You have probably heard or read that lay judges participate in the courts of justice in Cuba, but perhaps you are not entirely clear about the jobs of these peculiar actors within the judicial system.

Let’s begin with a literal understanding of the matter. When looking for the meaning of the adjective “layman”, one of its meanings clarifies: lacking instruction, science or knowledge. In other words, it can be inferred that a lay judge is someone who exercises the function of a judge, but without having the knowledge to do so.

The figure of the lay judge is not a Cuban invention nor of these times. Its history goes back many centuries ago. According to research associated with the German University of Freiburg, until the High Middle Ages the administration of justice was in the hands of people and not of professionals in the field, but with the consolidation of absolutist regimes a process began that led to the total loss of popular participation in justice, until the doctrines of the French Revolution put back on the table the importance of lay people as part of the judicial power.

In Cuba, the current Law of the Courts of Justice explains that lay judges are non-jurist citizens, elected as representatives of the people, to perform judicial functions for a certain period. Regarding who selects them, the legal text itself specifies that the National Assembly of People's Power or the Council of State, as appropriate, elects the lay judges of the Supreme People's Court; while, the municipal assemblies of People's Power elect those of the rest of the courts of justice, for a five-year term.

To be a lay judge in Cuba, one must be 30 years old if elected to the Supreme People's Court and 18 if elected to other courts of justice. According to the legislation in force in the country, to be a lay judge, one must have a good attitude towards work and duties; an adequate educational level; be willing to exercise the judicial function; and enjoy good public opinion.

Although lay judges are not legal professionals, they participate in acts of administering justice with equal rights and duties to professional magistrates and judges. Regarding the labor treatment, those who work as paid workers, during the period in which they effectively exercise their functions in the courts, retain the rights and guarantees that assist them; those who don’t receive income from work, when exercising the judicial function, receive a stipend to cover the expenses incurred for food and transportation.

Although the subject covers several centuries of history, the inclusion of lay judges in the criminal process continues to arouse universal interest among academics and jurists. In Cuba, they are understood as a way of direct participation by citizens in the administration of justice; that is, as a way of democratising the judicial system.

Translated by Amilkal Labañino / CubaSí Translation Staff