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The Governing Council of the Supreme People’s Court announces its ruling on crimes against the National Electric System

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Faced with the intensification of the illegal economic, financial, and energy blockade imposed by the United States on Cuba, the Government and the State are making enormous efforts to promote an energy program that guarantees electricity generation. This is a necessary and essential service, a right of the people, and key to citizen well-being and the proper functioning of the economy.

 

However, despite this ruthless economic war and the acute fuel shortage, unscrupulous individuals are stealing components, parts, equipment, resources, fuel, and dielectric oil belonging to photovoltaic parks, solar panels, generators, and other sources. This affects the National Electrical System and jeopardizes the progress of the established strategy to mitigate the negative economic and social impacts.

These acts constitute the crime of sabotage, as defined in Article 125 of Law No. 151, the Penal Code (May 22, 2022). This article establishes penalties of seven to fifteen years of imprisonment for anyone who, with the intent to prevent or obstruct the normal use or operation of, or knowing that such a result may occur, destroys, alters, damages, or impairs the means, resources, buildings, systems, facilities, or socioeconomic or military units intended to guarantee energy sources and power transmission, among other critical infrastructure.

When such acts result in serious injury or death; involve the use of fire, flammable substances, materials, or instruments, explosives, chemical or biological agents, or other means capable of producing serious consequences; result in serious consequences, regardless of the means used; endanger public safety; or involve property belonging to material reserves, the prescribed penalty ranges from ten to thirty years’ imprisonment, life imprisonment, or death.

In response, the Governing Council of the Supreme People’s Court, exercising the powers conferred by Article 148 of the Constitution of the Republic and Article 29, paragraph 1, subparagraph g), of Law No. 140 (On the Courts of Justice), issued Opinion No. 475, dated May 23, 2025. This Opinion reaffirms that unlawful acts affecting the country’s critical infrastructure, including the electrical grid, constitute the crime of sabotage. This crime protects the normal use and operation of public assets, the security and stability of the State and its institutions, internal order through the protection of its resources and facilities, and any activity prioritized by the country, such as the energy program.

Furthermore, Article 80 of the Penal Code establishes that those responsible for this offense may be subject to aggravating circumstances, depending on the case, related to their participation as a member of a group of three or more people. The participation of minors under eighteen years of age; the use of means that create a common danger; taking advantage of the darkness of night; acting for profit; acting under the influence of alcohol, drugs, or similar substances, if such a state was incurred to commit the crime; among others.

For its part, Article 89, paragraph 2, of the aforementioned penal code establishes that those convicted may be required to serve at least two-thirds or more of their imposed sentence before being considered for parole.

The courts, collegial bodies that administer justice in the name of the Cuban people, in compliance with due process and the guarantees established in Articles 94 and 95 of the Constitution of the Republic, have acted to date with the rigor and rationality that such conduct demands, given the significant social harm caused by acts of this nature.

This is evidenced by the fact that, during the period from January to December 2025 and the first quarter of 2026, the State Security Crimes Chambers of the Provincial People’s Courts imposed prison sentences exceeding ten years on 100% of those tried, along with additional penalties such as bans on frequenting certain places, confiscation of property, and travel bans subject to payment of civil damages, among others. (Source: Radio Havana Cuba)