Habeas Corpus (Writ of), in Cuba:

Who may prosecute writ, p. 322.
Writ may issue on any day, p. 322.
Parties, p. 322.

H.

How and to whom application for writ should be made, p. 322.
Contents of petition, p. 323.

When writ must be granted, p. 323.

Penalty for refusing, p. 323.

Form of writ, p. 324.

When writ sufficient, p. 324.

When writ to issue without application, p. 324.

Return; its contents, p. 324.

Time of returning writ, p. 325.

Body of person imprisoned or restrained to be produced, 325.

Proceedings on disobedience of writ, p. 325.

Order to produce person imprisoned or restrained, p. 326.
Proceedings on return of writ, p. 326.

When person imprisoned or restrained to be remanded, p. 326.

Proceedings on irregular commitment, p. 326.

Bail: When and how ordered, p. 327.

When person imprisoned or restrained may be committed to another oflicer,
p. 327.

Custody of person imprisoned or restrained pending proceedings, p. 327.

Notice to be given before discharging person imprisoned or restrained, p. 327.
Person imprisoned or restrained may controvert return, p. 327.
Proceedings on sickness of person imprisoned or restrained, p. 328.

Obedience to order to discharge, p. 328.

How enforced, p. 328.

When discharge a bar to reimprisonment, p. 328.

Violation of last paragraph, p. 329.

Transfer or concealment of person imprisoned or restrained to elude writ, p. 329.
Order when person restrained about to be carried out of island, p. 329.

Arrest of the person detained the person restrained, p. 329.

Proceeding where a writ is refused by judge of instrucción, p. 330.

When subsequent writ may issue, p. 330.

Penalty for refusing copy of process, p. 330.

Repealing paragraph, p. 330.

When this order takes effect, p. 330.

Hearing of-

Appeals in actions involving misdemeanors, 978.
Causes, 230, 632.

Preliminary exceptions, 673.

The admission of appeals for annulment of judgment, 884, 885.
Appeals for annulment of judgment, 894-898, 929, 930.

Hombres buenos, when they take part in a sumario, 321.

Hospitals. (See Beneficent institutions.)

Incommunication, 407, 408, 506-511, 527, and page 281.
Indemnities to witnesses. (See Witnesses.)

Infants:

Oath not administered to, 433.

Are not obliged to denounce, 260.

Inhibition:

Questions of jurisdiction to be raised by, or declinature, 26.
To whom to be presented, 26.

Manner of interposing and determining, 26–44.

Appeal from decision denying writ of, 35.

Questions of jurisdiction, when to be decided by court, 43.
Costs, 44.

Inns, 557.

Insane prisoners, 991-994.

Inspection, ocular, when the crime leaves traces, 326-333, 726, 727.

Intention. (See Negligence.)

Interdiction, civil, 995.

Interest, direct or indirect, challenge, 54, 468, 723.

International law, 177, 193, 194.

(See Ambassadors; Foreigners.)

Interpreters for the examination of foreigners and deaf mutes, 440–442.
Intervenors of seized property, 605, 608, 609.

Interventions:

Are improper for the purpose of demanding the corpus delicti, 367.
In the execution of sentences, 996.

Intimate friendship as a cause of challenge, 54, par. 10, 468, 723.
Insanity, indications of mental aberration, 381-383, 991-994.

Inspection of prisons, 526.

Instructions for the drafting of extradition papers in Cuba, p. 335.

Judges and courts:

J.

Assistance which they owe each other, 183.

Their duties with regard to judicial statistics, 247 et seq.

(See Authorities; Disciplinary corrections; Rogatory letters; Challenge.)

Judges of examination:

Questions of jurisdiction decided by, 20.

Formation of the sumario, 303, 306, 321.

Cases in which appointed special judges, 303-305.

Delegation to municipal judges, 310, 318.

Judges may be challenged for legitimate cause, 52.
Judges of examination:

Challenge of, 57–71.

Form of challenge, 57.

When accused is incomunicado, 58.

Challenge not to delay proceedings, 62.

Decision upon challenge, 68-69.

Taxation of costs, 70.

Judges, municipal:

Challenge of, 72-83.

When to be interposed, 72.

Action upon, 74–78.

Appeal from decision upon, 78-79.

When decision upon to become final, 80.
Costs, 82.

Judicial measures:

How to be carried out, and which are preferred or can be proposed at the oral
trial, 314, 315, 322, 323, 333, 366.

Those of the sumario are secret, 301, 302.

(See Sumario.)

Judicial periods of time:

General provisions, 197–215.

In issues relating to challenges, 64, 65, 77, 79–81.

To pass sentence, 149.

In the preliminary action necessary to enforce judicial liability, 771.

In the attachment of the property of third persons, 617.

To appear after the conclusion of the sumario, 623.

To appear before the municipal court, 625.

To open the oral trial or dismiss the proceedings, 633.
For the fiscal to appeal, 647.

To classify the crime, 649.

To challenge experts, 662, 663.

To interpose preliminary exceptions, 667.

To make answer thereto, 669.

To decide if the crime is flagrant, 781.

To propose proof, 796.

To interpose an appeal for breach of form in causes involving flagrant crimes, 800.
To hold trial in causes involving calumny, etc., 809.

To render decisions, 203-206.

To serve notices, 207–209.

To appeal for review or revision, etc., 211-213.

To appear before the higher court after an appeal has been interposed, 224, 227.
To move the hearing of a complaint, 275, 276.

To request a certificate for the purpose of appealing, 856.

To issue the same, 858.

To interpose an appeal for violation of law, 859, 873, 876, 944, 950.

To appeal in complaint, 863, 865.

To impugn said appeal, 868, 872.

To decide an appeal for annulment of judgment, 899.

To interpose an appeal for breach of form, 916.

To appear before the Supreme Court, 910.

To interpose an appeal for breach of form and violation of law, 935.

To hold trials upon misdemeanors, 964, 965.

To appear before the judge examining the same, 976.

To take evidence, 980.

Can not be extended, but may be suspended, etc., 202.
Jurisdiction:

Rules for determining, 8-16.

Prorogation of, 8.

What jurisdiction of a cause includes, 9.

Cognizance of criminal causes, etc., 10.

Ordinary, what causes to take cognizance of, 11, 12.

Limits of, in special cases, 12.

Jurisdiction-Continued.

First steps, 13.

Of actions for misdemeanors, 14, No. 1.
To investigate causes, 14, No. 2.

To take cognizance of trial, 14, No. 3.

When place of commission of crime unknown, 15.

Of causes involving connected crimes, 18.

Questions of, between ordinary judges and courts, 19–45.
Who can raise, 19.

Hierarchical superiors for decision of, 20.

Supreme Court can not raise, 21.

Action when jurisdiction reserved to Supreme Court, 21.
After the conclusion of the sumario, 24.

How question to be raised by prosecutor or party, 26.
Appeal from decision overruling inhibitory plea, etc., 26.

(See Declinatory plea; Inhibitory plea.)

Questions of negative, and those raised by special judges or courts and complaints

against administrative authorities, 46–51.

Of examining judges, 303.

To demand extradition, 828.

Implied submission, 274.

Justices:

May be challenged for legitimate cause, 52.
Challenge of, 57-71.

Form of challenge, 57.

When accused is incomunicado, 58.
Challenge not to delay proceeding, 62.
Decision upon challenge, 68-69.
Taxation of costs, 70.

L.

Law of nations, 177, 193.

Legitimate causes of challenge. (See Challenge.)

Letters mandatory. (See Letters Rogatory.)

Letters rogatory:

Letters requisitorial, mandates or mandatory letters, etc., their use in notices,

Judicial; cases in which incurred by judges and courts, and manner of utilizing
the remedy granted to enforce it, 199, 200, 269, 757-778.

Civil, of third persons, 615-621.

Libel. (See Contumely.)

Lithographs. (See Printing.)

M.

Mail, opening of, 579–588.

Mandatory letters. (See Letters rogatory.)

Manifest enmity, as a cause of challenge, 54, par. 11.
Misdemeanors, not a cause for detention, 495.

Municipal judges. (See Judges.)

N.

Negative jurisdiction, questions of. (See Jurisdiction.)

Newspapers, 817.

Notaries, when they take part in a sumario, 321.

Notifications, citations, and summonses, forms, requisites, and effects, 160, 166 et seq.

0.

Oath:

Not required of the accused, 387.

Of witnesses, 433, 434, 706.

Of interpreters, 440, 442.

Of experts, 474.

Of hombres buenos, 321.

Ocular inspection when crimes leave traces, 326-333, 726, 727.

Official paper, use of and payment for, in causes, 21, 241.

Officials. (See Employees.)

Officials, public, authority to prosecute, 666, par. 5.

Opening of correspondence, etc., 545–588.

Oral action:

Classification of the crime, 649–665.

Preliminary exceptions, 666–679.

Holding of the trial, 680-749.

Steps which may be proposed thereat, 314.

Publicity of arguments, 680-682.

Powers of the president, 683-700.

Suspension, 744-749, 841, 842.

Orders of mere practice:

Form of, 141.

Number of votes necessary, 145.

Orders of a court and number of votes necessary to issue, 141, 145.

Person injured by the crime, his rights, etc., 109 et seq., 119, 350, 853.
Personal description of accused persons, 374.

Physicians, surgeons, and pharmacists:

Denunciations, 262.

Special or court, their duties and liability, 344-352, 785.