Judicial firmness against sabotage of the Cuban Energy Program

Against the backdrop of a steadily intensifying illegal economic, financial and energy blockade imposed by the United States, Cuba’s government and national institutions have poured unprecedented effort into expanding a national energy program designed to secure consistent electricity access for all citizens. As a fundamental public service, reliable power is enshrined as a basic right of the Cuban people, serving as a cornerstone of public well-being and a non-negotiable requirement for the continued functioning of the country’s economy amid external pressure.

Even as the nation grapples with the crippling effects of this economic war and widespread fuel shortages, however, a troubling wave of criminal activity has emerged: unscrupulous actors have targeted critical energy infrastructure, stealing components, parts, full equipment units, fuel, dielectric oil and other materials from photovoltaic parks, solar panel arrays, power generators and other energy generation facilities. These targeted thefts do not merely disrupt local operations — they undermine the entire Cuban National Electrical System and put at risk the full government strategy crafted to soften the severe social and economic damage caused by the U.S. blockade.

Under Cuban law, these damaging acts are explicitly classified as the crime of sabotage, as laid out in Article 125 of Law No. 151, the 2022 Cuban Penal Code. The statute outlines that any individual who destroys, alters, damages or compromises critical infrastructure including energy generation facilities, energy transmission systems and related resources — either with the explicit intent to disrupt normal operations, or with full knowledge that their actions will cause such disruption — faces a prison sentence ranging from seven to 15 years. For aggravated circumstances, the penalty increases dramatically: if the act results in serious injury or death, involves explosive, chemical or biological agents, endangers collective public safety, causes severe widespread disruption, or targets reserved strategic material reserves, sentences can range from 10 to 30 years in prison, up to life imprisonment or the death penalty.

To formalize this legal interpretation and reinforce the severity of these crimes, the Governing Council of Cuba’s Supreme People’s Court issued Opinion No. 475 in May 2025, exercising its constitutional authority granted under Article 148 of the Cuban Constitution and Article 29 of Law No. 140 on the Administration of Justice. The opinion reaffirms that all unlawful acts targeting the country’s critical infrastructure, particularly the national electrical power system, meet the legal definition of sabotage. This classification is designed to protect the function of public assets, preserve the security and stability of Cuban state institutions, maintain domestic public order, and safeguard national priority programs such as the ongoing energy expansion initiative.

Cuban penal code further outlines additional aggravating factors that can increase penalties for these offenses, per Article 80. These include participation in the criminal act as part of a group of three or more people, involving minors under the age of 18 in the crime, using methods that put the general public at risk, committing the theft under cover of night, acting for personal financial profit, and committing the offense while impaired by alcohol or illicit drugs if the offender intentionally impaired themselves to carry out the crime. Additionally, Article 89, Paragraph 2 of the Penal Code requires that convicted offenders must serve at least two-thirds of their total prison sentence before they become eligible for any parole consideration.

Cuban provincial courts, which administer justice on behalf of the Cuban people in compliance with all due process guarantees enshrined in Articles 94 and 95 of the national constitution, have already moved to enforce these penalties with the full rigor the offenses demand, given the extreme harm these crimes cause to Cuban society. Data confirms that between January 2025 and the end of the first quarter of 2026, the State Security Crimes Chambers of Cuban Provincial People’s Courts imposed prison sentences of more than 10 years on 100 percent of all defendants convicted of these sabotage offenses. In addition to lengthy prison terms, convicted offenders also face additional penalties including restrictions on movement, property confiscation, travel bans, and court orders to pay full civil damages for the losses their crimes caused.