The exercise of accusation by the victim as ancillary prosecutor in the new Cuban Criminal Procedure: possibilities and limits

Abstract

This study addresses a specific aspect of the procedural status of the victim in the new Cuban Code of Criminal Procedure: his/her participation as
an ancillary prosecutor. The main object of the study is to clarify the possibilities and limits of the intervention of this figure, as distinct from the accusatory role of the prosecutor, specifically with respect to the different elements that make up the subject of the procedure and the subject of debate. In this line, the model implemented in 2021 by the Cuban legislator is contrasted with other systems in comparative law that allow the victim to participate in the exercise of public criminal prosecution. After this preliminary step, interpretative guidelines are offered aimed at clearing up some doubts about the scope of action of the ancillary prosecutor. The author believes that this study is the first to address the issue at the national level, and therefore that it opens the debate on a figure with regard to whom, due to his/her novelty, there is as yet insufficient practical experience.