crime

Ghosn set for court hearing Tuesday to hear reasons for his detention

57 Comments
By Miwa Suzuki

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next tuesday? this should be done at the first arrest back Nov 19, stalling time till next week to give nissan and prosecutors more time to cover their wrong doing. judges and prosecutors should aware of article 34 before the arrest. bad system and bad people.

16 ( +20 / -4 )

Finally, a day in court - something that happens within just a few days in most rule of law countries. Not that I believe he will be released, but it should help break the monotony of his detention and constant questioning without an attorney present. He might even get to see the sun.

17 ( +18 / -1 )

no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel." Seems the prosecution have been overlooking constitutional law for some time. Understandable it does cause confusion. Having a check and balance system that is. Bet there's a lot of confusion in the prosecutors office this weekend. Really didn't think this through. Going to be some retirement packages paid this year.

11 ( +13 / -2 )

Pass the pop corn, this is gonna be interesting.

12 ( +12 / -0 )

Article 34 of Japan's Constitution stipulates that "no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel."

"Nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel," it says.

so they don't even follow their own constitution and only now once it's pointed out decide to follow it. Yikes and double yikes

21 ( +23 / -2 )

An interesting turn of events and quite strange that the constitutional laws have not been widely used before.

I suspect it is because they are so malleable.

Article 34 of Japan's Constitution stipulates that "no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel."

Ghosn has not been arrested. He is being detained for questioning. Arrest comes after enough evidence has been gathered.

"Nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel," it says.

In this case the prosecution will probably submit that "adequate cause" would be the prevention of destruction of evidence or risk of flight.

A judge could reasonable go along with these arguments.

A very brave judge would err on the side of the accused.

-8 ( +4 / -12 )

Ghosn has not been arrested. He is being detained for questioning. Arrest comes after enough evidence has been gathered.

Which is how they are getting around their own constitution by not charging him then laying down multiple not-charges

10 ( +12 / -2 )

Japanese law needs revision and clarification!

11 ( +12 / -1 )

Japanese law needs revision and clarification!

The law looks fine. It's the implementation. No law can survive everyone ignoring it

17 ( +17 / -0 )

Interesting turn of events. But I am getting tired of the way these articles keep using over aggrandizing language, just report the damn news and be done with it!

3 ( +5 / -2 )

Justice in Japan is looking more and more like a scaled down version of the Kenpeitai with a constitution tacked on to it, if you ever get that far. You can't break the rules of a constitution you never see. I wonder the last time prosecutors read article 34? Or a judge for that matter?

15 ( +16 / -1 )

Carlos Ghosn is likely to appear in a Japanese court next Tuesday to hear the reasons for his detention, after his lawyers deployed a little-used article of the Constitution

Almost begs the question if most (if not all) defense attorney's in Japan are ignorant of their own Constitutional Due Process laws if this tactic is somehow portrayed as a "shock move?"

15 ( +16 / -1 )

Article 34 of Japan's Constitution stipulates that "no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel."

Oh? There's a constitution in Japan?

9 ( +13 / -4 )

Funny article 34, uses detain or arrest, so no difference there, yet no mention of ten days or twenty three days, so was all that fine print added to a later article ?

12 ( +14 / -2 )

Saikawa might be right.... but keeping a person in jail for a financial crime and trying to force that person to sign a confession, is that necessary? With a financial crime.... especially one that involves not paying taxes... that should be between Japan's Taxation Bureau and Ghosn.... why would Nissan finger the guy? That and that alone, along with the timing of when Nissan did it, is tantamount to a conspiracy against Ghosn by Nissan. I've never seen any company accuse its own employee of tax evasion.

9 ( +11 / -2 )

He ain't coming out anytime soon on bail. Japan Inc/ Nissan's backers will see to that.Japan's behavior is no different to their Chinese cousins,loath as they are to admit it.

13 ( +14 / -1 )

''so they don't even follow their own constitution and only now once it's pointed out decide to follow it.''

I think that's because they (prosecutors here) usually don't have to worry about things like that. After a few days you are just supposed to confess or quit and be on your way.

Anyone who's had a contract dispute or been bullied out of a job knows it. Laws and rules only apply to the richest party in Japan. It's the same at all levels of business and society here.

Don't disturb the 'wa'.

11 ( +12 / -1 )

Garymalmgren, “Ghosn has not been arrested.”

Ghosn has been arrested three times. You are perhaps confused about the difference between”arrest” and “indictment”.

6 ( +6 / -0 )

Of course he was informed of the charges when he was arrested and during investigations.  What do you think the prosecutors and Ghons are talking about?   He is now using the clause as an excuse to speak in public before the trial begins and put pressure on the court.

-12 ( +2 / -14 )

mere formality, he will just be told in public the same thing as it say on the paper..

-1 ( +3 / -4 )

Ghosn has been arrested three times. You are perhaps confused about the difference between”arrest” and “indictment”

It's a problem in translation. Until an actual warrant has been given to the detainee, he has not been officially "arrested"/"indicted".

He has been "officially" arrested/indicted on first charges, and is currently being "detained" for the third.

It really is a problem with the translations, and is rather easy to get confused about, as many people think that detained is the same as arrested here, and it's not.

-7 ( +1 / -8 )

@garymalmegren

Ghosn has not been arrested

Not only has he been arrested, he's been re-arrested.

The constitution was written entirely by Americans. The Japanese really don't like the human-rights provisions in it, although they may say they do in public to foreigners.

In fact, the postwar government rejected constitution when presented, with special objections to the provision on equal public education for boys and girls. LOL.

9 ( +10 / -1 )

The constitution of Japan rather than being the highest law, is just supplying a Vibe. Like most laws, regulations, standards the Vibe they convey isn't used day to day. Panic mode from the Judiciary, prosecutors and government. How does this look overseas Japan didn't, doesn't follow it's own rule of law. That's a bad Vibe.

10 ( +11 / -1 )

I think people are reading too much into this/misunderstanding what it means.

"no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel."

Of course he was told what he was being arrested for, otherwise how could he, as the article states, be denying the allegations? And I’ve not seen any indication anywhere that he is claiming he wasn’t told why he was being arrested. That quote from Article 34 actually seems to be irrelevant to this news article

"Nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel,"

So he, through his lawyer, has now made that demand and a court date has been set. An unusual move for sure but I would think most people who have been arrested perhaps don’t have the kind of motivation or need to make those reasons public.

6 ( +8 / -2 )

Of course he was informed of the charges when he was arrested and during investigations.

Her Constitution says:

Nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel

1 ( +3 / -2 )

.... especially one that involves not paying taxes... that should be between Japan's Taxation Bureau and Ghosn.... I've never seen any company accuse its own employee of tax evasion.

Ghosn's detention has nothing to do with income tax or the Japanese Income Tax Bureau.

-2 ( +5 / -7 )

Most countries suspects are held on remand. This can be weeks to months for the court case. As he did corruption and there are paper trails, his court case should be pretty quick.

-9 ( +1 / -10 )

Ah - finally a nod & wink to Habeas Corpus coming into play.

Authorities like to say H.C. is duly followed here but it is a lie.

I've posted about this before so won't go into it again, just suffice to say it's better late than never - although other countries were centuries earlier.

11 ( +12 / -1 )

"no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel." Seems the prosecution have been overlooking constitutional law for some time

In what ? Mr Ghosn had his "privilege of counsel", within hours after being detained. And just as soon, the lawyer publicly commented charges, which shows he was informed.

It's not the constitutional right that is little used, but the possibility to request and obtain a public hearing :

upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel,"

There had been no demand so far. I don't think it will bring anything to actual cases, and nobody feels the need to make such requests. It's not reality tv, the commentators of this board won't be asked to tweet to vote if the candidate continues or leaves the show. I guess it serves the PR team that tries to make an ordinary embezzlement system getting debunked into the new Rosenberg trial.

-5 ( +3 / -8 )

Japan's constitution was essentially forced on them after the war - it is unsurprising they choose to ignore the basic human rights laid out in them. Japanese justice continues just as it always has - through forced confession and the principle of guilty if arrested.

11 ( +12 / -1 )

“Nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel,"

Another point. Some people commenting don’t seem to realize that the reasons/charges for being arrested are not necessarily the same as the reasons for being detained.

4 ( +6 / -2 )

Ghosn's detention has nothing to do with income tax or the Japanese Income Tax Bureau.

First off there really is no Japanese Income Tax Bureau, 税務署、it's called the Zeimushou, or Tax Office, Officially known as the National Tax Agency, or nationally as the kokuzeicho 国税庁.

And yes it has everything to do with income, and indirectly taxes, as he supposedly/allegedly, under-reported his income, which is contrary to laws here. It's about the deferred income, and directly what he would be taxed.

1 ( +4 / -3 )

Company controlled courts for revenge. Meanwhile tie this in with every major company not going to court for falsifying records, threatening the safety of thousands, stealing the designs of others. This can't continue and have everything work out. Can trade agreement fraud be next?

There's another Japan inside that's okay, but this veneer of constantly unrelenting illogical escalating fraud is really what ruins it

1 ( +4 / -3 )

Well, according to another J news source Ghosn payed Nissan dealers in Oman and Lebanon around $32 million and $16 million, respectively.

This is money from the CEO fund.

This money was funnelled via Dubai-based Nissan Middle East .

-4 ( +2 / -6 )

sf2k .. but this veneer of constantly unrelenting illogical escalating fraud is really what ruins it

What kind of fairy-land are you living in ?

And, this kind of stuff does not happen in other countries. ????

Besides the 'fraud' Ghosn is charged with is not 'make-belief' - it is real.

What is shocking , in fact, that NISSAN execs allowed it for so many years.

Some one in their ranks colluded.

-6 ( +2 / -8 )

According to another news source, Renault Union has inquired about Ghosn paying off one of the Renault execs.

Sensitivity about salary is not just a 'Japan' thing.

Renault Union is fighting hard for decent wages for their workers- while their now jailed CEO was secretly paying off an Exec.

The wonder is why Renault pretends all is well.

-8 ( +1 / -9 )

And yes it has everything to do with income, and indirectly taxes, as he supposedly/allegedly, under-reported his income, which is contrary to laws here. It's about the deferred income, and directly what he would be taxed.

Ghosn's detention is not because of tax evasion. Neither you nor I know where he is tax resident and which double-taxation tax treaties he may be taking advantage of so, until I know that I would not be indirectly accusing him of tax avoidance in Japan.

1 ( +2 / -1 )

Article 34 of Japan's Constitution stipulates that "no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel."

Prosecutor just detain him in the dark without little information what are exact multiple allegations that prosecutor brought to him. This can easily make him confuse and give answers that can lead to his indictment.

Unlike people outside detention can be easily find out what are his allegations and how its developed from news outlet through prosecutor leak-based media strategy.

5 ( +7 / -2 )

Article 34 of Japan's Constitution stipulates that "no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel."

"Nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel," it says.

Why don't more attorneys use this to demand charges are leveled at the time of arrest and free their clients from custody? It would seem to counter the ability of prosecutors and police to hold suspects incommunicado for prolonged periods. And why is Ghosn's attorney just now demanding to know the charges?

3 ( +6 / -3 )

He has not (yet) been accused of tax evasion. The under reporting is related to the obligation of Nissan, as a public company, to disclose CEO compensation.

(The embezzlement accusation is another matter).

4 ( +4 / -0 )

Why don't more attorneys use this to demand charges are leveled at the time of arrest and free their clients from custody? It would seem to counter the ability of prosecutors and police to hold suspects incommunicado for prolonged periods. And why is Ghosn's attorney just now demanding to know the charges?

Because it doesn't change the situation a damn bit.

Basically it just states that the defendant will be read of his charges in court with his attorney in presence.

No argument will be heard by the judge until they actually start court proceedings.

2 ( +3 / -1 )

Ghosn's detention is not because of tax evasion. Neither you nor I know where he is tax resident and which double-taxation tax treaties he may be taking advantage of so, until I know that I would not be indirectly accusing him of tax avoidance in Japan.

Never said it was either, you are assuming otherwise. Any income reported as coming from here, to the tax agency here in Japan, is taxable HERE in Japan.

Does not matter where you claim your tax residency either. Also he has been reporting taxes here, according to the articles so far and in the news, so he is required by Japanese law to pay taxes here as well.

Again I never said anything about tax evasion either, only that he was required by law here, to report DEFERRED income as well, and THAT is for tax purposes only! His argument, is that the amount was not set, so he had not obligation to report it.

That is what he was charged with.

-2 ( +0 / -2 )

Seems to me that Nissan tricked in Ghosn into doing things that would help Nissan get rid of him when needed...

1 ( +3 / -2 )

after his lawyers deployed a little-used article of the Constitution.

Great, maybe this article will be utilised in future and not just be a grand sounding concept from Western jurisprudence.

4 ( +4 / -0 )

He must be very slim, probably doesn't look like Ghosn. Don't be surprised!

0 ( +2 / -2 )

Poor man wanted to see his vision through, even working past retirement age, he couldn't accept less than before without losing face, so he kept deferring more and more, but was he still working very very hard ?

Yes he was, right up to his imprisonment.

0 ( +2 / -2 )

Some of these alleged (gossip) crimes do appear to be outside of Japan's jurisdiction. Then there is the fact he was tricked into coming to Japan for the express purpose of detaining him. What a dirty, dirty ongoing series of events. A sneak attack backed by government authorities.

1 ( +4 / -3 )

Cricky, “Then there is the fact he was tricked into coming to Japan for the express purpose of detaining him”

What in the world are you talking about? Ghosn regularly flew into Japan for business, reports I’ve seen said he came about once a month, had a home here, etc.

-2 ( +2 / -4 )

@cricky

Nope Greg Kelly was, Carlos Ghosn was on routine business schedule.

The fact is they've tried to use a sledge hammer to crack a nut, when the nut was just a squashed pea, with aspirations of making the biggest car company in the world

1 ( +1 / -0 )

And why do people have to be continually reminded that Ghosn was arrested for under reporting his income on a securities report, not an income tax return. They are not the same thing.

7 ( +7 / -0 )

Because @Educator60

No one can relate to a boss man legitimately moving billions of yen, to run a three company corporation, but they see the word tax, as more about them, they can relate.

1 ( +1 / -0 )

Wow with the treatment this guy is getting I assume he must be a mass murderer or rapist?? Where are all the crooked Japanese CEOs being detained may I ask??

3 ( +5 / -2 )

Why don't more attorneys use this to demand charges are leveled at the time of arrest and free their clients from custody? It would seem to counter the ability of prosecutors and police to hold suspects incommunicado for prolonged periods. And why is Ghosn's attorney just now demanding to know the charges?

Lot of attorneys in Japan already complain about many of law practices but nothing changes, you could find that easily online. Other cases that have this kind of attention usually suspect is already obviously guilty so even if attorney brought objection there will be no public support.

Other cases where suspect not necessarily guilty sometime can get enough attention.

0 ( +1 / -1 )

Reading the above comments three things come to mind.

Firstly, a book I once read called "Bridge House" by Peter Claque (1983) describes how prisioners at the Kenpetai headquarters in Shanghai during WW2 were interrogated (tortured) every 10 days. The 10 day period was to "soften the prisioner up" while kept in appauling conditions. 10 days to soften up i appears to have been changed to "time to reflect".

Secondly, a book written in the late 1980's entitled "The Enigma of Japanese Power" describes the appauling conditions of detention on Japan, but also has a paragraph entitled "scared judges". It would seem that in Japan judges are selected by the Ministry of Justice whose head happens to be usually a prosecutor. A judge has to be re-selected every 2 years. Little surprise a judge will just rubber stamp the prosecutor's demands /requests.

Thirdly, many years ago, a gai-kensatsu (prosecutor for foriegners) told me that during WW2 he was in charge of prisioners.

I'm not sure how to read into that, but, to me, it has an uncomfortable air about it.

2 ( +2 / -0 )

Have everyone heard this old record spinning and spinning again ???.I support Carlos going to court, finally, we can hear his side of the story............now saikawa, is he not the current president and was working togather with Carlos ???. How have he been using the C.E.O funds ???. This just show, everyone Japanese at Nissan should be fired because these people knew abt the funds and was using this fund themselves but keeping it quiet until these bad back-stabbing Japanese could use it against Carlos. Does any Japanese meant to tell me that this fund was only for one person ???.This is Japan, it is time that the Japanese kansayaku, accounts, and all at Nissan Japan have to be changed. It shows that Nissan have a very bad system and using this system to their advantage.................Nissan inc was charged, why is saikawa still free, he is the most big lone wolf , we good Japanese can see. Who is protecting him ???.Sure not good Japanese. Everyone can see that ???. saikawa was talking abt goverenece inside Nissan , who is he trying to kid this time ???. A wolf trying to protect himself ???.

1 ( +1 / -0 )

I would like to go to the court to hear Carlos side of the story and help him. I do not need anything from Carlos.

I just could not stand a bad back-stabbing Japanese that have been treated well by a foreigner.

0 ( +2 / -2 )

Vinarious,

“I support Carlos going to court, finally, we can hear his side of the story........”

I have a feeling you may be disappointed as it’s my impression that this particular court session coming up Tuesday is not for that purpose. It’s rather the other way around, is it not? However this maneuver on the part of Ghosn’s lawyer is so rare I don’t recall ever seeing such in the four decades I’ve been here. It’s possible the detainee or his lawyer gets to present their side but I doubt it. Would not mind being proven wrong on this point though.

0 ( +0 / -0 )

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