| CHAPTER 4: THE JUDICIARY |
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Art. 164 The judiciary shall guarantee to everyone the legitimate safeguarding of their liberties and their fundamental rights. Art. 165 Everyone is equal in the eyes of the law. Justice shall be accessible to all. Court orders shall be issued in conformity with the law in the quest for equity. Art. 166 The judiciary shall contribute to the defence of the attainments of the socialist Revolution and the protection of the interests thereof. Art. 167 Justice shall be dispensed in the name of the people. Art. 168 Justice shall be dispensed by magistrates assisted, in case of need, by peoples assessors under the conditions fixed by the law. Art. 169 Penal sanctions shall follow the principles of lawfulness and personality. Art. 170 Court orders shall be grounded and delivered in public sittings. Art. 171 All qualified State organs shall be required at all times, in all places, and all circumstances to enforce court orders. Art. 172 Judges shall solely obey the law. Art. 173 Judges shall contribute to the defence and the protection of the socialist Revolution. Judges shall be protected against all forms of pressure, interference, or manoeuvres likely to undermine the accomplishment of their mission or the respect of their free will. Art. 174 Magistrates shall be accountable to the Higher Council of Magistracy in accordance with the procedures prescribed by the law on the way in which they shall carry out their mission. Art. 175 The law shall protect those to be tried against any abuse or possible bias of a judge. Art. 176 The right to defence shall be recognized. In penal matters it shall be guaranteed. Art. 177 The Supreme Court shall constitute in all legal fields the organ that regulates the activity of courts and tribunals. The Supreme Court shall ensure the unification of jurisprudence throughout the country and shall take care that the laws be observed. Art. 178 Appeals against regulatory acts shall be submitted to the Supreme Court. Art. 179 The organization, the functioning, and the powers of the Supreme Court shall be fixed by the law. Art. 180 The mission of the Higher Council of Magistracy is to provide advice to the President of the Republic under the conditions and in the cases provided for in Article 182 of the Constitution. Art. 181 The President of the Republic shall be the President of the High Council of Magistracy. The Minister of Justice shall be the Vice-President of the High Council of Magistracy. The composition, the functioning, and the other powers of the High Council of Magistracy shall be fixed by the law. Art. 182 The High Council of Magistracy shall issue a consultative advice before the President of the Republic shall exercise his power to grant pardons. Under the conditions fixed by the law, the High Council of Magistracy shall provide its advice on the appointment, transfer, and evolution of the career of magistrates, and shall participate in the control of the discipline of magistrates in conformity with the law. |