the new document “replaces a criminal law of more than 30 years drafted under former Cuban leader Fidel Castro,” and acknowledges that “is being criticized by human rights groups”.

In particular, it refers to the “foreign funding clause that can be used to unfairly stifle dissent and independent journalism in the wake of widespread anti-government protests last July.”

Regarding the novelties of the Code, the president of the People’s Supreme Court (TSP) mentioned that “the application is extended to infractions and illicit acts that affect the radio spectrum, the environment and natural heritage”, as reported by the state press.

Likewise, it stated that “new accessory sanctions, aggravating circumstances and rules of adaptation are incorporated to face the discrimination in all its manifestationsgender and family violence, in addition to acts against minors or people in situations of disability.

The legal text penalizes “the most serious violations related to the abusive use of constitutional rights, participation in subversive activities and attacks on information and communication technologies”.

will it be possible apply the death penalty in 23 extremely serious criminal offenseswhile being removed in four offenses.

What did the president of the TSP in Cuba say about some of the modification criteria that were requested?

It was not decided to increase the age for criminal liability because “minor between 16 and 18 years old were found, who participated in murder procedures, and require an immediate response.”

Either the term femicide is reflected in article 345although this does “make clear the penalties that apply to those who incur in crimes associated with gender violence and against women.”


contempt: the code establishes a sanction of deprivation of freedom from six months to one year or a fine of one hundred to three hundred quotas, or both, to whoever threatens, slanders, defames, insults, insults, insults or offends, verbally or in writing, in his or her dignity or decorum, to an official

public, authority or its agents or auxiliaries, in the exercise of their functions or on the occasion or because of them.

If this fact is done with respect to the president or other high officials of the Cuban government, the sanction is imprisonment from one to three years.

Instigation to commit a crime: reflected in article 268.1. who incites

publicly, to commit a specific crime, incurs a sanction of deprivation of liberty from six months to one year or a fine of one hundred to three hundred quotas or both.

If the acts provided for in this section are carried out through social networks or other means of social communication, the sanctions provided for in each case are increased by half in their minimum and maximum limits.

Likewise, the punishments for “propaganda against the constitutional order”, the “spread of fake news or malicious predictions with the purpose of causing alarm, discontent or disinformation in the population or to cause alterations of public order”.

The code will enter into force after 90 days of its publication.

You can download the text HERE.