crime

Ex-Nissan chief Ghosn makes 3rd bail request

38 Comments
By Eric Piermont

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38 Comments
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The refusal to grant him bail "would not be normal in any other democracy," he said.

An obvious truth. And sadly for Japan, a reason many like-minded people consider Japanese 'justice' as nothing but third-world barbarism.

25 ( +27 / -2 )

The refusal to grant him bail "would not be normal in any other democracy," he said.

Fight the charges not the system. If you fight the system they will just fight back and claim "this is Japan" just to make a point.

17 ( +17 / -0 )

Fight the charges not the system. If you fight the system they will just fight back and claim "this is Japan" just to make a point.

The issue is that defending yourself and forcing the prosecutors to do their jobs instead of relying on confessions is fighting the system here.

Stay strong, Ghosn. Make them prove up their case.

19 ( +19 / -0 )

"Why am I being punished before being found guilty?"

That's the million dollar question.

Fight the charges not the system.

What if the system is keeping you from fighting the charges?

21 ( +22 / -1 )

He's been locked up for over three months. The Japanese prosecutors should have built their case against him by now, which means his detention is unwarranted. He has proposed living in home detention and wearing a locator anklet and will pay for security. There is no reason for him to remain in detention other than being the victim of an injustice system that punishes people before they are proven guilty.

26 ( +27 / -1 )

After all I have read about Ghosn and what he has done (or is alleged to have done) I do not think I would even like the man, BUT

It is very obvious that this now has gone beyond whether or not Ghosn has broken any law or not.

I agree with the above posters. The Japanese justice system is barbaric.

18 ( +19 / -1 )

Ghosn's problem is that he isn't a Japanese male actor accused of sexually assaulting a woman!

If he was, then he would already have been released on Yen 5 million bail!!

19 ( +21 / -2 )

"Why am I being punished before being found guilty?" Ghosn asked, speaking to AFP and the Les Echos daily in January.

The refusal to grant him bail "would not be normal in any other democracy," he said.

He's 100% correct.

And sadly for Japan, a reason many like-minded people consider Japanese 'justice' as nothing but third-world barbarism.

correct again.

It is very obvious that this now has gone beyond whether or not Ghosn has broken any law or not.

I agree with the above posters. The Japanese justice system is barbaric.

That's 3 in a row.

14 ( +15 / -1 )

The modus operandi is to lock someone up and get a confession from them.

Obviously, this has not occurred.

However, Mr Ghosn’s detention must be something of a record for a CEO accused of white collar crime.

This case is most certainly going to have a detrimental effect on any foreigner contemplating a senior position in Japan.

The MOJ is hurting Japan’s image by continually refusing bail......

15 ( +15 / -0 )

I've been screaming ranting reporting for 12 years to whomever I can reach the Japanese legal racket is nothing short of Kafka. Told ya so. If there's one thing I learned it is nothing will change.

11 ( +13 / -2 )

There should be some kind of compromise down the road.

-6 ( +1 / -7 )

"Why am I being punished before being found guilty?

Is there any possible answer for this simple question worthy of consideration? Anyone?

Three times a charm, fingers crossed. Not likely but you never know. Sorry Ghosn, it seems you are the chosen one to shoulder the burden of a nation dragging its feet and bent on trying to maintain a system not in lines with modern values.

Lets see how the ‘Do nothing’ approach and hope the problem goes away plays out on this stage. Probably not to well for all parties involved.

That should be the cue to action by the way. When the only thing that wins is expediency, it’s time.

0 ( +2 / -2 )

How is this guy still locked up?

11 ( +13 / -2 )

Free Ghosn!!!

11 ( +12 / -1 )

However, Mr Ghosn’s detention must be something of a record for a CEO accused of white collar crime.

Not at all, Hori and Karpelès comes to mind.

5 ( +5 / -0 )

Japanese Justice System = Japanese Hostage System

13 ( +14 / -1 )

We are in Japan, America wrote our Constitution post WW2 and our system still sticks to shogun era laws of hold the captive for no reason and just humiliation.

5 ( +7 / -2 )

What truly is democracy a d justice for the innocent?

5 ( +6 / -1 )

FLAGRANT DÉLIT

°

First, he was taken the hand in the cooky jar. So even in France, so you are treated as "already guilty". So every democracy here does the same. Guilty stay in jail and start they prison pain without waiting. The years done will be subtracted from years to do.

Second, the flight risk is not link to his good will , but to his lack of freedom to use his good will for himself if someone threatened his family or jewels. No phone is freedom guaranty here.

Third, the suicide rick or help to suicide risk is real. Prison is a protection too. He is under constant watching. So "nobody can help him stop to be an existing problem for their business and security".

To conclude, his lawyer can' t do miracle without taking a real flight risk where "flight" is a extended symbol about many silent risks.

°

MMF

-14 ( +2 / -16 )

life sentence with no trial?

8 ( +9 / -1 )

Somehow the concept of Habitus Corpus has passed Japan by.

And, despite being given a new constitution after WW2, the legal system in Japan has somehow become mutated.

6 ( +7 / -1 )

Ghosn's lawyers should ask the prosecution why they have not yet secured all relevant evidence in his case, what evidence still remains to be secured, and how long it will take them to secure it.

The court should be asked why the Japanese "justice" system is apparently incapable of keeping someone released on bail from fleeing the country. The judges should be asked to explain the what deficiencies in the "justice" system supposedly allow suspects to escape their jurisdiction, and to cite previous examples of such.

Of course, neither the prosecutors nor the judges will explain any of this and Ghosn will stay in jail.

6 ( +7 / -1 )

"Why am I being punished before being found guilty?" Ghosn asked, speaking to AFP and the Les Echos daily in January.

Ghosn

"They don't have to show us Catch-22," the old woman answered. "The law says they don't have to."

"What law says they don't have to?"

"Catch-22."

I didn’t know that Joseph Heller wrote the Japanese constitution.

1 ( +1 / -0 )

Mr.Goshn you have been punished without a sentence yet because this overly proud country with a stubborn mentality do not want to lose it's face,justice and human rights are not important as saving face for the honour of the country.

9 ( +9 / -0 )

The Japanese people don't seem to distinguish between pre-trial bail and post-sentencing/imprisonment parole. The word "shakuho" is used in both cases.

The Japanese people I've talked to about this don't seem to differentiate between the two concepts in Ghosn's case either. i.e., they equate Ghosn's request for bail to be synonymous with a convicted prisoner's request for parole (in their minds, he is convicted already).

7 ( +8 / -1 )

This time, Carlos must be grated bail. there is no more excuses any parties can give.

5 ( +6 / -1 )

The Japanese people don't seem to and post-sentencing/imprisonment parole. The word "shakuho" is used in both cases.

That is very interesting. It confirms what I have always noticed, that the trail itself is nothing more than a rubber stamping ceremony.

Pre-trail bail would give the notion that the prosecutor could be wrong, or the defendant could be right (not guilty due to mitigating circumstances).

3 ( +4 / -1 )

Ghosn should employed Legal High's Yui Aragaki as lead lawyer. As he will find way to outsmart prosecutor.

5 ( +6 / -1 )

Although fiction, if you have watched Kore-eda's procedural 三度目の殺人 (The Third Murder), you have a glimpse of Japan's take on justice.

-2 ( +1 / -3 )

He should enlist the services of the new Ministry of Justice's human rights bureau. That would a good way to test out this new service.

-3 ( +0 / -3 )

„because this overly proud country with a stubborn mentality“

cool and regional correct

1 ( +2 / -1 )

It's funny how all you guys think the justice system in Japan is the same as in the US. They could lock you up in Japan with no justification for up to 3 months. The harder you try to fight the justice system the more of a sentence you'll have.

1 ( +1 / -0 )

after more than three months of detention

How much has this cost the taxpayers? As a taxpayer I want to know.

1 ( +2 / -1 )

The refusal to grant him bail "would not be normal in any other democracy," he said.

In nearly all OECD countries, for 100 000 inhabitants, 149 are currently jailed. Among them 26% in pre-trial custody like Ghosn. In Japan, it's 63 (11% pre-trial). What other countries is he concerned about ?

France, it's 96 (28 % pre-trial). Netherlands 100 (25% pre trial). Brazil 242 (37% pre-trial).

All that is low compared to the USA where it's 760 (21% pre-trial). Only one country does better than Japan, it's Iceland with 44 (7% pre-trial).

Source : OECD. org

0 ( +3 / -3 )

There should be some kind of compromise down the road.

the only compromise is that they'll ask Ghosn to plead guilty on a lesser charge which will get him a fine and suspended sentence, this way prosecutors can save face or whatever is left of it. If i was Ghosn Id say GFY ( in legal jargon ) bring your evidence Ill see you in court.

2 ( +3 / -1 )

Only one country does better than Japan, it's Iceland with 44 (7% pre-trial).

no country does better at convictions at 99% of Japan, are J prosecutors just so much better than every other country or maybe the way they go about getting confessions is corrupt

3 ( +3 / -0 )

This time, Carlos must be grated bail. there is no more excuses any parties can give.

not really repeating the same excuse is as good as a new excuse in Japan

2 ( +2 / -0 )

Japan is such a pitiful country, to proud to admit that all involved in the Nissan case have made a big mistake regarding a foreinger named Carlos because of only the jealousy of one Japanese named saikawa. So sad for japan.

2 ( +2 / -0 )

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