crime

Ghosn's detention extended by 10 days until Jan 1

28 Comments
By Hiroshi Hiyama

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28 Comments
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That's saddening and ridiculous, I do hope there's an organized protest and more people to form a protest outside that detention center and also outside Nissan's Yokohama head office.

13 ( +18 / -5 )

I really do hope he an Kelly is proven innocent and that they both destroy Nissan in 2019. No human should be put up for abuse because of Nissan's old guard management grudges against their alliance. Justice system needs changing prior to the Olympics, even developing countries wouldn't do this injustice...

11 ( +16 / -5 )

in Japan, suspects can be "re-arrested" several times over different allegations

Are there actually countries where you cannot be re-arrested on a subsequent charge? I've never heard of one. Given how common it is for additional wrongdoing to be discovered in the course of a criminal investigation, it would be fairly extraordinary.

-1 ( +7 / -8 )

Boycott Japan and Japanese business. This is getting ridiculous.The hierarchy of Nissan are just a bunch of spoiled babies. This will surely backfire and break apart the alliance and Nissan. Super Mario is all you will have left.

0 ( +10 / -10 )

I really do hope he an Kelly is proven innocent and that they both destroy Nissan in 2019.

They won't be working much over the holidays, so they are going to use it as an excuse to get 10 more days because everything was shutdown. I hope Ghosn stays strong to expose Japan. Luckily, he has more to lose by giving up than fighting unlike the average person who is arrested in Japan.

They are so desperate to get Ghosn charged. They are worried because he is still the CEO and chairman of Renault. They know if he isn't removed from office then he will remove all of these Nissan conspirators, and he will absorb Nissan with lots of hell to pay.

9 ( +13 / -4 )

Maybe "under-reporting" included too many Nissan management, but something personal during the Global Financial Crisis, can be the personal they need, Prosecutors are very clever, remember that.

3 ( +6 / -3 )

Are there actually countries where you cannotbe re-arrested on a subsequent charge? I've never heard of one. 

Most countries will only hold people for 24 to 48 hours. Also, Japan clearly structures its arrest structure to allow for a new arrest. Ghosn's second arrest was essentially for the same crime. To new, this was an abuse of a system that was already extreme compared to normal developed countries.

Admittedly the third arrest is for a new and different offence.

2 ( +7 / -5 )

What a complete farce! What’s the difference if they let him out today or next week? This is just the pathetic ‘lock them up until they break’ strategy of the Japanese lawyers. What’s the bet they try to find some other trumped up garbage to hold him on next week? I still have no idea what “aggravated breach of trust” actually means. Either convict him or free him! Stop playing petty intimidation games. His lawyers are going to have a field day with this unnecessary incarceration when and ‘if’ it ever goes to court. I say ‘if’ because I have rousing suspicions that Ghosn will be snuck out of Japan long before his trial actually begins.

5 ( +9 / -4 )

Boycott Japan and Japanese business.

It seems to me that Japan / Japanese business has nothing to do with prosecutors matter. Ghosn would probably be convicted of one of many wrongdoings at least. Crime is crime. All Japanese people are treated same way under accusation process if they did it.

-1 ( +5 / -6 )

Semperfly

The whole business world is NOT talking about this case.

Are you kidding !? There are real time issues.

The Business world is more interested in how China's economy impacts them, the US interest rates, the Brexit situation.

Like I was saying before, the business world is very keen about this story. While this story may not go well for Ghosn, this may have a have an impact on Japanese businesses in the future.

4 ( +6 / -2 )

All Japanese people are treated same way under accusation process if they did it.

No they are not. Police in Japan have discretion and usually encourage people to sort things out amicabley before they arrest somebody.

-1 ( +2 / -3 )

@Ah_so

Ghosn's second arrest was essentially for the same crime...

Admittedly the third arrest is for a new and different offence.

This is only Ghosn's 2nd arrest. There hasn't been a 3rd arrest. The detention period for the salary disclosure crime (which he has been formally charged with) was extended twice. We are now in the first extention period of the 2nd arrest involving breach of his duties as an executive.

Most countries will only hold people for 24 to 48 hours.

As I've mentioned in other posts on this topic, the pre-charge detention period is largely irrelevant in my opinion because judges and prosecutors would just compensate for this by lowering the quality of evidence required to authorise pre-trial detention.

Let's assume the law in Japan were changed to allow only 48 or 72 hours of pre-charge detention. How would that have affected the outcome of this case? Would Carlos have walked free at the 72nd hour? Probably not. It's more likely that Carlos would have been charged even on flimsy and incomplete evidence. Knowing that prosecutors now have very little time to collect evidence and put together a case, judges would naturally be more sympathetic to prosecutors and would give them the benefit of the doubt when rubber stamping pre-trial detention requests. This is realistically what you see in countries where the pre-charge detention period is unrealistically short. Carlos would then enter an undefined period of pre-trial detention and would likely be exactly where he is now, in detention awaiting trial.

The real issue that sets Japan apart is that bail is very rarely granted here. Perhaps it should be more widely used, but it also raises fundamental questions about whether the justice system should grant the wealthy special privileges which are denied to the poor. This is rarely discussed in countries where bail is widespread. Of course, you could operate a system of non-monetary bail (GPS trackers, house arrest etc.), but this is very expensive and few countries do this without also requesting bail money.

Japan's system obviously isn't perfect by any means, but it's also not as uniquely horrible when compared to other countries as some want to suggest.

0 ( +3 / -3 )

That's saddening and ridiculous, I do hope there's an organized protest and more people to form a protest outside that detention center and also outside Nissan's Yokohama head office.

If you want to protest, the if you want to protest, do it at any dealer re are plenty of Nissan dealerships around.

-1 ( +1 / -2 )

Riduculous & mean. I want that current Nissan & saikawa have a very bad Christmas & 2019. Keep Carlos

in detention until Jan 1st 2019. Until proven guility in court , no one including every bad persons in Nissan should spent a normal day. Human rights group , pls step in right now. Presidents of all countries , pls step in right now. If nobody of any nations take any actions, all foreign citizens could be treated like Carlos. Can anyone of U keep yr eyes & ears closed ???. I have never wished anyone anything bad but Carlos case is too mean & bad. All good Japanese , do all of u want this ???.

1 ( +4 / -3 )

The 64-year-old has reportedly denied the allegations, asserting that transactions were carried out legally.

It'll be illegal if he has transferred his personal stock share trading lost to Nissan Company Account.

Some comments in here are negative about investing into Carlos Ghosn' financial misused and abusing his position. I'm a big fan of Carlos Ghosn for revitalizing of Nissan GTR and Nissan Z and saving Nissan from collapse. However, we must respect the rule of law and no one should above the law. Please, we must patient and wait until finish the investigation.

-1 ( +1 / -2 )

.LandOfThe Lost : While this story may not go well for Ghosn, this may have a have an impact on Japanese businesses in the future

Hardly. Business is about getting the best product to make profit.

If you look at the top Japanese companies world wide you will - even according to Forbes - the following companie :

Hitachi Mitsubishi Canon Toyota Yamaha Panasonic Honda Sony Suzuki Nippon Steel JX Holdings KDDI Mitsui Sumitomo holdings Japan Post holdings Kawasaki Komatsu Takada Pharmaceuticals ( among others) .

Japanese products are known for their QUALITY and STATE-OF-ART TECHNOLOGY

In the business world it is only about SALES, PROFITS and MARKET VALUE.

What this case will message to foreigners working in Japan is : OBEY THE LAW..

-6 ( +2 / -8 )

Quality? State of the art?

Japanese businesses have been struggling for a long time. Just look at the stock market. When it comes to technology, there are a lot of players in the market, so that meal is getting smaller day by day. And, with all those scandals in recent times, the image of quality and Japanese products have sadly been fading away.

Having the best product doesn't necessarily equal profits. Just look at Sony, they've been struggling to grasp that for decades.

0 ( +2 / -2 )

Ghosn case will not impact trade with Japan.

You are dreaming - or know nothing about inexorable pernicious capitalism

There are MANY OTHER BIG countries, major players - who equally are festered with business scandasl with international overtones - but the business game goes on inexorably.

Maybe for the foreigners living in Japan this may be a focus of interest- but trust me - there is hardly a parenthetical comment on this outside of Japan

.Business as usual.

The word is : Ghosn fell on his own sword

-5 ( +2 / -7 )

In the business world it is only about SALES, PROFITS and MARKET VALUE.

All of which Japan has been seeing shrink as a percentage for 20 years now.

2 ( +2 / -0 )

M3M3M3, “This is only Ghosn's 2nd arrest. There hasn't been a 3rd arrest. The detention period for the salary disclosure crime (which he has been formally charged with) was extended twice.”

I believe he was arrested twice for the securities report salary disclosure problem (for two different time periods). And the current arrest for breach of trust does indeed make the third arrest.

0 ( +1 / -1 )

No they are not. Police in Japan have discretion and usually encourage people to sort things out amicabley before they arrest somebody.

Prosecutors might have done a little bit strong way about Ghosn's case. Because he is not just another ordinary person. He was a top leader of the company. He has many biggest suspicions that he manipulated his remunerations of years and spent billions of company's money(asset) for personal purposes and made big loss of billions of company's money for personal benefit. Ordinary person will not do these. That's why. Final accusation seems to be tax evasion.

1 ( +1 / -0 )

Educator60:

I believe he was arrested twice for the securities report salary disclosure problem (for two different time periods). 

No. The prosecutors wanted it but failed to obtain a warrant because the court rejected it. M3M3M3 is correct. Ghosn was arrested only for the second time.

0 ( +0 / -0 )

Socrateos,

“No. The prosecutors wanted it but failed to obtain a warrant because the court rejected it.”

I believe you have misunderstood. What the Tokyo District Court rejected was the prosecutors' request to have the detention extended. Ghosn and Kelly were arrested for the first time on Nov 19, and indicted on those charges and rearrested on the same charge for a different time period on Dec 10. Ghosn was arrested for the third time on Dec 21.

0 ( +1 / -1 )

Almost a month in jail no charges laid. This is a travesty and essentially corporate bullying

-1 ( +2 / -3 )

It's very difficult to see how any of the charges that have been laid against him don't implicate Nissan as well. If he does eventually go down, he'll take the company down as well. Exposing Japan's sham system of pre-trial detention before charges are brought and re-arresting those already in custody to prolong their detention might finally result in change, but I'm not holding my breath. The govt has stonewalled Amnest International on this for decades.

0 ( +1 / -1 )

Semperfi

Ghosn case will not impact trade with Japan.

You are dreaming - or know nothing about inexorable pernicious capitalism

Who said anything about this case directly impacting Japanese trade? If the world behaved like China, that might be the case.

This story is not just about Ghosn. When Japanese businesses scout for talent, people around the world will think twice about coming to Japan.

2 ( +2 / -0 )

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Paul Martin • 14 minutes ago

What justice system ? The MOJ (ministry of justice) HATES gaijin (foreigners) that's WHY there is a 99% plus conviction rate in Japan. The police, prosecutors,judges are extremely prejudiced and they RARELY if ever pursue Japanese especially wealthy connected ones like Abe who was recently accused of corruption. Every Japanese prime minister in memory has publicly apologized for corruption !

Having lived many years in Japan and having Japanese in my family including grandchildren I have NEVER seen fairness or real justice there yet.Police often stop foreigners to check their ID which is absolute racist profiling !

The outrageously expensive lawyers, IF you can afford them, ONLY care about grabbing all the yen they can but provide meek and useless defense ! Justice in Japan means protecting the prosecutors and judges reputation period ! This will NEVER change until foreigners there organize and protest en masse and the foreign press finally gets off it's useless butts and exposes the REAL Japan to the world ! A nationalistic police state controlled by despot minded hypocrites and morons !

Hakamada Iwao is a perfect example of how a nation of WAR CRIMINALS still in power treats even innocent people !

-1 ( +2 / -3 )

Paul Martin, “The MOJ (ministry of justice) HATES gaijin (foreigners) that's WHY there is a 99% plus conviction rate in Japan.”

There’s such a failure in logic in that sentence it’s almost comical.

2 ( +3 / -1 )

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