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Cuba Judicial Competition practice questions

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Question 1Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 8 of Cuba's Código Penal (Ley 151/2022), what defines the subjective element of direct intent (dolo directo) in the commission of a criminal offense?

  1. The perpetrator foresees the socially harmful consequences of the act as certain or probable and actively desires their production Correct answer.
  2. The perpetrator foresees the possibility of harmful consequences but groundlessly trusts they will not occur
  3. The perpetrator fails to foresee the harmful consequences despite being legally required and able to foresee them
  4. The perpetrator acts under an involuntary physical reflex caused by external mechanical force

Explanation

Article 8.1 of Ley 151/2022 provides that an offence may be committed intentionally or through negligence, and Article 8.2 defines the intentional offence as one where the person consciously and voluntarily performs the socially harmful act or omission and has willed its result. The same paragraph also brings dolo eventual within intention, covering the person who, without willing the result, foresees the possibility that it will occur and accepts that risk.

Question 2Cuban judicial preparation: legal issues, evidence and reasoned decisions

Which exculpatory ground under Ley 151/2022 requires an actual, unlawful, and unprovoked aggression against the person or legitimate rights of the defender or a third party?

  1. Estado de necesidad justificante
  2. Legítima defensa Correct answer.
  3. Cumplimiento de un deber legal
  4. Ejercicio legítimo de un derecho

Explanation

Article 23 of Ley 151/2022 governs legitimate defense (legítima defensa), requiring an illegitimate, current, or imminent aggression, lack of sufficient provocation by the defender, and rational necessity of the means employed to repel or impede it.

Question 3Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 34 of Ley 151/2022, what is the maximum duration of the sanction of privación temporal de libertad?

  1. Twenty years, which may be extended to thirty where the offence charged carries a thirty-year sanction
  2. Twenty-five years, with no statutory possibility of extension
  3. Thirty years, exceptionally extendable to forty in cases of continued offence or extraordinary aggravation where the offence carries a thirty-year sanction Correct answer.
  4. Forty years in every case, thirty years being reserved as the minimum for offences that also admit perpetual imprisonment

Explanation

Article 34.1 provides that deprivation of liberty may be perpetual or temporary, and Article 34.4 fixes the maximum of the temporary sanction at thirty years, exceptionally extendable to forty in cases of continued offence and extraordinary aggravation where the offence as qualified carries a thirty-year sanction. Article 34.5 permits the same extension to forty years for a sanción conjunta. Twenty years appears elsewhere in the article for a different purpose: under Article 34.6 a person under eighteen at the time of judgment cannot receive more than twenty years, extendable to thirty in a sanción conjunta.

Question 4Cuban judicial preparation: legal issues, evidence and reasoned decisions

Which non-custodial alternative sanction under Ley 151/2022 allows the sentenced person to remain in their community while serving structured community labor under judicial supervision?

  1. Trabajo correccional con internamiento
  2. Trabajo correccional sin internamiento Correct answer.
  3. Privación perpetua de libertad
  4. Internamiento en centro psiquiátrico

Explanation

Trabajo correccional sin internamiento, governed by Article 37 of Ley 151/2022, is a subsidiary sanction that keeps the sentenced person in their own home and community while they perform obligatory work under judicial and social control. It sits in the same group of alternatives to imprisonment as limitación de libertad and trabajo correccional con internamiento.

Question 5Cuban judicial preparation: legal issues, evidence and reasoned decisions

In Ley 143/2021 (Del Proceso Penal), from what procedural moment does an accused person have the absolute right to be represented by a defense attorney (abogado defensor)?

  1. Only after the formal indictment (conclusiones provisionales) is filed by the fiscal
  2. From the moment they are detained, instructed of charges, or subjected to a precautionary measure Correct answer.
  3. Only once the oral trial hearing (juicio oral) is formally opened by the tribunal
  4. Exclusively during the execution of sentence phase before the Juez de Ejecución

Explanation

Article 94 of Cuba's 2019 Constitution and Articles 126 and 127 of Ley 143/2021 establish that the right to defense is operational from the inception of criminal proceedings, specifically from detention or the adoption of any precautionary measure.

Question 6Cuban judicial preparation: legal issues, evidence and reasoned decisions

What is the primary statutory purpose of the constitutional Habeas Corpus proceeding under Article 787 of Ley 143/2021?

  1. To obtain monetary damages against the investigating police officer
  2. To secure immediate judicial review of the lawfulness of any deprivation of personal liberty Correct answer.
  3. To retry a final criminal conviction based on newly discovered exculpatory evidence
  4. To resolve jurisdictional disputes between municipal and military tribunals

Explanation

Under Article 787 of Ley 143/2021 and Article 96 of the Constitution, Habeas Corpus guarantees that anyone deprived of personal liberty, or someone acting on their behalf, can immediately petition a competent court to verify the legality of the detention.

Question 7Cuban judicial preparation: legal issues, evidence and reasoned decisions

Which judicial officer is statutorily tasked under Ley 152/2022 (Ley de Ejecución Penal) with controlling the legality of sentence enforcement and deciding on conditional releases?

  1. El Juez de Ejecución Correct answer.
  2. El Instructor Policial
  3. El Secretario Judicial
  4. El Médico Legista

Explanation

Ley 152/2022 created the specialized figure of the Juez de Ejecución within popular tribunals to guarantee judicial supervision over sentence enforcement, respect for convicts' human rights, and the granting of conditional release.

Question 8Cuban judicial preparation: legal issues, evidence and reasoned decisions

What is the evidentiary standard prescribed in Article 363 of Ley 143/2021 for popular tribunals evaluating evidence in a criminal judgment?

  1. Strict legal proof where statutory rules predetermine the numerical weight of each witness
  2. Joint appraisal of all evidence admitted and practiced in the trial in accordance with the rules of sound judicial criticism (sana crítica) Correct answer.
  3. Uncontrolled subjective conviction without any obligation to state factual reasons
  4. Acceptance of the prosecutor's investigative summary as conclusive evidence without corroboration

Explanation

Under Article 363 of Ley 143/2021, judges evaluate evidence freely but rationally through 'sana crítica' (sound criticism), requiring logical, scientific, and empirical reasoning stated explicitly in the motivation of the sentencing verdict.

Question 9Cuban judicial preparation: legal issues, evidence and reasoned decisions

In Ley 151/2022, how is the concept of attempted offense (tentativa de delito) distinguished from a completed offense (delito consumado)?

  1. The perpetrator performs all or part of the execution acts that should produce the result, yet the result does not occur due to circumstances independent of their will Correct answer.
  2. The perpetrator voluntarily desists before performing any external acts of preparation
  3. The perpetrator commits an administrative infraction that causes no economic damage
  4. The perpetrator agrees with another party to commit a crime but takes no executive steps whatsoever

Explanation

Article 13.1 of Ley 151/2022 makes both the completed offence and the attempt punishable, preparatory acts being punishable only where the special part expressly so provides. Article 13.3 defines the attempt as arising where the person has begun the execution of an offence but the result does not follow for reasons independent of their will.

Question 10Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Ley 143/2021, when can the precautionary measure of pre-trial detention (prisión provisional) be legitimately imposed on an accused person?

  1. Automatically in all cases where an accusation is registered, regardless of statutory penalty range
  2. Only when strictly necessary to avoid flight risk, destruction of evidence, or danger to the victim, provided the offense carries imprisonment Correct answer.
  3. Exclusively upon the verbal order of the arresting police officer without judicial control
  4. Only if the accused refuses to plead guilty during initial interrogation

Explanation

Articles 342-345 of Ley 143/2021 treat prisión provisional as an exceptional measure governed by proportionality and necessity, strictly justifiable only to thwart flight risk, evidence obstruction, or recurrent danger to victims or society.

Question 11Cuban judicial preparation: legal issues, evidence and reasoned decisions

A defendant is tried in a single proceeding for several distinct offences committed on separate occasions. How does Article 11 of Ley 151/2022 direct the tribunal to sanction this concurso real?

  1. The sanction for the most serious offence is imposed and absorbs the others, which are treated as means to committing it
  2. Each offence is sanctioned independently of the others, and the corresponding sanción conjunta is then formed under the applicable rules of adecuación Correct answer.
  3. The minimum of the applicable sanction is increased by one quarter and the maximum by one half
  4. The individual sanctions are simply added together, no statutory ceiling applying to the total

Explanation

Article 11.1 treats as independent offences a plurality of actions whose only link is the person who carries them out, provided no other concursal situation applies. Article 11.2 then requires that each offence be sanctioned independently and that a sanción conjunta be formed under the rules of adecuación. The ceiling comes from Article 34.5, which allows the sanción conjunta to reach forty years where one of the offences as qualified carries a thirty-year sanction.

Question 12Cuban judicial preparation: legal issues, evidence and reasoned decisions

What is the legal effect under Ley 143/2021 when an investigating body obtains evidence through physical coercion or in violation of fundamental constitutional rights?

  1. The evidence is admitted if the presiding judge finds it credible and persuasive
  2. The evidence is tainted by absolute nullity (prueba ilícita) and cannot be used or valued in judgment Correct answer.
  3. The evidence is accepted, but the reporting police officer is assessed a minor fine
  4. The evidence is converted into an unchallengeable rebuttable presumption

Explanation

Under Article 94(g) of the Constitution and Article 14 of Ley 143/2021, evidence obtained in violation of constitutional rights or statutory procedural guarantees is unlawful (prueba ilícita), completely null and void, and cannot sustain any judicial conviction.

Question 13Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 503 of Ley 143/2021, what standard governs a defendant's right to enter an agreement with the prosecutor on conviction and sentence (acuerdo de culpabilidad / conformidad)?

  1. The agreement is valid only if the defendant waives access to legal counsel
  2. The court must verify that the defendant consents freely, voluntarily, with full legal advice, and that the factual allegations are supported by the case file Correct answer.
  3. The court is unconditionally bound to rubber-stamp whatever sanction the prosecutor proposes
  4. Conformidad is strictly prohibited in all cases under Cuban procedural law

Explanation

Under Ley 143/2021, conformities and plea agreements require rigorous judicial oversight: the court must ascertain the voluntariness, informed consent, and active assistance of defense counsel, ensuring the legal qualification and agreed penalty correspond to true facts.

Question 14Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 18 of Ley 151/2022, how may the tribunal adjust the sanction limits on account of the offender's age?

  1. For those under eighteen at the time of the act the limits may be reduced by up to half, for those aged eighteen to twenty by up to a third, and for those over sixty when judged the minimum may be lowered by up to a third Correct answer.
  2. For everyone under twenty-one the limits are automatically halved, and no adjustment is available on grounds of advanced age
  3. For those under eighteen the sanction is replaced by an educational measure, age producing no effect on the limits in any other case
  4. For those over sixty both the minimum and the maximum are reduced by half, younger offenders receiving no age-based adjustment

Explanation

Article 18.3 allows the minimum and maximum limits to be reduced by up to half for persons under eighteen at the time of the act, and by up to a third for those aged eighteen to twenty, stating in both cases that the predominant purpose is social reintegration, training in a trade or profession, and instilling respect for the legal order. Article 18.4 separately allows the minimum of a sanction of deprivation of liberty to be lowered by up to a third for persons over sixty at the time of judgment. Age also bears on the gravest sanction: Article 34.3 bars perpetual deprivation of liberty for those under twenty at the time of the offence or over sixty-five when judged.

Question 15Cuban judicial preparation: legal issues, evidence and reasoned decisions

Which procedural remedy under Ley 143/2021 allows a party to appeal a definitive criminal sentence rendered by a Tribunal Municipal Popular to the Tribunal Provincial Popular?

  1. Recurso de apelación Correct answer.
  2. Recurso de súplica
  3. Recurso de queja
  4. Acción de lesividad

Explanation

Articles 631-645 of Ley 143/2021 establish the Recurso de Apelación as the ordinary appeal through which a superior tribunal (the provincial court) conducts a full factual and legal review of a definitive judgment rendered by a municipal court.

Question 16Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under what circumstance does Ley 143/2021 permit the celebration of a criminal oral trial in the absence of the accused (juicio en rebeldía)?

  1. In any criminal case where the defendant fails to appear after a single citation
  2. Exclusively under strict exceptional conditions provided in statute, such as when the accused has fled abroad or refuses to appear after formal summons in offenses against state security or public administration Correct answer.
  3. Whenever the prosecutor and defense counsel mutually agree to dispense with the defendant's presence
  4. Whenever the presiding judge determines that the trial docket is excessively delayed

Explanation

Articles 152 and 515 of Ley 143/2021 limit trials in absentia (juicio en rebeldía) to narrowly defined exceptional situations (e.g., severe crimes against State security, public funds, or transboundary offenses where the defendant deliberately evades justice abroad after being duly summoned).

Question 17Cuban judicial preparation: legal issues, evidence and reasoned decisions

What is the legal effect of the statute of limitations on criminal action (prescripción de la acción penal) under Article 96 of Ley 151/2022?

  1. It transfers the criminal prosecution to an international tribunal
  2. It extinguishes criminal liability due to the lapse of statutory time without formal prosecution, barring further judicial action Correct answer.
  3. It reduces the applicable sentence by exactly one half
  4. It converts the criminal offense into a civil tort enforceable without time limits

Explanation

Article 96.1 of Ley 151/2022 provides that the criminal action prescribes on the running of the periods it fixes, extinguishing the State's power to prosecute and requiring the proceedings to be brought to an end. Article 96.5 carves out an important exception: the rules on prescription of the criminal action do not apply to the offences it identifies as imprescriptible.

Question 18Cuban judicial preparation: legal issues, evidence and reasoned decisions

In the intermediate phase of criminal proceedings under Ley 143/2021, when must the competent tribunal decree the definitive dismissal of the case (sobreseimiento libre)?

  1. When the act investigated does not constitute an offense or the defendant's non-participation is conclusively proven Correct answer.
  2. Whenever the victim requests that the proceedings be halted unconditionally
  3. Whenever the defendant files a complaint against the arresting police officers
  4. When the evidence is insufficient today but further investigative acts might clarify the facts later

Explanation

Articles 428 and 429 of Ley 143/2021 mandate sobreseimiento libre (definitive dismissal with res judicata effect) when the facts investigated do not constitute an infraction, the accused is undeniably exempt from liability, or their complete non-participation is established.

Question 19Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Ley 152/2022 (Ley de Ejecución Penal), what must be established before a Juez de Ejecución may grant conditional release (libertad condicional) to a person serving privación de libertad?

  1. That the statutorily required fraction of the sanction has been served and that conduct and progress towards social reintegration justify release Correct answer.
  2. That the sentenced person has served the whole sanction, conditional release operating only as supervision after completion
  3. That the sentencing tribunal which imposed the sanction consents, the Juez de Ejecución merely giving effect to that decision
  4. That the victim has been fully compensated, conditional release being unavailable while any civil liability remains outstanding

Explanation

Conditional release rests on two limbs: a temporal condition, namely that the fraction of the sanction the law prescribes has been served, and a substantive one, that the person's conduct and progress make reintegration into society appropriate. Ley 152/2022 places the decision with the Juez de Ejecución, the specialized judicial figure it created to control the legality of enforcement and safeguard the rights of sentenced persons.

Question 20Cuban judicial preparation: legal issues, evidence and reasoned decisions

How does Ley 151/2022 regulate the criminal liability of legal persons (responsabilidad penal de las personas jurídicas)?

  1. Legal persons are completely immune from criminal liability under all circumstances
  2. Legal entities can be held criminally liable for crimes committed in their name or on their behalf by decision-makers, facing sanctions such as fines, closure, or dissolution Correct answer.
  3. Only state-owned enterprises may be prosecuted; private Mipymes and cooperatives are exempt
  4. The criminal prosecution of an entity automatically transfers all personal guilt to every minor shareholder

Explanation

Article 17 states that criminal responsibility is demandable of natural and legal persons alike, and Article 19 sets out the regime: a legal person answers for offences committed in its name where these are perpetrated by resolution of its governing or managing body or by its representative, without prejudice to the individual liability of the natural persons involved. Article 19.2 confines this to non-state legal persons lawfully constituted, excluding the political, social, and mass organizations recognized in the Constitution. Article 19.3 and 19.4 prevent evasion: transformation, merger, absorption, or division transfers the liability, and a fictitious or simulated dissolution does not extinguish it.

Question 21Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 651 of Ley 143/2021, on which specific grounds may an extraordinary Recurso de Casación be lodged before the Tribunal Supremo Popular against a final provincial appellate judgment?

  1. Infraction of substantive law (infracción de ley) or manifest breach of essential procedural forms producing defenselessness (quebrantamiento de forma) Correct answer.
  2. Simple subjective disagreement with the credibility assigned to a single witness testimony
  3. The discovery that the sentencing judges belonged to different political generations
  4. A formal request to increase the sitting allowances of court administrative personnel

Explanation

Under Articles 651-654 of Ley 143/2021, Casación before the TSP is an extraordinary recourse strictly limited to legal error (infracción de ley, error iuris) or essential procedural violations resulting in defenselessness (quebrantamiento de forma).

Question 22Cuban judicial preparation: legal issues, evidence and reasoned decisions

A judge in a criminal trial realizes that the proven facts reveal an offense significantly more grave than the one charged in the fiscal's final indictment. Under Article 361 of Ley 143/2021, how must the tribunal proceed to respect the principle of accusation (principio acusatorio)?

  1. The court enters an immediate conviction for the more serious offense without warning the defense
  2. The court utilizes the legal formula (planteamiento de tesis) to invite the parties to debate the more serious legal qualification, granting the defense adequate time to respond Correct answer.
  3. The court dismisses the case definitively and orders the immediate release of the accused with prejudice
  4. The court secretly instructs the prosecutor to file a new complaint after closing the courtroom

Explanation

Article 361 of Ley 143/2021 regulates the 'planteamiento de la tesis': to preserve the adversarial principle (principio acusatorio) and right of defense, the tribunal cannot convict for a more serious crime without formally submitting the new qualification to debate and allowing the defense time to contest it.

Question 23Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 734 of Ley 143/2021, what constitutes the exceptional basis for the Procedimiento Especial de Revisión against a firm and executory criminal conviction?

  1. A change in judicial personnel at the municipal court that rendered the initial judgment
  2. The supervention of conclusive new facts or evidence establishing the innocence of the convicted person, or a judgment proving false testimony was decisive Correct answer.
  3. The passage of ten years from the date the sentence was completed without any incident
  4. A request by the convicted person to transfer to an open penitentiary regime

Explanation

Article 734 of Ley 143/2021 limits the extraordinary review procedure (revisión de sentencias firmes) before the TSP to exceptional circumstances, notably new conclusive evidence proving innocence or proof that the conviction was based on fraudulent or perjured evidence.

Question 24Cuban judicial preparation: legal issues, evidence and reasoned decisions

In Ley 151/2022, under what conditions is an individual considered a necessary co-perpetrator (coautor) rather than an accomplice (cómplice)?

  1. The individual jointly executes the core elements of the criminal type or provides an indispensable contribution without which the offense could not have been executed Correct answer.
  2. The individual merely expresses verbal sympathy after the offense has already been completed
  3. The individual provides secondary assistance that could easily have been substituted by any passerby
  4. The individual is a family member who fails to report the crime to the authorities

Explanation

Under Article 20 of Ley 151/2022, co-authorship requires functional division of criminal labor with joint dominion of the act (dominio funcional del hecho), participating directly in execution or providing an essential contribution without which the crime could not occur.

Question 25Cuban judicial preparation: legal issues, evidence and reasoned decisions

How does Ley 143/2021 define and regulate the principle of prosecutorial opportunity (criterio de oportunidad) exercised by the Fiscalía General de la República?

  1. The prosecutor may arbitrarily drop any murder charge without providing reasons or judicial notification
  2. The prosecutor may dispense with or suspend criminal prosecution in minor offenses under statutory limits, provided social harm is low and the victim is compensated Correct answer.
  3. The prosecutor is required to pursue absolute maximum penalties in every investigated act regardless of social relevance
  4. Opportunity criteria can only be granted if approved by a popular referendum

Explanation

Articles 21-25 of Ley 143/2021 regulate the principle of opportunity, allowing prosecutors under defined statutory thresholds to refrain from initiating or continuing prosecution for minor crimes, subject to victim restitution, administrative fine, or restorative conciliation.

Question 26Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 355 of Cuba's Código de Procesos (Ley 141/2021), what are the principal objectives of the preliminary hearing (audiencia preliminar) in ordinary civil proceedings?

  1. To attempt conciliation, resolve procedural defects, fix contested facts, and rule on the admission of evidence Correct answer.
  2. To directly impose criminal sanctions on recalcitrant witnesses without hearing
  3. To order the immediate liquidation of the defendant's bank accounts prior to debate
  4. To draft the final definitive sentence before evaluating any factual proof

Explanation

Article 355 of Ley 141/2021 establishes that the audiencia preliminar serves to foster conciliation between parties, cure procedural defects (sanear el proceso), definitively fix the contested factual and legal issues, and determine the admission of proposed evidence.

Question 27Cuban judicial preparation: legal issues, evidence and reasoned decisions

How does Ley 141/2021 distinguish the scope of the ordinary process (proceso ordinario) from the summary process (proceso sumario) in civil declarative litigation?

  1. The ordinary process applies to high-complexity or unquantified disputes with full procedural stages, whereas the summary process resolves simpler, urgent, or lower-value claims with concentrated oral hearings Correct answer.
  2. The ordinary process is conducted exclusively without legal counsel, whereas the summary process requires a panel of five judges
  3. The summary process resolves criminal felonies, whereas the ordinary process handles only administrative fines
  4. The ordinary process is restricted to state enterprises, whereas private citizens must always use summary proceedings

Explanation

Under Articles 347 and 410 of Ley 141/2021, the proceso ordinario is the plenary channel for higher complexity, open-ended, or high-value claims, while the proceso sumario concentrates pleadings, evidence, and oral arguments into a single hearing for urgent, lower-value, or legally specified matters.

Question 28Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 257 of Ley 141/2021, how is the general burden of proof (carga de la prueba) allocated between the parties in civil litigation?

  1. The plaintiff must prove the constitutive facts of their claim, while the defendant must prove extinguishing, impeding, or modifying facts Correct answer.
  2. The defendant must prove that the plaintiff acted with subjective bad faith in filing the suit
  3. The presiding judge must personally gather all evidence while parties remain entirely passive
  4. The burden of proof falls exclusively on the party with the lowest financial income

Explanation

Article 257.1 of Ley 141/2021 establishes the classic distribution of evidentiary burden: the claimant bears the burden of proving facts that constitute the legal right asserted, while the opposing party must prove facts that impede, modify, or extinguish that right.

Question 29Cuban judicial preparation: legal issues, evidence and reasoned decisions

Which fundamental shift in family legal doctrine was enacted by Cuba's Código de las Familias (Ley 156/2022) regarding the relationship between parents and minor children?

  1. The replacement of the traditional concept of 'patria potestad' with 'responsabilidad parental' based on guidance, respect, and mutual affection Correct answer.
  2. The retention of patria potestad under a modernised name, its content and legal effects being unchanged
  3. The transfer of parental decision-making to a family council once the child reaches twelve years of age
  4. The subordination of parental duties to the child's own decisions from the age of ten onwards

Explanation

Ley 156/2022 replaced patria potestad, a concept historically derived from power over the child, with responsabilidad parental, which is framed as a set of duties: care, upbringing, education, emotional support, and guidance. The shift is substantive rather than terminological, because it reorients the relationship around the child's interests and around progressive autonomy, under which the child participates in decisions according to their evolving maturity.

Question 30Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 5 of Ley 156/2022, what is the controlling principle that Cuban judges must apply when deciding any dispute affecting children and adolescents?

  1. The financial profit maximization of the family estate
  2. El interés superior de niñas, niños y adolescentes Correct answer.
  3. The unconditional preference for paternal authority in all custody arrangements
  4. The strict chronological seniority of extended family members

Explanation

Article 5 of Ley 156/2022 codifies the 'interés superior de niñas, niños y adolescentes' as a supreme, transversal principle, requiring judicial authorities to prioritize the physical, emotional, and psychological well-being of the child in every decision.

Question 31Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 32 of Ley 142/2021 (Del Proceso Administrativo), what is generally required before an aggrieved party can file a contentious-administrative lawsuit in a popular tribunal?

  1. Prior exhaustion of available administrative appeals (agotamiento de la vía administrativa previa), unless an express statutory exception applies Correct answer.
  2. Obtaining unanimous approval from the National Assembly of People's Power
  3. Publishing an apology in the provincial newspaper
  4. Paying a monetary deposit equal to 50% of the public administration's annual budget

Explanation

Article 32 of Ley 142/2021 establishes that the administrative route must be exhausted (agotamiento de la vía administrativa) through the filing of statutory administrative recourses before judicial jurisdiction can be invoked, except where the law provides for direct access.

Question 32Cuban judicial preparation: legal issues, evidence and reasoned decisions

What is the legal effect of a firm final sentence that acquires material res judicata (cosa juzgada material) under Article 193 of Ley 141/2021?

  1. It binds the parties and prevents any subsequent court from retrying the same claim based on the same cause of action between the same parties Correct answer.
  2. It allows the losing party to initiate the identical lawsuit anew before any other municipal tribunal
  3. It expires automatically after twelve months unless renewed by an administrative agency
  4. It applies only to the trial judge and has no binding effect on the litigants

Explanation

Under Article 193 of Ley 141/2021, cosa juzgada material confers immutable and definitive authority on a final judicial decision, precluding future litigation between the same parties regarding the same object and cause of action (triple identity).

Question 33Cuban judicial preparation: legal issues, evidence and reasoned decisions

How does Ley 156/2022 legally recognize and protect affective de facto unions (uniones de hecho afectivas)?

  1. They are recognized for social security purposes alone, producing no patrimonial or succession effects between the partners
  2. They are granted legal recognition, enabling partners to obtain judicial or notarial accreditation of common property, mutual support, and inheritance rights Correct answer.
  3. They are recognized only where the partners have previously registered a formal intention to marry
  4. They are recognized only through the tribunals, notarial accreditation having been withdrawn by the 2022 reform

Explanation

Ley 156/2022 gives the unión de hecho afectiva a full legal status where it is stable, singular, and public and the partners have capacity. Recognition may be obtained judicially or before a notary, and it carries patrimonial, succession, and social security consequences. The notarial route is governed by the same safeguards as marriage, including the five-working-day publicity period the Reglamento of the Ley del Notariado requires before the act proceeds.

Question 34Cuban judicial preparation: legal issues, evidence and reasoned decisions

What two essential legal prerequisites must an applicant demonstrate to obtain a precautionary measure (medida cautelar) in civil litigation under Article 168 of Ley 141/2021?

  1. Immediate full payment of all claimed damages and a criminal conviction against the defendant
  2. Apariencia de buen derecho (fumus boni iuris) and peligro en la demora (periculum in mora) Correct answer.
  3. Unanimous agreement among all witnesses and a notarized confession
  4. A personal recommendation issued by the provincial bar association

Explanation

Under Article 168 of Ley 141/2021, precautionary measures require the petitioner to establish a plausible appearance of legal entitlement (apariencia de buen derecho) and an imminent risk of procedural frustration or irreparable injury caused by delay (peligro en la demora).

Question 35Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Articles 14 and 15 of Ley 156/2022, what urgent precautionary powers are granted to popular tribunals when responding to situations of gender-based or intra-familial violence?

  1. The court can immediately order the perpetrator's removal from the shared home, impose stay-away protective orders, and suspend custody or contact Correct answer.
  2. The court can only advise the victim to reconcile with the aggressor within thirty days
  3. The court must dismiss the case if the victim cannot produce three eyewitness testimonies of the violence
  4. The court is limited to levying a minor civil stamp duty on both household members

Explanation

Articles 14-16 of Ley 156/2022 empower judges to adopt immediate protective measures in violence cases, including eviction of the aggressor from the family home, prohibition of approach or communication, provisional custody allocation, and suspension of contact regimens.

Question 36Cuban judicial preparation: legal issues, evidence and reasoned decisions

What is the procedural consequence under Article 368 of Ley 141/2021 when a properly summoned defendant fails to answer the complaint and is declared in default (rebeldía)?

  1. The lawsuit is terminated and the plaintiff is awarded all requested relief without requiring any proof
  2. The proceedings continue without the defendant, who is notified only of the declaration of default and the final judgment, while the plaintiff remains obliged to substantiate their claims Correct answer.
  3. The defendant is immediately arrested by police and held in contempt until they file an answer
  4. The case file is permanently sealed and archived without resolution

Explanation

Under Ley 141/2021, default (rebeldía) does not constitute an automatic confession or surrender; the process moves forward in the defendant's absence, subsequent interlocutory notifications are dispensed with (except the default declaration and final judgment), and the claimant must still substantiate their case.

Question 37Cuban judicial preparation: legal issues, evidence and reasoned decisions

How does Article 10 of Ley 142/2021 define the scope of judicial review when a court assesses discretionary administrative acts (actos discrecionales) of public bodies?

  1. Judicial review is entirely prohibited whenever an administrative agency acts under discretionary powers
  2. Judges review the factual basis, purpose, proportionality, reasonableness, and compliance with statutory limits and general principles of law, checking for any misuse of power (desviación de poder) Correct answer.
  3. The court simply substitutes its own personal political preference for that of the elected public administrator
  4. The court refers the administrative file to an international commercial arbitrator

Explanation

Under Article 10 of Ley 142/2021, administrative discretion is not exempt from judicial scrutiny: courts control statutory boundaries, factual accuracy, legal purpose, proportionality, and ensure against arbitrary action or deviation of power (desviación de poder).

Question 38Cuban judicial preparation: legal issues, evidence and reasoned decisions

How does the principle of progressive autonomy (autonomía progresiva) in Article 6 of Ley 156/2022 influence a judge's obligation to hear children in family proceedings?

  1. Children may be heard only from the age of twelve, below which their views carry no procedural relevance
  2. Children and adolescents have the right to be heard and to have their opinions considered directly in all matters affecting them, in a manner suited to their evolving age and developmental maturity Correct answer.
  3. The judge may hear the child only where both parents give prior written consent
  4. The child's views must reach the court solely through a court-appointed representative, never from the child directly

Explanation

Progressive autonomy makes participation a right of the child rather than a concession. The judge must give the child the opportunity to be heard in any matter affecting them and must weigh what they say according to their maturity, adapting the setting and language to the child rather than requiring the child to adapt to the proceedings. The Reglamento of the Ley del Notariado carries the same principle into notarial practice, providing for the child or adolescent to be heard where a family act requires the fiscal's report.

Question 39Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Ley 141/2021, when can an external third party legitimately intervene in an ongoing civil process as a principal exclusionary intervenor (tercería de dominio)?

  1. When the third party claims ownership over property that has been wrongfully attached or seized in a lawsuit between other litigants Correct answer.
  2. When the third party simply desires to observe the oral debate from the spectator gallery
  3. When the third party is a business rival seeking to prolong the trial to harm the plaintiff
  4. When the third party has no legal interest in the subject matter but holds a personal opinion on the dispute

Explanation

Articles 158-163 of Ley 141/2021 regulate third-party interventions; a tercería de dominio allows a non-party who claims exclusive title to an attached or embargado asset to intervene and demand the immediate lifting of the wrongful levy.

Question 40Cuban judicial preparation: legal issues, evidence and reasoned decisions

What is the default economic matrimonial regime under Ley 156/2022 if spouses do not execute matrimonial agreements (pactos matrimoniales)?

  1. Strict separation of property (régimen de separación de bienes)
  2. Community of matrimonial property (régimen de comunidad matrimonial de bienes) Correct answer.
  3. Absolute transfer of all assets to the State
  4. Joint stewardship governed exclusively by maternal grandparents

Explanation

Under Articles 214 and 215 of Ley 156/2022, the legal default regime in the absence of a registered pacto matrimonial is the community of matrimonial property (comunidad de bienes), in which assets acquired for consideration during the marriage are presumed common.

Question 41Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 24 of Ley 142/2021, who possesses active standing (legitimación activa) to challenge an administrative action before the Sala de lo Administrativo?

  1. Only the person to whom the challenged administrative act was formally addressed
  2. Any natural or legal person with a legitimate right or direct interest, as well as entities representing collective or diffuse interests affected by the administrative activity Correct answer.
  3. Only the Fiscalía General de la República, acting in the citizen's name in defence of legality
  4. Only persons who can show a quantifiable financial loss capable of precise valuation

Explanation

Standing in the contentious-administrative jurisdiction turns on affectation of a right or legitimate interest rather than on formal addresseeship. Ley 142/2021 also opens the jurisdiction to organizations defending collective or diffuse interests, which matters for administrative activity - environmental and consumer decisions being the clearest cases - whose effects are widely spread rather than concentrated on a single addressee.

Question 42Cuban judicial preparation: legal issues, evidence and reasoned decisions

In civil declarative proceedings under Ley 141/2021, what limitation is imposed on judicial conciliation regarding disposable vs non-disposable rights (derechos indisponibles)?

  1. Judicial conciliation can be agreed upon any matter whatsoever, including renouncing constitutional protections or child support minima
  2. Judges cannot approve conciliation agreements that compromise non-disposable rights, public order, statutory prohibitions, or the fundamental rights of vulnerable persons Correct answer.
  3. Conciliation is confined to commercial matters, family and labour disputes being excluded from it
  4. The judge must approve whatever agreement the parties reach, having no power to review its content

Explanation

Conciliation is one of the express purposes of the audiencia preliminar, but the parties' freedom to settle stops at rights they cannot dispose of. The judge must therefore review the content of the agreement and refuse approval where it compromises non-disposable rights, public order, statutory prohibitions, or the rights of vulnerable persons - child maintenance being the standard example.

Question 43Cuban judicial preparation: legal issues, evidence and reasoned decisions

How does Ley 156/2022 innovate regarding kinship and parentage by recognizing socio-affective bonds (parentesco socioafectivo) and multi-parentage (multiparentalidad)?

  1. It restricts parentage to biological descent confirmed by genetic evidence, adoption apart, and admits no more than two legal parents
  2. It permits the legal recognition of parentage based on sustained socio-affective relations and allows, under exceptional judicial appraisal, more than two legal parents Correct answer.
  3. It recognizes socio-affective bonds for questions of care and contact only, parentage itself remaining strictly biological or adoptive
  4. It permits more than two legal parents only where the additional parent is a relative within the fourth degree of the child

Explanation

Ley 156/2022 treats socioafectividad as a source of parentage in its own right, alongside biological and adoptive filiation, and allows the tribunals in exceptional cases to recognize more than two legal parents where that matches the child's lived family reality and serves their best interests. The governing criterion is the child's interest rather than a fixed rule about how many parents a child may have.

Question 44Cuban judicial preparation: legal issues, evidence and reasoned decisions

What is a 'vía de hecho' under Article 12 of Ley 142/2021, and what relief can an affected citizen seek from the popular tribunals?

  1. An administrative act adopted with a defect of form that renders it voidable but not void
  2. Material administrative action executed without any underlying legal act, without statutory authority, or in manifest excess of procedural competence; the court can order its immediate cessation Correct answer.
  3. An administrative decision taken by an organ that is competent but has failed to give reasons for it
  4. The administration's failure to reply within the statutory period, which the law deems a tacit refusal

Explanation

The vía de hecho is defined by the absence of a legal act behind the material conduct: the administration simply acts on the physical world without any decision authorizing it, or in manifest excess of its competence. That is what distinguishes it from a defective act, and it is why the relief sought is the immediate cessation of the conduct and restoration of legality rather than annulment of a decision.

Question 45Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Ley 141/2021, what is the appropriate recourse to challenge an interlocutory ruling (auto) that resolves a procedural incident without terminating the main suit?

  1. Recurso de reposición before the same court that issued the ruling Correct answer.
  2. Recurso de casación before the Tribunal Supremo Popular
  3. Recurso de queja before the tribunal immediately superior to the one that ruled
  4. Recurso de apelación before the Tribunal Provincial Popular

Explanation

The reposición is the ordinary means of attacking decisions that do not end the proceedings: it is put to the same tribunal that made the ruling, asking it to reconsider and reform its own decision. Reserving the superior courts for definitive resolutions is what keeps interlocutory disputes from fragmenting the proceedings into successive appeals.

Question 46Cuban judicial preparation: legal issues, evidence and reasoned decisions

How does Ley 156/2022 regulate voluntary guardianship (tutela voluntaria) and self-curatorship?

  1. Any competent person may designate in advance, before a notary or judge, who should be appointed as their guardian or what personal and asset directives must govern if they become incapacitated Correct answer.
  2. The tribunal appoints from among the closest relatives in the statutory order, the person's own prior wishes being merely advisory
  3. The designation binds the tribunal absolutely, which may not depart from it in any circumstances
  4. Advance designation is open only to persons already diagnosed with a condition affecting their discernment

Explanation

Ley 156/2022 replaced substitution of the person's will with a model of support, and anticipatory autonomy is its logical extension: while still capable, a person may designate before a notary or a judge who should support or represent them and leave directives on personal care and the administration of their property. The Reglamento of the Ley del Notariado carries this into practice, requiring the notary in escrituras de provisión o designación de apoyos to describe the person's disability, record how communication with them was achieved, and have the deed inscribed in the Registro Civil where the birth is recorded.

Question 47Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Articles 112-116 of Ley 142/2021, what procedure applies to the forced execution of a judicial sentence ordering an administrative organ to perform an action or pay compensation?

  1. The court refers the judgment to the superior administrative organ, which decides how and whether to implement it
  2. The court issues formal mandates to the responsible public authority, sets strict compliance deadlines, and can impose coercive personal fines on responsible officials who obstruct compliance Correct answer.
  3. The court substitutes its own decision for the administrative act and executes it directly through its officials
  4. The court may only declare the non-compliance, leaving the claimant to pursue a separate action for damages

Explanation

Effective judicial protection would be empty if a judgment against the administration depended on the administration's goodwill. Ley 142/2021 therefore equips the tribunal to enforce: it addresses mandates to the responsible authority, fixes deadlines, supervises compliance, and can impose coercive fines personally on officials who obstruct execution, with criminal referral where obstruction persists.

Question 48Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 260 of Ley 141/2021, when a judge exercises ex officio powers to order supplementary evidence (diligencias para mejor proveer), what procedural safeguard must be guaranteed to the parties?

  1. The evidence must be gathered in absolute secrecy without alerting the litigants
  2. The parties must be given the opportunity to examine the new evidence, formulate observations, and cross-examine under the adversarial principle (principio de contradicción) Correct answer.
  3. The evidence may be used only in the party's favour against whom it was not proposed
  4. The evidence must be confined to documents already in the case file, no new source being admissible

Explanation

Evidence gathered on the tribunal's own initiative is still evidence, so it must pass through the same adversarial filter as anything the parties produce: the litigants must be able to examine it, make observations, and challenge it before it can bear on the decision. Without that, the parties would be answering a case they never saw, and the resulting judgment would rest on material they had no chance to contest.

Question 49Cuban judicial preparation: legal issues, evidence and reasoned decisions

In a dispute under Ley 156/2022 where biological paternity conflicts with an established socio-affective bond that a non-biological parent has maintained with a child for years, what standard must guide the court's resolution?

  1. Biological genetic reality automatically and unconditionally destroys any pre-existing emotional family bond
  2. The court must weigh the child's best interests and emotional stability, and may preserve the legal parentage of the socio-affective parent or exceptionally recognize multi-parentage Correct answer.
  3. Legal parentage must be attributed to whichever adult can offer the child the more favourable material circumstances
  4. The socio-affective parent retains only a right of contact, legal parentage passing in every case to the biological parent

Explanation

Ley 156/2022 declines to make genetic descent automatically decisive. The court weighs the child's best interests, their identity, and the stability of the bonds they actually live with, and may either preserve the legal parentage of the socio-affective parent or, exceptionally, recognize multiparentalidad so that both relationships are given legal form. The child's interest, not the adults' claims, sets the frame.

Question 50Cuban judicial preparation: legal issues, evidence and reasoned decisions

Under Article 46 of Ley 142/2021, under what strict standard may an administrative tribunal order the provisional suspension of the effects of a challenged administrative act (suspensión cautelar)?

  1. Suspension is granted automatically whenever any lawsuit is registered against any public body
  2. Only if execution would cause irreparable or difficult-to-repair injury to the plaintiff, the challenge is supported by serious legal grounds, and suspension does not cause grave harm to public interest Correct answer.
  3. Only where the claimant lodges a security deposit covering the full value of the act being challenged
  4. Only after the tribunal has ruled on the merits of the challenge, suspension being an effect of the judgment

Explanation

Suspension displaces the presumption of validity that ordinarily attaches to administrative acts, so it is granted only on a balance: the harm from executing the act must be irreparable or hard to repair, the challenge must rest on serious grounds, and suspending must not seriously damage the public interest or third parties. This is the administrative expression of the same periculum in mora and fumus boni iuris test that governs precautionary measures in civil litigation.