The legislation will replace the current Criminal Procedure Law, which has been in force for over 40 years, and its drafting took into account the knowledge of judges, magistrates, academics, prosecutors, lawyers and specialists from various institutions.
Supreme Court President Ruben Remigio presented the initiative which, he said, also draws on the best international experiences and regulations, as well as over 100 doctoral and master’s diploma papers in Cuba and abroad.
The Criminal Procedure Law develops in its articles a lot on people’s rights and guarantees, contemplated in several articles of the Constitution approved in 2019.
According to Remigio, the legislation regulates with greater precision the nature of the precautionary measure of preventive deprivation of liberty, in addition to the right of the defendant to have legal assistance from the beginning of the process.
It endorses the presumption of innocence until there is a final conviction, and establishes it in favor of the defendant in the absence of sufficient evidence against him.
The law establishes the right against self-incrimination, the right to be informed of the charges, and the right to be tried by a preestablished court and by prior criminal laws.
It sets the right of the defendant to immediately communicate, and to receive visits from family members or relatives if he or she is detained.
The regulation distinguishes the rights of the victims, including their access to criminal justice, protection and reparation of damages, according to the opinion presented by Congressperson Jose Castañeda.