The legal system of Cuba
A socialist legal system built on a Spanish civil-law foundation. The 2019 Constitution recognises private property and foreign investment and introduced habeas corpus and a presumption of innocence, while confirming the Communist Party as the leading force of society and the state. A wave of codification followed: a new Penal Code and a Family Code in 2022, the latter approved by referendum and making Cuba the first Caribbean state to legislate same-sex marriage. Courts are formally independent but the National Assembly elects and may remove judges.
Legal tradition
Cuba belongs to the socialist civil law tradition. A socialist legal system built on a Spanish civil-law foundation. The 2019 Constitution recognises private property and foreign investment and introduced habeas corpus and a presumption of innocence, while confirming the Communist Party as the leading force of society and the state. A wave of codification followed: a new Penal Code and a Family Code in 2022, the latter approved by referendum and making Cuba the first Caribbean state to legislate same-sex marriage. Courts are formally independent but the National Assembly elects and may remove judges.
How power is divided
Unitary, organised on the principle of a single system of state power. The 2019 Constitution and the 2019 territorial reform recognise 15 provinces and the special municipality of Isla de la Juventud, with provincial governors appointed on the President's nomination.
Where law comes from
- Constitution
- Supreme law; interpreted authoritatively by the National Assembly.
- Leyes of the National Assembly
- Includes the 2022 Penal Code and the 2022 Family Code.
- Decreto-leyes of the Council of State
- Issued between Assembly sessions and later ratified.
- Instructions of the Supreme Court Governing Council
- Binding guidance on the uniform application of law.
The legal profession
Practising litigators generally work through the Organización Nacional de Bufetes Colectivos, a self-financing national body of collective law offices; independent private practice is not a recognised route. Membership of the Unión Nacional de Juristas de Cuba is the professional association. Notarial functions are performed by state notaries.
Law by topic in Cuba
- Constitutional Law2019 Constitution with a Prime Minister and expanded rightsThe Constitution approved by referendum in February 2019 replaced the 1976 text, retaining the Communist Party as the leading force in society and state while restructuring the executive to create a President of the Republic and a separate Prime Minister. It expanded the catalogue of rights, introduced habeas corpus and due-process guarantees in the text, and recognised private property alongside socialist state property. The Asamblea Nacional del Poder Popular is the supreme organ, with the Consejo de Estado acting between sessions.
- Civil ProcedureLey 141/2021 del Proceso Civil replacing the 1977 codeLey 141/2021 del Proceso Civil, Administrativo, Laboral y de Familia came into force in 2022, replacing the 1977 procedural law and introducing greater orality, clearer case management and a distinct administrative procedure. Family proceedings were separated into Ley 143/2021's companion regime. Appeals run through the Provincial Tribunales Populares to the Tribunal Supremo Popular, which also exercises a review function.
- Family LawCódigo de las Familias 2022, approved by referendum, with equal marriageThe Código de las Familias, Ley 156/2022, was approved in a national referendum in September 2022 and replaced the 1975 family code. It opened marriage to same-sex couples, recognised de facto unions with registrable effects, introduced adoption by same-sex couples, and replaced parental authority with the concept of responsabilidad parental exercised in the child's best interest. It also recognised solidarity between multiple caregivers, reflecting extended Cuban household structures.
- Business & CorporatePrivate MIPYMES authorised in 2021 alongside state enterpriseFor decades private companies were not permitted, and Decreto-Ley 46/2021 marked a structural change by authorising micro, small and medium enterprises, the MIPYMES, which may be private, state or mixed and hold legal personality. Foreign investment is governed separately by Ley 118/2014, which allows joint ventures, international economic association contracts and wholly foreign-owned companies, subject to approval. The Mariel Special Development Zone offers a distinct incentive regime.
- Employment & LabourCódigo de Trabajo Ley 116/2013 with state-mediated hiring for investorsLey 116/2013, the Código de Trabajo, governs the employment relationship, providing for written contracts, a standard 40-hour week and annual paid leave, with the Central de Trabajadores de Cuba as the single recognised trade union confederation. Foreign investment entities generally engage Cuban staff through a state employment agency rather than directly, and the agency is the formal employer. The MIPYME reforms have widened direct private employment for the first time in decades.
- Tax LawLey 113/2012 tax system, applied progressively as the private sector grewLey 113/2012 del Sistema Tributario is the framework statute, providing for profits tax, personal income tax, sales and services taxes, a labour-force use tax and social security contributions, administered by the Oficina Nacional de Administración Tributaria. Many taxes were phased in gradually, and annual budget laws suspend or adjust particular charges, so the operative rate often differs from the rate in the code. MIPYMES benefit from an initial exemption from profits tax in their first year.
- Immigration & NationalityLey 1312 on migration with visas required for most visitorsLey 1312 de Migración and its regulations govern entry, exit and residence, administered by the Dirección de Identificación, Inmigración y Extranjería within the Ministerio del Interior. Most visitors need a tourist card or visa, and foreign nationals working in Cuba require authorisation linked to their employer or investment project. The 2013 migration reform removed the exit permit requirement for Cuban citizens and extended the permitted period abroad without loss of residence.
- Property & LandSale of homes legalised in 2011, with foreign ownership tightly limitedDecreto-Ley 288/2011 legalised the sale and gift of homes between Cuban residents for the first time since 1959, ending the era of permuta swaps as the only route. Ownership is registered in the Registro de la Propiedad, and a household is generally limited to one permanent home plus one holiday home. Foreign nationals may not usually buy residential property outright unless they are permanent residents, though foreign investors can hold real rights within approved projects.
- Criminal LawCódigo Penal Ley 151/2022 in force since December 2022Ley 151/2022 replaced the 1987 Penal Code, entering into force on 1 December 2022, and was accompanied by Ley 143/2021 on criminal procedure. The new code retains the death penalty for the gravest offences, though no execution has been carried out since 2003, and it retains broadly framed offences against state security that attract sustained international criticism. Prosecutions are conducted by the Fiscalía General de la República.
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