Summary
The work of the Execution Judge and his intervention in community prevention in Cuba, its legal objectivity and procedural regulation, constitutes the fundamental object of our work, which is impregnated with many questions in Cuban judicial practice, it establishes in itself one of the complex issues in our reality, if the solutions that contributes, in this sense is that we have decided to venture into the study of this topic. Their work is currently regulated in Instruction 163 BIS of 2001 and its complementary, which establish the monitoring of the sanctioned, benefited or insured regarding the effective fulfillment of the obligations inherent to their legal situation. Mission that is aimed at the maximum fulfillment of the purposes of the sentence as a socially expected factor before the determination of a sanction as penal protection,Mandatory consequence derived from the commission of a criminal act. Being a work of extreme sensitivity, attached to the general principles of law and the regulations of criminal procedure, so it must be considered a scientific, legal and popular work.
Introduction
In 2001, the legal figure of the enforcement judge emerged, as a result of the need for a truly effective and comprehensive system of surveillance and care for people who are serving criminal sanctions or pre-criminal security measures that do not entail internment, or those that have been the object of the benefit of early release, in order to grant greater effectiveness to compliance with the subsidiary sanctions of the imprisonment, the conditional remission of the sanction and the security measures, as well as the control of the benefits of release.
For this reason, we set ourselves as an objective in our work, to publicize the importance of the work of the Execution Judge and his intervention in community prevention in Cuba.
Scientific problem
How to reduce criminal activities in communities based on the Work of the Execution Judge?
Overall objective:
Assess whether the substantive and adjectival laws have articles that regulate the Work of the Execution Judge in crime prevention in communities.
Specific objectives:
- Analyze the existing relationship between the application of the provisions of the current Criminal Legislation related to the intervention of the Execution Judge in the enforcement of sentences by those sanctioned in the communities it serves. Analyze the background and the Work of the Execution Judge in community prevention, as well as its consequences. Evaluate the Work of the Enforcement Judge established in the current Criminal Legislation, as well as its effects on the Cuban Criminal Process.
The Law of the Popular Courts Law 82, in its article 7, subsection f, establishes that…. Legality is guaranteed in judicial activity, by the obligation of the courts to effectively execute the final judgments that are issued and to monitor compliance with them by the agencies in charge of intervening in the execution process; as well as carry out the actions provided by the corresponding procedural laws, when the execution of their decisions is the responsibility of other State agencies, a legal provision directly related to the articles of the Law on criminal procedures regarding the execution of sentences, by citing that Such judicial decisions, once final, correspond to the court that heard the case in the first instance.
The substantive regulations define various types of criminal sanctions, security measures, and conditional release benefits, which those punished must comply with in freedom, but subject to certain limitations and obligations, under the control, surveillance and influence of different bodies and organizations that By mandate of the Law, they must promote the adequate re-education and social reintegration of the people subject to these social regimes.
Instruction No. 163 BIS… In each Municipal People's Court, one or more professional Judges will be appointed, whose fundamental task will consist of coordinating and controlling, in the corresponding territorial demarcation, the due compliance with the subsidiary sanctions of deprivation of liberty, Conditional remission of the sanction, pre-criminal security measures and conditional release benefits, which criminally sanctioned or insured persons must comply with in freedom, but subject to certain obligations and limitations established by law.
Taking into account the experiences of the People's Provincial Courts, especially that of Cienfuegos, that of controlling the execution of subsidiary sanctions for deprivation of liberty, benefits of release from prison and pre-criminal security measures, it is advisable to generalize the appointment of the professional judge throughout the country. to carry out his work in this activity, since before only a certain level of control was structured for these people, by the organ of the National Revolutionary Police (Order No. 3, of March 7, 1997, First Vice Minister of the Interior).
Before 2001, this control was limited only to order 3 of the PNR, which materialized in practice with the simple signature of the persons indicated in the unit's scenario, with the lack of intervention from the different factors of the community or of the work centers where the subjects to control worked, demonstrating over time the counterproductive of said control, which contributed to a new evaluation of the topic, determining the implementation of the aforementioned instruction 163/01, which was aimed in a general sense to eliminate the inadequacies of the control that preceded it, which was somewhat distanced from the punitive, preventive and educational effects conceived for the legal situations described above,The maximum responsibility falls on a professional judge due to his legal knowledge and the importance of the acts that he must undertake, in strict relation to the regulations cited in relation to the execution of sentences, such as the appearance or interview that is carried out. the accused in order to know their development and possibilities, the presentations at the place of residence and in the workplace, which allow us to know their family and work environment to complete the vision that was had at the time of the appearance, as well as make a suitable and effective control plan feasible. The participation of the representatives designated by each municipality is required, these being:in strict relation to the regulations cited in relation to the execution of sentences, such as the appearance or interview that is carried out with the accused in order to know their development and possibilities, the presentations in the place of residence and in the center of work, which allow us to know their family and work environment to complete the vision that was had at the time of the appearance, as well as make a suitable and effective control plan feasible. The participation of the representatives designated by each municipality is required, these being:in strict relation to the regulations cited in relation to the execution of sentences, such as the appearance or interview that is carried out with the accused in order to know their development and possibilities, the presentations in the place of residence and in the center of work, which allow us to know their family and work environment to complete the vision that was had at the time of the appearance, as well as make a suitable and effective control plan feasible. The participation of the representatives designated by each municipality is required, these being:that allow us to know their family and work environment to complete the vision that was had at the time of the appearance, as well as make a suitable and effective control plan feasible. The participation of the representatives designated by each municipality is required, these being:that allow us to know their family and work environment to complete the vision that was had at the time of the appearance, as well as make a suitable and effective control plan feasible. The participation of the representatives designated by each municipality is required, these being:
- The Ministry of the Interior, The Ministry of Labor and Social Security, The Cuban Workers' Center, The Committee for the Defense of the Revolution, The Federation of Cuban Women, The National Association of Small Farmers, The Association of Combatants, The Presidents and Representatives Executives of the Prevention and Social Attention Commission Social Workers Without ignoring the administrators of the work centers to which those sanctioned, insured or benefited are assigned Municipal Structures of People's Power.
Being feasible the designation of the representatives of each of the organizations with incidence in a cell narrower than the municipality, such as the Popular Councils and even the appointment of lay judges who more directly and effectively reach the neighborhood, the family and the workplace of the sanctioned person, that is, everything that includes their radius of action, which would be called activists of the assistant to the Execution Judge.
All this allows the activity in question to lean more towards the preventive-reeducational edge, this being the most noble part as it is understood as the obligation of society as a whole, to counteract the negative influences of ideological and therefore behavioral diversionism that are manifest, aiming at the avoidance of deviant, antisocial and criminal behaviors by effectively eliminating the causes and conditions that generate it, one of these being the marginality in which many of these people found themselves who returned to crime due to the lack of treatment adequate, such as job offers, prophylaxis aimed at acceptance by the community and even family members themselves, a situation that underwent a positive change with the emergence of this legal figure,It also controls the matters in process, receives the judicial decisions and other documents from the sanctioning courts, prepares all the documents that contain the files filed, informing the Judge of the results and other writings that are presented in the execution process.; files files and notifies judicial decisions; records the acts of appearance and presentations of the persons subject to control, both in the place of residence and in the workplace; delivers trades to agencies, labor centers, mass and social organizations.informing the Judge of the results and other documents that are presented in the execution process; files files and notifies judicial decisions; records the acts of appearance and presentations of the persons subject to control, both in the place of residence and in the workplace; delivers trades to agencies, labor centers, mass and social organizations.informing the Judge of the results and other documents that are presented in the execution process; files files and notifies judicial decisions; records the acts of appearance and presentations of the persons subject to control, both in the place of residence and in the workplace; delivers trades to agencies, labor centers, mass and social organizations.
These are legally responsible, in one way or another, with the vigilance and positive influence on the positive conduct of those sanctioned, through their respective representatives designated for this work.
Favorable situation that extends until the fact of the revocation, since prior to the instruction, all the elements were determined lacking, especially when it came to breaches of the obligations inherent to their legal situation, at present such decision has It must be preceded by the criteria of all the members of the organizations and institutions that are related to the sanctioned person, which collides with the execution judge who extends his opinion to the sanctioning court when the request for revocation is presented by the PNR, which allows greater quality and transparency, evidencing another guarantee within the execution process, the decision adopted by the sanctioning court in relation to the request will be immediately communicated to the judge in charge of the execution control.
As another of the functions of this institution is to ensure that those sanctioned under its control comply with the accessory sanctions and other obligations that have been imposed in the sentence, including that corresponding to civil liability derived from the crime committed, although without overcoming legal loopholes. that exist around this, it is only aimed at specifying that this debt exists and urging the sanctioned to worry about its satisfaction.
It also executes the liquidations of specific sanctions such as correctional work without internment and delivery to a working group as a security measure, which depend on the time actually worked and punctually on the date on which the incorporation of the same to the work center takes place, documentation that it is sent with all the formalities to the corresponding sanctioning courts, which allows to eliminate the impunity that was evidenced as a risk factor prior to the investigation.
This experience in its short period of validity was limited in its beginnings by the prejudices that the administrative staff maintained in relation to employing in their respective centers to sanctioned or released, considering that they could divert the rest of the workers becoming a problem for them, an aspect on which we have been working to redeem this situation from the re-socializing role of work, especially when in our society it is the only legal source of obtaining income, a guarantee that has been arbitrarily denied, currently observing the change of mentality, since it is managers who show interest in enforcement activities, by participating in meetings with those sanctioned, providing periodic reports to enforcement judges,as well as their concerns for personal problems presented by them, as well as professional improvement, which is in correspondence with the Programs of the Revolution, aimed at equality and the development of the social being.
At this time when our country is fighting crime and corruption as scourges that tend to weaken the revolutionary process, the work carried out by the Execution Judge and all the factors involved in this task is of vital importance, controlling effectively to the criminal potential in order to comply with the judicial mandates in the sense in which they have been ordered, avoiding fraudulent actions regarding the location of the workplace and its permanence, the relevance of their work performance regarding the sanction provided and the crime committed, as well as the illegalities associated with the legal domicile or place of residence of the sanctioned person.
The enforcement judge has specific functions to fulfill, such as:
- Instruct the sanctioned person on the legal situation and obligations by which their behavior should be governed, in addition to the place where they will go to work and the consequences that the breach of their duties could cause, as well as the surveillance to which they will be subjected and the interest of helping him to comply adequately.Within 20 days following the appearance, in coordination with the representatives of the Ministry of the Interior and the organizations involved, they will visit the area of residence and in their presence will inform the relatives and members of the corresponding grassroots organizations in the community, the obligations and restrictions that he is in the duty to fulfill and for which he must respond to his citizens,entrusting everyone to be attentive to their behavior and positively influence their conduct, it will also ensure that those sanctioned under its control comply with the accessory sanctions and other obligations that have been imposed in the sentence, including that corresponding to civil liability derived from the crime task.
The criminal legal situations controlled by the Execution Judge are:
Those sanctioned to:
- Correctional Work Without Detention Limitation of Liberty Deprivation of Liberty Conditionally Remitted.
The beneficiaries with:
- Probation, Suspension from Correctional Work with Internment, Extra-Criminal License.
Those subject to pre-criminal security measures:
- Delivery of a work group Surveillance by the Bodies of the National Revolutionary Police.
In addition to:
Those who have had the originally imposed sanction of deprivation of liberty replaced by that of correctional work without internment or limitation of liberty in accordance with the provisions of article 30 paragraph 13 of the Penal Code.
Its work is not exempt from indications susceptible of analysis aimed at its eradication, such as the perfection of the proceedings, the quality of the monthly meetings, the tightening of coordination relationships, the agility of the movement of documentation between the sanctioning court. and execution judge; but the achievements in the qualitative order are significant, being able to highlight in this sense the individualization that the execution judge can achieve of the personnel under his control, the insertion of the factors of the community with a sense of belonging when seeing as his own the trajectory of the sanctioned and its evolution, the response of those sanctioned to control, which in most cases translates into concern, respect, reflection on the accusations,interest in complying with and re-inserting themselves into society, concern of family members and confidence in the efforts of the bodies involved in control.
The procedure that is carried out for the job placement and integrated control and care system for graduates of Penitentiary and Sanctioned Establishments without Internment.
As a first step, the Provincial Bodies of Penitentiary Establishments of the Ministry of the Interior, with 90 days in advance, to the date that the discharge must take place, deliver to the Directorate of the National Revolutionary Police and the Provincial Labor Directorates the previous reports of freedom of:
- People who, due to having extinguished the sanction imposed or the internment security measure, leave the Penitentiary establishments or the Specialized Centers of the Ministry of the Interior to comply with security measures People who, due to having fulfilled the requirements demanded by law, are released early and for benefits of probation, extra-criminal leave, suspension of correctional work with internment or those that have been replaced by the penalty of deprivation of liberty for correctional work without internment or limitation of liberty.
The Labor Directorates, together with the Provincial Body of Penitentiary Establishments, organize interviews with these people in the establishments themselves where the conditions for their development are created, with the aim of expanding information to proceed to their work placement in a term of at least 30 days before being released.
When it is not possible to assign the job during the interview, the Official of the Labor Directorate identifies new positions and in the next visit to the Penitentiary Establishment, it will be carried out within a period of no more than 15 days, assigns the job location.
In the interview with people who have the sanction imposed or internment security measure, who accept the assigned work location, they are indicated to appear at the Work address of the municipality of residence, for the purposes of their incorporation to work within the term of up to 7 business days from your discharge, in cases where you reside in the province where the Penitentiary Establishment is located; within 15 business days when residing in another province.
In an interview with the Judge of Control and Execution of our municipality, we learned that the Crimes Commission has been increasing, since those sanctioned are serving their sanction and commit another crime, which increases the number of revoked, as well as fail to comply the conditions imposed such as:
- Change of Work Centers without authorization of the Control and Execution judge Change of place of residence without authorization Exit outside the municipality.
Taking into account that the social mission of the execution judge is aimed at the rescue of the man and his values and not at his return or admission to the penitentiary where his re-education becomes more risky and difficult. Therefore, in this sense, in our municipality, the Morality and Ethics Councils have been of inestimable value, arising on the scene of the Prevention Commission with the purpose of exclusively attending to prostitution, being reevaluated their operating edges and extended to other legal situations, which experienced positive balances, as they were made more than a requirement to the offenders, a value judgment regarding the conduct that must be maintained in observance of social demands.
The work of the Judge has had a great impact in our country, since greater control has been achieved in compliance with subsidiary sanctions, security measures and benefits, the reintegration of people who have been isolated from society. Reducing the economic, social and political cost of the process for the country, the reduction of people in prisons as a result of greater trust in them.
In addition, this work places our country in the forefront at the global level in terms of compliance with the minimum rules of the United Nations on the types of sanctions.
In the V National Workshop on the judge in charge of the execution, held in September 2008, various aspects were discussed and this allowed identifying as a result of the permanent inspection visits that are made to this activity by the Party leadership, the People's Supreme Court and the Prevention and Social Care System that remain, in general, as the main deficiencies:
- It is not possible to implement, in most of the territories, an organized and efficient system of control and monitoring of those controlled by the institutions and organizations linked to the task, mainly of the mass and social organizations in the areas of residence and the centers. In general, mass organizations are not able to implement, in all territories, that their attention to the controlled persons is individualized, organized and planned based on holding one of their members at the base responsible with the attention of these people and their families. There is also no permanent communication between these structures and the enforcement judges on the behavior of those sanctioned.In most courts, the strategies for individualization in the monitoring of those controlled are not clearly established, taking into account the type of crimes or antisocial behaviors committed and the characteristics of those punished, which would allow defining the frequency of control actions to carry out each of the sanctioned. There are delays in the transmission of documents from the judging courts to the execution judges, causing irregularities in the initiation of control over sanctioned. In some territories, absences of the National Revolutionary Police, the mass organizations and the administrations of labor entities to the presentations of those sanctioned in the areas of residence and work centers. Conclusionstaking into account the type of crimes or antisocial behaviors committed and the characteristics of those sanctioned, which would allow defining the frequency of control actions to be carried out on each of the sanctioned. There are still delays in the submission of documents from the judging courts to the execution judges, causing irregularities in the initiation of control over sanctioned In some territories absences of the National Revolutionary Police, the mass organizations and the administrations of the labor entities are reported to the presentations of the sanctioned in the areas of residence and the work centers. Conclusionstaking into account the type of crimes or antisocial behaviors committed and the characteristics of those sanctioned, which would allow defining the frequency of control actions to be carried out on each of the sanctioned. There are still delays in the submission of documents from the judging courts to the execution judges, causing irregularities in the initiation of control over sanctioned In some territories absences of the National Revolutionary Police, the mass organizations and the administrations of the labor entities are reported to the presentations of the sanctioned in the areas of residence and the work centers. ConclusionsThere are still delays in the submission of documents from the judging courts to the executing judges, causing irregularities in the initiation of control over sanctioned persons. In some territories, absences of the National Revolutionary Police, the mass organizations and the administrations of the entities are reported. to the presentations of those sanctioned in the areas of residence and work centers. ConclusionsThere are still delays in the submission of documents from the judging courts to the executing judges, causing irregularities in the initiation of control over sanctioned persons. In some territories, absences of the National Revolutionary Police, the mass organizations and the administrations of the entities are reported. to the presentations of those sanctioned in the areas of residence and work centers. Conclusionsthe mass organizations and the administrations of the labor entities to the presentations of the sanctioned in the areas of residence and the work centers. Conclusionsthe mass organizations and the administrations of the labor entities to the presentations of the sanctioned in the areas of residence and the work centers. Conclusions
Through the practical theoretical analysis of the role of the Execution Judge, we can reach the following conclusions:
- That both the judges and the rest of the personnel involved in the task, we are in a better position before it, raising it to a higher rung, without forgetting that we have a long way to go, showing the main shortcomings and possible solutions to redeem them, accurately recognizing the achievements that have been achieved. It is indicated that the path to follow is that of perfection, so as not to disappoint those who insisted on making such a beautiful idea, which has a scientific basis as it is the result of study and application of the methods recognized by the methodology of social research, when starting with the method experienced in the Province of Cienfuegos. It constitutes a legal provision,for being endorsed in the legal texts that were cited in the body of work and eminently popular for enriching itself through the intervention of factors with an impact on the community.
Bibliography
- Rivero García Danilo and Pérez Pérez Pedro A: The Oral Trial. 2001.Collective of Authors, Topic for the Study of Criminal Procedure Law, Volume II, Law of Criminal Procedure, Law No. 5 of August 13, 1997. Constitution of the Republic of Cuba, Political Editor, Havana 1992. Summary of the National Conference "Perspectives of the Work of the Execution Judge in Cuba and its intervention in the prevention of crime in the communities." Havana, Palace of Conventions, April 1994.
