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Active extraterritorial jurisdiction is provided for over crimes committed outside Cuba by Cuban nationals or residents in Cuba if they are found in Cuba or extradited to Cuba and by Cuban nationals if they are surrendered in compliance with treaties signed by Cuba. Cuban laws also apply to foreigners who commit a crime outside Cuba if they are found in Cuba and not extradited, provided that the crime is punishable in the place it was committed (double criminality) and the proceedings are initiated at the request of the Minister of Justice.
Passive extraterritorial jurisdiction is not provided in the Criminal Code. Cuban legislation does not regulate universal jurisdiction but Cuba has incorporated into its domestic legislation a variety of crimes of an international nature such as human trafficking.
The general rule is that Cuban citizens cannot be extradited, and foreigners can be extradited according to international treaties ratified by Cuba and in their absence, according to Cuban law or based on the principle of reciprocity. Extradition can only be requested for an offence provided for in a law in force, both at the time of its commission and at the time of processing the request (double criminality). The principle of severity of the punishment applies and therefore the extradition of all SEC related offences is not guaranteed.
Criminal Code, Law of Criminal Procedure, 2022, 2022
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