That is not really the case, the common laws is based on judicial precedent as well as enacted statutes. The Napoleonic code, which by the way was adopted by the State of Louisiana, is a written code of laws with predermined penalties. A person must still be proven guilty, though the principle of “habeas corpus” doen’t apply. Also the rules of evidence are quite different. And I am not sure a jury system is used. An interesting example of how the law is applied in Costa Rica is for sometime two and/or three previous presidents have been imprisioned for long periods of time and have never been charged or tried for any crime.
“Preventive custody” can go on for a long time.
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