Business law in Cuba

Legal Framework

Independence of Justice

The Cuban judiciary depends on the Cuban regime which uses it to reprimand political opponents.  Many of them are charged with "dangerousness to society", a preventive measure defined as "a propensity to commit a crime". However, this charge is almost exclusively used for political opponents.

Equal Treatment of Nationals and Foreigners

Chapter 3 of the Cuban Constitution recognizes that foreigners (permanent or temporary) have the same rights and duties as those granted to Cubans (protection of the individual and property, a duty to respect the Cuban Constitution and the law, submission to Cuban jurisdiction and to judgments rendered by the Cuban courts of law).  However,  in reality,  the Cuban judiciary's political dependency means that the foreigners' rights to a fair trial are not guaranteed.

The Language of Justice

Spanish.

Recourse to an Interpreter

There is no particular procedure.

Sources of the Law and Legal Similarities

The main source of law is the 1976 Constitution (amended in 1992 and 2002), which is based on Spanish and American laws. Nevertheless, the legal communist theory has also contributed to it thus enabling the judicial system to be fashioned in a way as to guarantee political control over the Cuban population.