Cuba

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.