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I understand the difference between Common Law (innocent until proven guilty — U.S.) and the Napoleanic Code (guilty until proven innocent — C.R.). Does anyone have any real-life stories about the NC as it actually applies? Thank you!
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.I have been trying for sometime to find a comparison online regarding the two forms of law. I have just found this site http://www.ascotadvisory.com/OffshoreArticleLAW.html which offers an insight in the Napoleanic Code. I am sure that this a mystery to many of us who are looking to possibly relocate to Costa Rica. If I find anything else I will post it.
If you want some serious reading, have a look at http://www.napoleon-series.org/research/government/c_code.html I don’t know how much of this will apply to Costa Rica.
The USA is also holding US citizens and foreigners illegally for “long periods of time” who have “never been charged or tried for any crime.”
Last week, the Supreme Court “dealt the Bush administration a stinging rebuke, declaring in Hamdan vs. Rumsfeld that military commissions for trying terrorist suspects violate both U.S. military law and the Geneva Convention.”
Scott Oliver – Founder
WeLoveCostaRica.comAlthough I’m not looking for a political debate, Scott, I will say that I’m completely opposed to what our government is doing — if there’s not enough evidence to charge a person, release him/her. I don’t care if the person is a citizen or not. This, though, as you said, has been overturned by the Supreme Court — sort of; Congress is looking to act. Would the same hold true in C.R.? Would such a thing be allowed to occur? Could the president do such a thing? Is there a difference between the bases of the laws? This is the sort of thing I’m looking to learn.
The important thing to understand is the legal system in the US is based on Common Law and jurisprudence, while in all of Latin America it is still basically based on the old Roman Codes. These old codes have been patched over the decades, and have pretty much become a complete jumble. This is why petty corruption thrives. Adhering to the letter of the law, especially in business, is nearly impossible.
The day-to-day effect of this reality is that there are many ways the government and its institutions can treat you unjustly. On the flip side, it also means that those who understand how the “system” works can find all the loopholes they need to operate successfully. This knowledge does not come quickly.
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