The Cuban Attorney General’s Office proposes updating procedures for asset confiscation on charges of unjustified enrichment

The Cuban Attorney General’s Office proposes updating procedures for asset confiscation on charges of unjustified enrichment

The Office of the Prosecutor of the Republic of Cuba published an article on its official website indicating the necessary modernization of confiscation procedures due to unjustified enrichment.

In the text dated September 12, they stressed that this process, which has been in place in Cuba since 1994, “represents a high level of obsolescence and it is urgent to improve its application.”

As specified, the goal is “to achieve greater effectiveness and equality for parties, as a model for respect for basic rights and the possibility of removing legislative shortcomings that limit the guarantees of those subject to the application of Decree Law No. 149 of 1994.”

The Attorney General’s Office says the legislation passed nearly 30 years ago was implemented as a “demand of the majority of our people.” It was then decided to “assign the State Council to take effective and exemplary measures, with the required speed, against those who acquire illegal assets and accumulate wealth and material goods, outside the scope of what is legally prescribed.”

The authority itself indicates that it has “the legal powers to investigate and prove the procedure.” To do this, the prosecutor must prove the means or source of enrichment and the disproportion between the legitimate income obtained by the accused and the true value of his assets.

Office of the Prosecutor for the Enrichment of Cuba

Likewise, it asserts that “it is up to the aggrieved party to prove the legitimacy of the income used to increase its assets, without prejudice to the obligation of the Public Prosecutor’s Office to verify the legitimacy of this or to prove the income in the event that the filer does not do so.” an act.”

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The website of the Attorney General’s Office allows Cubans a condition Regional Public Prosecutor of Las Tunas on the “Expropriation Procedure for Unjust Enrichment and Proposal to Completion it in Cuba.”

There, the modernization of the process is described as necessary “in accordance with the provisions of the new Magna Carta approved in a referendum held on February 24, 2019.” Hence, amendments to the current confiscatory administrative rules and procedures are proposed, “which ensure, within a framework of strict legality and guarantees for citizens, the defense of the interests of the state.”

In essence, he notes that asset confiscation (seizing assets from individuals) is “a recent trend to combat corruption in many countries.”

This news brought to mind the words of Cuban leader Esteban Lazo Hernandez, who recently said: “The punishment that hurts people the most here is taking things away from them, more than fines.” “I confiscate your goods, I confiscate your property for violating the law, because here we must respect Laws of this country.”

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