Steal components from photovoltaic parks and generator sets constitutes the crime of sabotage

Faced with the intensification of the illegal economic, financial, and energy blockade imposed by the United States on Cuba, the Government and the State are making enormous efforts to promote an energy program that guarantees electricity generation. This is a vital service, a right of the people, and key to citizen well-being and the proper functioning of the economy.

However, despite this ruthless economic war and the severe fuel shortages, unscrupulous individuals are stealing components, parts, equipment, resources, fuel, and dielectric oil belonging to photovoltaic parks, solar panels, generators, and other sources. This affects the National Electrical System and jeopardizes the progress of the established strategy to mitigate the negative economic and social impacts.

These acts constitute the crime of sabotage as defined in Article 125 of Law No. 151, the Penal Code (May 22, 2022). This article establishes penalties of seven to fifteen years of imprisonment for anyone who, intending to prevent or hinder the normal use or operation of, or knowing that such a result may occur, destroys, alters, damages, or harms the means, resources, buildings, systems, facilities, or socioeconomic or military units intended to guarantee energy sources and energy transmission, among other critical infrastructure.

When, in the execution of such acts, serious injuries or death are caused to any person; fire, flammable substances, materials or instruments, explosives, chemical or biological agents, or other means capable of producing serious consequences are used; serious consequences occur, whatever the means used; collective security is endangered; or the affected property belongs to material reserves, the sanction provided ranges from ten to thirty years of deprivation of liberty, perpetual deprivation of liberty or death.

In response, the Governing Council of the Supreme People's Court, in exercise of the powers conferred by Article 148 of the Constitution of the Republic and Article 29, paragraph 1, subparagraph g), of Law No. 140 (On the Courts of Justice), issued Opinion No. 475, dated May 23, 2025. In it, it is reaffirmed that the unlawful acts that affect critical infrastructures of the country, including the Electrical Power System, constitute the crime of sabotage, which protects the normal use or functioning of public assets, the security and stability of the State and its institutions, internal order through the protection of its means, resources and facilities, and any activity prioritized for the country, such as the energy program.

Likewise, Article 80 of the Penal Code establishes that those responsible for this offense may be subject to, depending on the case, aggravating circumstances related to participation as a member of a group made up of three or more people; the participation of minors under eighteen years of age; the use of means that cause common danger; taking advantage of the night; having acted for profit; doing so under the influence of alcoholic beverages, drugs or substances with similar effects, if they placed themselves in such a situation to commit the crime; among others.

For its part, Article 89, paragraph 2, of the aforementioned penal code establishes that those convicted may be required to serve at least two-thirds or more of their imposed sentence before being considered for parole.

The courts, collegial bodies that administer justice in the name of the Cuban people, in compliance with due process and the guarantees established in Articles 94 and 95 of the Constitution of the Republic, have acted to date with the rigor and rationality that such conduct demands, given the significant social harm caused by acts of this nature.

This is evidenced by the fact that, between January and December 2025 and the first quarter of 2026, the State Security Crimes Chambers of the Provincial People's Courts imposed prison sentences exceeding ten years on 100% of those tried, along with additional penalties such as bans on frequenting certain places, confiscation of property, and travel bans subject to payment of civil damages, among others. (Granma)