November 19, 2009

Appendix 3: The “Dangerousness” Law, Excerpt from the Cuban Criminal Code[380] 

TITLE XI

THE STATE OF DANGEROUSNESS AND SECURITY MEASURES

 

Chapter 1

The State of Dangerousness

Article 72.  A state of dangerousness is considered to be the special propensity of a person to commit crimes, as demonstrated by conduct observed in manifest contradiction to the norms of socialist morality.

Article 73.

1. The state of dangerousness is seen when any of the following hazardous indicators occur concurrently in the individual:

a)      habitual drunkenness and dipsomania;

b)      drug addiction;

c)      antisocial behavior

2. A person is considered to be in a state of dangerousness due to antisocial behavior if the person routinely breaks the rules of social coexistence by committing acts of violence, or by other provocative acts, violates the rights of others or by his or her general behavior weakens the rules of coexistence or disturbs the order of the community or lives, like a social parasite, off the work of others or exploits or practices socially reprehensible vices.

Article 74. Mentally ill persons and persons of delayed mental development are also considered to be in a state of dangerousness, if, because of [their mental condition], they do not have the ability to comprehend the scope of their actions nor to control their conduct, provided that these represent a threat to the security of others or to the social order.

Chapter 2

The Official Warning

Article 75.

1. Anyone who, without falling under [the categories of] any of the states of dangerousness referred to in Article 73, by his or her ties or relations with persons who are potentially dangerous to society, to other individuals and to the social, economic and political order of the socialist state, may as a result develop a propensity to commit crime, will be given a warning by the competent police authority, to prevent the individual from pursuing socially dangerous or criminal activities.

2. The warning will be executed, in any case, by means of a written document that states the causes that establish the [state of dangerousness] and the information provided by the warned person, signed by the latter and by the acting [officer].

Chapter 3

Security Measures

FIRST SECTION: General Regulations

Article 76.

1. Security measures can be ordered to prevent the commission of crimes or as a result of their having been committed. In the first case they are called pre-criminal security measures; and in the second, post-criminal security measures.

2. Security measures are applied when the individual displays any of the dangerousness indicators referred to in Articles 73 and 74.

Article 77.

1. Post-criminal security measures, as a general rule, are applied after the termination of the imposed sanction.

2. If during the implementation of a security measure applied to a convicted person, a penalty of imprisonment is imposed on said person, the execution of the security measure will be suspended, to be renewed once the penalty has been served.

3. If, in the case mentioned in the previous section, the sanctioned person is conditionally released, the safety measure will be terminated on completion of probation as long as the probation has not been revoked.

SECOND SECTION: Pre-criminal Security Measures

Article 78. Once a person has been declared to be in a state of dangerousness by the corresponding process, the most adequate of the following pre-criminal security measures may be applied:

a)      therapeutic;

b)      re-educational;

c)      oversight by the agencies of the National Revolutionary Police.

Article 79.

1. The therapeutic measures are:

a)      internment in a welfare, psychiatric or detoxification institution;

b)      appointment to specialized educational center, with or without internment;

c)      outside medical treatment.

2. The therapeutic measures are applied to mentally ill persons and persons of delayed mental development in a state of dangerousness, to dipsomaniacs and to drug addicts.

3. The implementation of these measures shall last until the state of dangerousness disappears in the individual.

Article 80.

1. The re-educational measures are:

a)      internment in a specialized institution for work or study;
b)      surrender to a labor collective, for the control and orientation of the conduct of an individual in a state of dangerousness.

2. Re-educational measures are applied to antisocial individuals

3. The term of these measures is at least one year and at most four years.

Article 81.

1. The monitoring by agencies of the National Revolutionary Police consists of orientation and control of the conduct of an individual in a state of dangerousness by officials of these agencies.

2. This measure is applicable to dipsomaniacs, drug addicts and antisocial individuals.

3. The term of these measures is at least one year and at most four years.

Article 82. The court may impose the appropriate type of pre-criminal security measure according to its respective degree, and will establish its extension within the set limits of each case, choosing those which are of detentive or not detentive character, depending on the severity of the individual’s state of dangerousness and the possibilities for his or her rehabilitation.

Article 83. The court, at any time during the execution of the pre-criminal security measure may change its category or duration, or suspend it at the request of the agency in charge of its implementation or by the court’s discretion. In the latter case, the court will ask for the executing agency’s report.

Article 84. The court will inform the prevention agencies of the National Revolutionary Police of the decided pre-criminal security measures which should be carried out under conditional liberty, for the purposes of their execution.