The Cuban Criminal Enforcement Law includes mechanisms for early release, such as parole and early release. These benefits allow some convicted individuals to serve their sentences outside of prison under certain conditions, such as having served part of their sentence, maintaining good conduct, or having serious health problems that prevent them from remaining in prison.
However, both legal concepts can cause confusion or doubt. Parole can be granted if the convicted person has served part of their sentence (between one-third, one-half, or two-thirds, depending on the case) and has demonstrated good conduct.
For its part, the extra-penal license consists of a temporary permit granted for health reasons, disability or justifiable situations that prevent compliance with the sentence. This may apply in cases such as people with serious illnesses, people with disabilities that prevent them from remaining in prison, and pregnant women in the pre- or postnatal stage.
Authorities strictly monitor those who receive these benefits and can revoke them if they fail to meet the imposed conditions. This control breeds fear and self-censorship, as many released prisoners and their families are afraid to report human rights violations or demand justice, for fear of reprisals such as being returned to prison.
Procedure for granting early release benefits
Who can apply for early release benefits?
– The sanctioned person, through a formal request to the court or through the prison authorities.
– His family members, representing the sanctioned person.
– A lawyer appointed to handle the application and defend the case.
– Prison authorities can initiate the process automatically if they consider that the sanctioned person meets the legal requirements (this is called “ex officio”).
What role does the court play?
The provincial court in the territory where the person is serving their sentence is responsible for reviewing the application and verifying whether the legal requirements for early release are met. To do this, it must assess:
– The behavior of the sanctioned person in prison.
– The time served under the sentence, as established by law.
– The person's state of health, in case their medical condition makes their continued stay in the prison system unfeasible.
The final decision is based on reports from prison authorities, the prosecutor's judgment, and a detailed analysis of the case, ensuring that the process complies with established legal requirements.
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