Revista de la Abogacía

JUDICIAL CONTROL OF PROVISIONAL DETENTION: SOME EXPERIENCES IN ITS APPLICATION DURING THE FIRST YEARS OF IMPLEMENTATION OF THE CRIMINAL PROCEDURE LAW

2025-07-10T13:18:48+00:00

Provisional detention in Cuba, as an exceptional precautionary measure, has been the subject of tensions between the need to ensure the conduct of criminal proceedings and respect for the fundamental rights of the accused. This article examines the judicial control of this figure in the Cuban legal system, analyzing its theoretical foundations, its normative evolution and the practical challenges arising from its application. On the basis of a critical approach, interpretation distortions and discrepancies in the implementation of the measure are identified, many of them related to the weighting of legal assumptions and the principle of proportionality. It also assesses the impact of recent procedural reforms, highlighting the progress and persistent contradictions in judicial practice. The study concludes with reflections on the need to strengthen judicial review mechanisms in order to avoid arbitrary applications, ensuring that provisional detention fulfils its function without violating due process guarantees.

Effectiveness of preparatory proceedings in the Ecuadorian procedural system

2025-07-10T13:45:33+00:00

To file a lawsuit or start a legal process, it is necessary to verify the arguments, evidence and information that is available in order to sustain the process and achieve the claim. Based on this objective, there are preparatory proceedings to resolve legal-procedural issues that arise prior to starting the main process, in this sense, our procedural norm, the General Organic Code of Processes, has established the preparatory proceedings in order to determine or complete the active or passive legitimation of the parties in the future process or advance the practice of urgent evidence that could be lost. In this paper we will address the concepts of preparatory proceedings, the preparatory proceedings in other legislations and the scope that they could have, in order to determine their practical utility and the way to request them.

Narcoviols, a criminological analysis of the phenomenon

2025-07-10T13:54:18+00:00

The unusual and overwhelming violence that we are experiencing in the countries where there has been an escalation of power of the drug cartels, responds to a series of political and social events that have degraded our communities, to the point of turning our own population into a soup. of cultivation for the “hiring” of people who under other conditions would not have committed crimes, and given the economic and criminodynamic circumstances that favor, but rather encourage, participation, we now see a strengthening at all levels of this organized crime, But unfortunately, there is also a substantial increase in violence in our streets, which no longer only serves to preserve the power reserves of criminal groups, but also responds to the need to belong to groups at the local level. the supremacy of these and the imposition of them over antagonistic groups, without failing to mention that the possible presence of corruption at certain levels of government could be promoting consensual action that ends up giving them a practically dictatorial and deeply disruptive reach.

Gender-Based violence as an Aggravating Factor in the Crime of threats. methodological elements for its determination

2025-07-10T14:10:11+00:00

Gender inequality is configured as a mechanism of social power through which women are subjected to men, leading to a considerable increase in acts of violence against females. The objective of this article is to establish the methodological elements that allow for the determination of the commission of the crime of threats as a consequence of gender-based violence.

To achieve this, theoretical and doctrinal approaches to gender-based violence as an aggravating factor and its specificities in the crime of threats were systematized for the theoretical construction of this criminal figure within the legal framework. For the diagnosis of the current state of the object of study, methods and techniques were employed, including documentary analysis, jurisprudential analysis, and semi-structured interviews, successfully identifying the main fissures that the criminal process still present in investigating crimes committed as a result of gender-based violence, specifically threats; this allowed for the presentation of a proposal for methodological guidelines to identify the phenomenon within this criminal typology

Towards the application of restorative practices aimed at minors in conflict with criminal law in Cuba

2025-07-10T14:20:08+00:00

The phenomenon of the legal transgression of minors and youth crime has been present in all social formations manifesting itself in different ways in correspondence with the moment concrete historical. In this sense, restorative practices arise in innovative response to this phenomenon given the limitations of the traditional criminal system. In Cuba, efforts are intensified to eradicate or minimize the causes or conditions that lead to children or young people towards transgressive behaviors of the law. That is why this aspect is addressed in this article, which is of vital importance because the criminal acts that are carried out by minors are dissimilar and their protection in legal matters is necesary.

“SOME THEORETICAL NOTES ON THE PHENOMENON OF GENDER-BASED VICARIOUS VIOLENCE”

2025-07-10T14:59:57+00:00

Vicarious violence is one of the forms of manifestation of gender violence, committed by men against women, but exercised on third parties for their own purposes. Its treatment is novel, since in Cuba there are no investigations associated with this type of violence as this phenomenon is not identified as gender-based violence. This article allows us to establish the main theoretical foundations of violence, gender violence and its types, the conceptualization of vicarious violence based on the different doctrinal criteria, its manifestations and characteristics. The methods used are historical-logical to understand the behavior of the phenomenon of violence throughout history and the logic of its development and evolution and the theoretical-legal method for bibliographic and doctrinal analysis, the examination of the elements of the topic investigated and defining essential concepts.

Constitutional Justice and Constitutional Control. A look from current Cuban regulations

2025-07-10T15:08:36+00:00

The work is based on the concept of Constitutional Justice, as a basic complement for the aplication of constitutional rights leading to constitutional control, conceptualized in a wider range as the authority or faculty given to the judge of analysing the veredict on a specific case, and not apply the norm that seems unconstitutional to his own criteria. It highlights the essence of the judge's labor on the legal system and simultabeously evaluates the Constitucional Control mecanisms that are today applied to the cuban legal system, offering recommendations that, according to the authors, are meant to improve the actual model, looking forward to guarantee the protection of those who require legal support to fight against the infringment of their legal rights.

The prevention of manifestations of private corruption in cuba in micro, small and medium enterprises. A look and proposals from legal advice

2025-07-10T15:33:42+00:00

In this article it is defined the private corruption and are analyzed the main mechanism that from the international legal document are regulated to confront this phenomenon. It is analyzed the Cuban private juridical groundwork and the normative evolution of this sector. In function of the actual regulation of the Cuban lawyers and of the growing of private sector is proposed some recommendation as elements that can prevent private acts of corruption in Cuba.

Ethics in Family Law and its Contribution from the Process to the Optimum Practice of advocacy

2025-07-10T15:59:03+00:00

The practice of law is inseparable to the ethical performance of its subjects at all times and and in all circuntances, even when the layer is not in the stand or his or her place of work. Ethical practice is not exclusively a responsibility of judges, prosecution or any other official, since ethics is central across the board in the practice of Law. This paper this unique universal feature, is mainly devoted to the analysis of the procedural matters pertaining family law taking as reference texts The Constitution, The Family Code, the Procedural Code as well as the Code of Ethics of National Organization of Collective Law Firms. This paper does not intend to provide a one size fits all solution, but to demonstrate that in this practice ethical behavior is as essential as breathing