Pre-1959 legal history Cuba was a colony of
Spain until its independence was won in 1899, following military intervention by the United States (known in the U.S. as the
Spanish–American War). It remained under a U.S. military government until 1902, when the U.S. oversaw the creation of a new government. The Diario de sesiones del Congreso de la Republica de Cuba (Daily sessions of the Congress of the Republic of Cuba) show how Cuban law was shaped during this period. The influence of both U.S. and Spanish rule on Cuban law persisted for decades. For example, the
Spanish Penal Code influenced the 1936 Civil Defense Code of Cuba, which remained in effect until 1979. The Spanish Civil Code of 1889 remained in effect (although modified) until 1987. U.S. influence appeared in the form of a supreme court of appeals and judicial review.
Revolutionary period (1959–mid-1970s) Major laws and changes After the Cuban Revolution, on January 1, 1959, much of the Constitution of 1940 was reinstated. This did not fulfill the promises in the
Manifesto of Montecristi, since Castro's government did not restore the constitution in total and failed to call elections within the 18-month period the manifesto required. In the revolution's aftermath, the Congress was supplanted by a Council of Ministers, consolidating greater power in the revolutionary government. In the following years, the revolutionary government enacted hundreds of laws and decrees to effect basic change in Cuba's socioeconomic system, such as the
First Agrarian Reform Law of May 1959; the Urban Reform Law of October 1960; the Nationalization Law of October 1960; the Nationalization of Education Law of June 1961; and the
Second Agrarian Reform Law of October 1963. New institutions, such as the
National Institute of Agrarian Reform (
INRA), were created to carry out these laws more efficiently.
Revolutionary courts In February 1962, 45 Cuban Air Force officers were tried for genocide in the civilian courts and acquitted. Castro publicly denounced the acquittal as a miscarriage of justice. In response to the verdict, the Revolutionary Government established "Revolutionary Courts", whose purpose was to try those accused of collaboration with the deposed Batista regime, especially those accused of torture and assassination, and those engaged in counterrevolutionary activity. These courts were criticized for their summary procedures, which limited a defendant's ability to prepare for trial, as well as procedural safeguards, such as the right to appeal a verdict of guilt. It has been noted that these courts produced fast, certain, and severe results. Hundreds of people were found guilty in these proceedings and executed. Hostility toward the Batista regime led to widespread acceptance of these courts among the Cuban people. Supporters of the Revolutionary Courts note that their institution may have prevented "
mob justice", as was seen after other periods of revolution and social unrest.
People's popular courts In the early 1960s, People's Popular Courts were set up, whose goal, according to Castro, was to correct antisocial behavior "not with sanctions in the traditional style, but rather with measures that would have a profound educational spirit". First established in the rural areas of the country, more than 2,200 such courts existed by the end of the 1960s. These courts' proceedings were opened to the public in an effort to maximize their effect. The courts were criticized for overlapping with the jurisdiction of other courts and for inconsistent application of the law.
Institutionalization (mid-1970s–late 1980s) Need for new legal system As the 1960s drew to a close, the most radical phase of the revolution had passed and internal counter-revolution had been suppressed. The Cuban government sought to institutionalize the Revolution. Key to this was the creation of a new legal system.
1973 Reforms In 1973, the Cuban
Council of Ministers approved a structure for the new legal system, abolishing the People's Popular Courts and the Revolutionary Courts. In the place of the old legal system, a court system was established with four levels of jurisdiction: Base, District, Provincial, and National (Supreme Court). The Supreme Court was given appellate jurisdiction over four distinct areas of law: civil/administrative, criminal, state security, and military. The reforms of 1973 also saw the end of private legal practice, and all lawyers who continued to provide legal services were required to join legal collectives, known as
bufetes colectivos. Also included in the reforms was the creation of "lay judges", who served alongside professional judges and kept alive the popular spirit of the People's Courts. These reforms were criticized on the basis that many judges appointed to serve on these courts were incompetent and that the courts were not administered well.
Constitution of 1976 and socialist legality In 1976, Cuba formally institutionalized the revolution with the adoption of a new constitution, which provided that the legal system be based on the principle of
socialist legality. In constructing its legal system, Cuba looked to the countries of the
Socialist Bloc for blueprints. The principle of
socialist legality, as articulated by Cuban jurists, is that the role of the law is to create social stability while simultaneously furthering the development of the socialist society through change in Cuban political culture. As a guiding principle, socialist legality is
explicitly transformative: its stated purpose is to transform society. This transformative principle penetrates to the heart of the law and has guided the development of Cuban Law since the mid-1970s. The explicit transformative principle of socialist legality sets it apart from the
civil law and the
common law legal systems, whose underlying principles are based on existing statute and custom, respectively.
Subsequent reforms Successive reforms were instituted throughout the next 30 years to increase the autonomy of
bufetes colectivos and the courts, adapt the courts to changing circumstances, and remedy other administrative problems.
Recent legal history (late 1980s–present) Collapse of the Eastern Bloc In the late 1980s and early 1990s, with the downfall of the Soviet Union, the laws of Cuba changed again to respond to the new conditions of the
Special Period. The constitutional amendments of 1992 recognized forms of non-socialist property (
joint ventures,
corporations, other economic associations) and provided for non-
discrimination based on religious belief. For example, persons with religious belief may now join the
Cuban Communist Party, although Cuban priests have called this a token gesture, saying that in fact it is difficult for religious people to join the Party. Popular participation in government was expanded with the direct election of National and Provincial assemblies. These changes signify Cuba's abandonment of the Soviet legal model.
2002 Constitutional amendments In 2002, the Constitution was again amended to make the socialist system permanent and irrevocable. This came at a time when the
Varela Project called for greater political freedom in Cuba.
Creation of private property rights On April 18, 2011, the Sixth Cuban Congress approved laws expanding the internal market and access to global markets. In February 2019, voters approved a new Constitution granting a right to private property and greater access to free markets, while also maintaining Cuba's status as a socialist state.
2019 Constitution On February 24, 2019, voters approved a new constitution, which included reforms such as: • The recognition of
private property, and the creation of a
freer market • The restoration of the positions of
President and
Prime Minister of Cuba as posts separate from
President of the Council of State and of Ministers • The transfer of head of Council of State to the President of the National Assembly • The position of mayor added to that of president of a municipal assembly • The creation of a requirement for presidentially appointed provincial governors and deputy governors to be ratified by local municipal governments • The acknowledgement of
climate change and its threat • The establishment of provincial councils made up of municipal leaders • The creation of a two consecutive five-year
term limit on the president • Defining marriage as "a social and legal institution" and "one form of family organization" • Extending the terms of municipal council delegates to five years • Banning
discrimination based on
gender,
race,
ethnic origin,
sexual orientation,
gender identity or
disability • Restoring
presumption of innocence in the justice system, last provided for in the 1940 constitution The Constitution was proclaimed as scheduled on 10 April 2019. == See also ==