Cuba

Paragraph 122 

The Agrarian Reform Act of 17 May 1959 abolished these institutions and practices constituting remnants or survivals of feudalism, in order to promote the nation’s economic development. This Act prohibits the conclusion of aparcería contracts or any other contract providing for the payment of rent for a rural holding in the form of a share of the products of the holding.

Preamble 

AWARE 

that all the regimes of the exploitation of man by man cause the humiliation of the exploited and the degradation of the human nature of the exploiters; 

that only under socialism and communism, when man has been freed from all forms of exploitation—slavery, servitude and capitalism—can full dignity of the human being be attained; and 

that our Revolution uplifted the dignity of the country and of Cubans; 

Article 36 

Marriage is the voluntary established union between a man and a woman, who are legally fit to marry, in order to live together. It is based on full equality of rights and duties for the partners, who must see to the support of the home and the integral education of their children through a joint effort compatible with the social activities of both. 

The law regulates the formalization, recognition and dissolution of marriage and the rights and obligations deriving from such acts. 

Article 45 

Work in a socialist society is a right and duty and a source of pride for every citizen. 

Work is remunerated according to its quality and quantity; when it is provided, the needs of the economy and of society, the decision of the worker and his skill and ability are taken into account; this is guaranteed by the socialist economic system, that facilitates social and economic development, without crises, and has thus eliminated unemployment and the “dead season.” 

Non-paid, voluntary work carried out for the benefit of all society in industrial, agricultural, technical, artistic and service activities is recognized as playing an important role in the formation of our people’s communist awareness. 

Every worker has the duty to faithfully carry out tasks corresponding to him at his job. 

Article 46 

All those who work have the right to rest, which is guaranteed by the eight-hour workday, a weekly rest period and annual paid vacations. 

The State contributes to the development of vacation plans and facilities. 

Constitution of the Republic of Cuba 1976 (Revised 2002) (PDF)

Article 120. Crime of Apartheid 

1. The punishment of imprisonment of ten to twenty years or death, which, with the purpose of establishing and maintaining domination by one racial group over another, and in accordance with policies of extermination, segregation and racial discrimination: 

a) refuse to members of this group the right to life and freedom by murder; serious offenses against the person or psychic, freedom or dignity; torture or cruel, inhuman or degrading; arbitrary arrest and illegal imprisonment; 

b) impose legislative or other measures calculated to prevent the group their participation in political, social, economic and cultural life of the country and deliberately creating conditions that impede their full development, denying them fundamental rights and freedoms;

c) divide the population along racial lines, creating reserves and ghettos, prohibiting marriage between members of different racial groups expropriating their property; 

d) exploits the work of the group, in particular by submitting to forced labor.

2. If the act is to pursue or harass in any way to organizations and persons who oppose apartheid, or combating the penalty is imprisonment of ten to twenty years.

3. The responsibility for the acts specified in the preceding paragraphs is applies regardless of the country where the guilty act or reside and extends, whatever mobile, to individuals, members of the organizations and institutions and representatives of the state.

SECTION IV. Procuring and trafficking in persons

Article 302

1. A penalty of imprisonment of four to ten years is imposed on anyone who

a) induces another, or in any way cooperates or promotes another to engage in prostitution or carnal trade;

b) directly or through a third party, owns, manages, administers, operates or finances all or part of the premises, establishment or housing in which prostitution or any other form of carnal trade is practised;

(c) obtains in any manner whatsoever profits from the engagement in prostitution of another person, provided that the act does not constitute a more serious criminal offence.

2. The penalty shall be deprivation of liberty for ten to twenty years, when in the acts referred to in the previous paragraph any of the following circumstances apply

(a) if the defendant, by reason of the duties he performs, is involved in activities relating in any way to the protection of public health, the maintenance of law and order, education, tourism, the management of youth or the fight against prostitution or other forms of carnal trade

(b) if in the course of committing the act, threats, blackmail, coercion or abuse of authority are used, provided that the occurrence of any of these circumstances does not constitute a more serious offence;

(c) if the victim of the offence is a disabled person who is for any reason in the care of the offender.

3. The sanction is twenty to thirty years imprisonment in the following cases

a) when the act consists of promoting, organising or inciting the entry into or exit from the country of persons for the purpose of prostitution or any other form of carnal trade;

(b) if the act is carried out by a person who has previously been punished for the offence referred to in this Article;

(c) if the acts referred to in the preceding paragraphs are carried out habitually by the perpetrator.

4. In cases where the offences provided for in this Article are committed, the confiscation of property may also be imposed as an accessory penalty.
5. For the purposes of this Article, any action to encourage or exploit sexual relations as a lucrative activity shall be considered carnal trade.

Article 310. Corruption of minors

1. Whoever uses a person under 16 years of age, of either sex, in the exercise of prostitution or in the practice of corrupt, pornographic, heterosexual, or homosexual acts, or other dishonest conducts of the kind provided for in this Code, shall be liable to the penalty of deprivation of liberty for seven to fifteen years.
2. The sanction is deprivation of liberty from twenty to thirty years or death in the following cases:

a) if the author uses violence or intimidation to achieve his purposes;

b) if as a result of the acts referred to in the previous section, injuries or illness are caused to the minor;

c) if more than one minor is used to carry out the acts referred to in the previous section;

ch) if the act is carried out by someone who has the power, custody or care of the minor;

d) if the victim is under twelve years of age or is in a state of mental derangement or transitory mental disorder, or deprived of reason or sense for any reason or incapable of resisting;

e) when the act is carried out by two or more persons.

3. Whoever induces a person under 16 years of age to attend a place where acts of corruption are practised shall be liable to imprisonment for three to eight years.

4. The mere proposal of the acts provided for in paragraphs 1 and 3 shall be punishable by deprivation of liberty for two to five years.

5. In the case of the commission of the offences provided for in this Article, the sanction of confiscation of property may also be imposed as an accessory sanction.

Article 312. Sale and trafficking of minors

1. Whoever uses a person under the age of 16 in begging practices shall be punished by imprisonment for two to five years or by a fine of five hundred to one thousand quotas or both.
2. If the event foreseen in the previous section is carried out by the person who has the power, custody, or care of the minor, the sanction shall be deprivation of liberty for three to eight years

Article 316. 

1. Who sells or transfers for adoption one under sixteen years of age, to another person, in exchange for reward, financial or otherwise, compensation shall be punished by deprivation of freedom from two to five years or a fine of three hundred to one thousand quotas, or both. 
2. The penalty is three to eight years' imprisonment when the made in the preceding paragraph it refers to either of the following circumstances: 

a) if fraudulent acts are committed with the purpose of deceiving the authorities; 

b) if committed by the person or institution responsible for having the child in their care and custody; 

c) if the purpose is to move the child out of the country.

3. The penalty is seven to fifteen years of imprisonment when purpose is to use the child in any form of traffic international, related to the practice of corruption, pornography, the prostitution, trade in organs, forced labor activities linked to drug trafficking or illicit use of drugs.

The penalties provided for in this Article shall impose the facts do not constitute a more serious offense.

Chapter IV Supplementary Provisions  

Article 317.  

1. (Amended) A teacher or responsible in any form of education or address youth found guilty of any of the offenses under Articles 298, 299, 300, 302, 303, 304, 310, 311, 312, 313, 314 and 316, is imposed the accessory punishment of prohibition continuing to exercise the teaching or any other function youth leadership. 
2. For the parents, guardians or custodians who commit offenses under Articles 298, 299, 300, 302, 303, subparagraphs a) and b), 304, 310, 312 and 313, paragraph 2, in the person of their descendants, pupils or less than care, in addition to the penalty stated in each case, they are deprived or Temporary suspension of rights under the peterno-child relationship or tutelary. 
3. In crimes of rape, statutory rape or bigamy, the culprit is punished, also to recognize any resulting offspring, if requested by the offended. 
4. For the held liable for offenses under this Title shall applied the additional penalty of forfeiture of a profession, position or trade, even though the fact is not fulfilled by abuse or neglect compliance with the duties and whatever the profession, position or office of the guilty, if somehow you have been involved with the commission fact.

Article 347. Trafficking 

1. Whoever, without lawful authority, organize or promote, for financial gain, the entry into the national territory of persons in order that they emigrate to third countries, it is punishable by imprisonment seven to fifteen years. 
2. The same penalty shall, without being entitled to do and in a spirit of profit, organizes or promotes the exit of the country from people who find it to third countries. 

Article 348. 

1. The discharge into the country using ship or aircraft or other means of transport in order to carry out illegal persons, shall be punished by imprisonment of ten to twenty years. 
2. The penalty is imprisonment of twenty to thirty years or deprivation life when: 

a) it is made the comisor carrying a weapon or other instrument ideal for aggression; 

b) in the commission of the violence or intimidation it is used in people or force things; 

c) in the commission of the act it endangers the lives of people or resulting in serious injury or death of these; 

d) if among the people who are transported, it is one that is under fourteen years of age. 

Special Provision Unica:  

(added) For the purposes of the provisions of paragraph 3 of Article 8 of this Code, the applicable administrative fine shall not be less than not more than two hundred thousand pesos. However, the maximum limit of the fine may be up to two thousand pesos when circumstances competing in the event or in the offender so require. In these cases also it is imposed, where appropriate, civil liability enforceable in accordance with the provisions of Articles 70 and 71 of this Code. He may also proceed to the seizure of the effects or instruments of crime, applying where pertinent regulations regarding the accessory penalty confiscation set forth in Article 43 of this Code. If the offender fulfils the payment of the fine and comply with the terms of the , Within three working days of its liability taxation shall be terminated the proceedings and the fact, for the purposes criminal, it will not be considered a crime. However the acting forward the actions to the competent authority, if the offender requests it or not pay the fine or does not comply in terms of liability. The Interior Ministry, the Prosecutor General's Office and the Council of Government's Supreme Court shall regulate, as respectively concerning them, the application of the provisions of this Arrangement Special.

Penal Code 1999 (PDF)