163. In this regard, there is need to cite the following constitutional principles: -equality before the law without discrimination; -the right to be presumed innocent until proven guilty by a regularly constituted court with all the safeguards of due process; -legality of offences and penalties, with no laws having retroactive effect, unless it be to the advantage of the accused person (softer law); -the need for lawful prosecutions, arrests and detentions; -independence and impartiality of the judiciary; -accountability of magistrates before the Higher Judicial Council; -judges subject only to the law; -statement of reasons for court decisions and the pronouncement of court decisions in open court; -protection of society and freedoms and the defence of fundamental rights by the judiciary; -protection of litigants against any abuse or deviation by judges; -recognition of the right to defence guaranteed in criminal proceedings. 164. These principles are applied in the Code of Civil Procedure and the Code of Criminal Procedure. 165. Fair trial in civil proceedings is governed by specific rules which national courts must obey by issuing decisions containing de facto and de jure reasons and enforce at all stages of the proceedings (communication and exchange of submissions and evidence through the judge handling the case, possible discussions in open court, decisions pronounced in open court following an adversarial procedure, avenue for appeal against decisions issued after due hearing of the parties and decisions pronounced with one of the parties absent (default judgements)…). 166. The same principles are applied in administrative proceedings before administrative courts, and by appeal or directly before the State Council. 167. A decision delivered by the lower courts which is inconsistent with constitutional principles and procedural rules is liable to censure by the Supreme Court or the State Council which are the highest courts. 168. Fair trial in criminal proceedings is defined by three distinct basic characteristics which are scrupulously respected: -legality of offences and penalties (Articles 46 and 140 of the Constitution and Section 1 of the Penal Code): “No one may be considered guilty except by virtue of a statute duly promulgated before the commission of the incriminating act.” The corollary of this principle is that of non-retroactivity of criminal law, that is, except a softer law which is to the advantage of the accused person (Article 46 of the Constitution and Section 2 of the Penal Code); -the presumption of innocence (Article 45 of the Constitution) requires that every person shall be presumed to be innocent “until proven guilty by a regularly constituted court with all the safeguards of due process”. This principle is applied at all stages of the proceedings, in particular at the preliminary investigation (the investigating judge examines the evidence for the defence as well as the prosecution, Section 68 of the Code of Criminal Procedure) and the trial stages (public policy rules on the submission of evidence, Sections 212 and following of the Code of Criminal Procedure); -the right to defence is guaranteed in criminal proceedings (Article 151 of the Constitution). 28