In legal tradition, if there's not a law you broke, you can't be prosecuted for it.
(Yes, I'm aware of numerous historical exceptions. Those exceptions are traditionally considered not ideal.)
(Yes, I'm aware of numerous historical exceptions. Those exceptions are traditionally considered not ideal.)
That’s incorrect.
If there is not a law the prosecutor or plaintiff can point to and say you broke, you can’t be prosecuted.
We wouldn’t need much legal process after a prosecution was initiated if it was impossible to prosecute without a law actually being broken.