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Japan calls Ghosn's escape 'unjustifiable' in first official comments

82 Comments
By Hiroshi Hiyama

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No good crying over spilled milk...

12 ( +17 / -5 )

the first official public comments

Hopefully future comments will address why he was held in detention for months, had no access to the Internet, could not meet his family, and couldn't even see details of the case being prepared against him!

29 ( +37 / -8 )

Detained on suspicion, held untill enough evidence or a confession is obtained and then has a day in court once the case is iron clad. Might take a year or two maybe more if you don't confess and the case is not iron clad. What a one sided system.

30 ( +37 / -7 )

Good for Ghosn but made living in Japan for foreigners much harder.

18 ( +27 / -9 )

The British press have reported that Ghosn decided to flee after he was informed that his trial had been put back to April 2021. This would mean that he would have been in custody for two and a half years before he even had a chance to defend himself. Ghosn is a pretty unsympathetic character, but there comes a point when it would be foolish to try and cooperate with such a corrupt legal system.

44 ( +49 / -5 )

“Unjustifiable” Trick a man into returning then treat him like a criminal stop him from seeing his wife, leek info to the press and cohort with Nissan to have him survived by a private security firm and the rest! All along he new he would not get a fair trail. UNJUSTIFIABLE? Any thinking man in the same situation at 65 and having the means would’ve done the same. Can’t wait for his press conferences, pass the popcorn.

27 ( +36 / -9 )

I like how ironic is the ministry of justice the one talking about how cool and good is the justice system in Japan, when the problem of the judiciary is how in bed they are with the MoJ.

19 ( +23 / -4 )

Sid, “This would mean that he would have been in custody for two and a half years before he even had a chance to defend himself.”

Wrong. Being in custody and being out on bail are not the same thing.

-12 ( +11 / -23 )

"He wanted to escape punishment for his own crime. There is no way to justify this act,"

So, by saying things like that, it would sound like the MoJ has already internally found Ghosn culpable of a crime. Which is very "MoJ" like, since they are always have "internal" rules and regulations that go over the actual laws of the country.

23 ( +29 / -6 )

No, Japan, your supposed criminal justice system is unjustifiable. It’s fatally flawed as it offers no sense of that which it sets out to provide: protection. Japanese are scared of the the law, that’s no way to use the apparatus afforded the “powers” that be.

23 ( +29 / -6 )

Ghosn twice won bail by persuading the court he was not a flight risk

This is widely considered "best practice".

12 ( +14 / -2 )

Ghosn's escape from Japan is "unjustifiable" and he is thought to have left the country using "illegal methods"

So what's justifiable? Hold a suspect up to 21 days for a single charge with additional days while waiting for trial. Not going to corporate scandal case indiscriminately, some just left almost untouched as long their executives fast enough doing bow in front of media.

12 ( +17 / -5 )

''while guaranteeing basic individual human rights.''

Well Mr. Mori...care to explain the unusual treatment Mr Ghosn received?

11 ( +16 / -5 )

The court is fair and will only find people guilty beyond reasonable doubt, they said in their statement.

Well this statement is just her opinion if there is no evidence (facts) to show how she arrives at this idea. Statements from the MoJ should be carefully worded to show that they are not biased. This is what is frustrating Ghosn. Elementary kids learn in science class that experiments must be easy for others to repeat or analyse.

5 ( +10 / -5 )

If he had done justifiable and legal departure of Japan being on bail, that would be something comical at that time !

Ludicrous statement from Japanese MOJ, as always showing total lack of what modern justice is.

14 ( +18 / -4 )

Wanna spit at Japanese or foolishly believe he is really innocent .

Make up your mind

-18 ( +5 / -23 )

Let's see:

Defense not allowed to view 6,000 files that Ghosn's enemies gave prosecutors to use as evidence.

Ghosn's informants, also complicit, got off scott-free with plea bargains and anonymity

locked up for 129 days in 7.5 sqm cell while technically innocent

Only two arrested in case were foreigners, even though forged documents were in Japanese and therefore beyond the capabilities of the suspects to produce.

99% conviction rate, while prosecutors able to appeal in the extremely slight chance they cant convict

Next-next court trials doesn't begin until over a year from now.

I'd call Ghosn's actions JUSTIFIABLE!

28 ( +34 / -6 )

He wanted to escape punishment for his own crime. There is no way to justify this act," they added.

So prosecutors had alredy judged him saying he did a crime, all against the basis of modern justice that shall prove your crime by evidence first, not because you escape.

Plenty of reasons you could be willing to escape even innocent (fear for your life being the first but being ripped of your loved ones too...).

Japanese legal system a farce in front of the world.

19 ( +22 / -3 )

She confirmed Ghosn's bail has already been cancelled

Give this bail money to the hard-working prosecutors who interrogated Ghosn for months and months and let them have a nice New Year Party to forgive and forget.

-1 ( +6 / -7 )

"Our country's criminal justice system sets out appropriate procedures to clarify the truth of cases and is administered appropriately, while guaranteeing basic individual human rights. The flight by a defendant on bail is unjustifiable," said Masako Mori.

No matter how many times you repeat this, it won’t become true until the basic right to counsel during interrogation is allowed and interrogations are required to be videoed.

19 ( +22 / -3 )

"...Our country's criminal justice system sets out appropriate procedures to clarify the truth of cases and is administered appropriately, while guaranteeing basic individual human rights. The flight by a defendant on bail is unjustifiable," said Masako Mori.

It is clear that we do not have records of the defendant Ghosn departing Japan. It is believed that he used some wrongful methods to illegally leave the country. It is extremely regrettable that we have come to this situation," added the minister...."

You just gotta love poli-speak no matter where.

This is so full of it.

Guaranteering basic human rights - lol.

...wrongful methods to leave the country - lol.

There must be no end of worms squiming on hooks back in the halls of glory.

Some will be fed to the sharks.

14 ( +16 / -2 )

99.9% conviction rate, a 0.1% chance of accidentally being found innocent that's unjustified ...think it's justified to run like hell. Or while under surveillance from the MOJ and Nissan Private Detectives don't have to run like hell just walk away nochanantly. Hilarious.

14 ( +17 / -3 )

"He wanted to escape punishment for his own crime. There is no way to justify this act," they added.

as you see they already judged him, Ghosn is right , he cannot defend his honor here.

for Japanese , crime from imagination can be transform into legitimate crime thanks to the media.

not a single proof of this circus yet. We are all Ghosn!!!

15 ( +19 / -4 )

I'm not sympathetic with Ghosn for leaving and find his leaving unjustifiable. However, the Ministry of Justice and the prosecutor's office clearly had not thought through how to put themselves in the best light. Self declarations of righteousness, by themselves, are of extremely limited effectiveness and will not transfer anyone's position.

In separate comments, the public prosecutors office deemed Ghosn's flight a "crime" and said the tycoon had "knowingly flouted" the country's judicial procedures.

In their first remarks since Ghosn's dramatic flight just before the New Year, prosecutors said the escape vindicated their argument that he should have been kept in custody.

"The defendant Ghosn had abundant financial power and multiple foreign bases. It was easy for him to flee," the statement said.

He had "significant influence" inside Japan and globally, and there was a "realistic danger" he would destroy evidence related to the case, they added.

This part is true.

Prosecutors argue that the lengthy detention is required to prove guilt beyond doubt and they are unwilling to charge a suspect if their case is not iron-clad.

If they had looked out the window and seen the color of the flak flying their way, they would have avoided this one. Should have sold the above part harder. Or they should have provided extra reinforcement for why the trial date is so far away.

Now, it is not necessarily their fault the trial date is far away. It may be a problem of court scheduling for all the information that is available.

@Jonathan PrinToday 06:43 pm JST

So prosecutors had alredy judged him saying he did a crime, all against the basis of modern justice that shall prove your crime by evidence first, not because you escape.

A bit of a hard one. The modern judicial system is supposed to presume innocence. On the other hand, even before modern judicial standards, any official that holds a citizen on criminal-law grounds in the belief he is innocent is CLEARLY abusing his authority.

Your choice.

-7 ( +4 / -11 )

If you can't take the heat (shame), stay out of the kitchen (game)...

-10 ( +1 / -11 )

It is believed that he used some wrongful methods to illegally leave the country.

That's a statement, wow!

11 ( +12 / -1 )

hope Ghosn will kick back next week, this become annoying to hear propaganda until now.

sure the J-GOV is behind this farce . do not forget gaijin FOX , he is fighting for us and our future as well.

look everyday at those Japanese corrupt officials , they just bow and banzai...

1 ( +7 / -6 )

If the justice system was a little more realistic and in line with the modern world perhaps Ghson would have had a chance and stuck around , but when this 2 bit outfit treats its high flying high profile nationals with kid gloves and slams the gaijins harder than hell then makes everyone wonder what the actual ...... !

Justice in this country is non existent, in the words of a famous club...... No Justice....Just Us !!

6 ( +10 / -4 )

The ruling strata in Japan - the ultra right wing, including the LDP and Abe - are stuck in the past. They operate as if WWII didn't happen. They need a reality check of magnitude. They might have gotten away with the inhumane treatment they gave Ghosn in the 1930's, but in the 21st century it's no longer OK. It's time for some REAL change in Japan. Not just sweeping unsightly things under the carpet but actually making some changes. Saying "there was a "realistic danger" he would destroy evidence related to the case," goes just as well the other way. The longer the delay, the more likelihood of Nissan and the Ultra-right destroying evidence related to the case.

11 ( +15 / -4 )

Completely justifiable, he just did what any sane person would do if given the opportunity. Have a cry, Japan. The rest of the world isn’t as dumb as you think

14 ( +18 / -4 )

Mori also said she has instructed the Immigration Services Agency to coordinate with related agencies to further tighten departure procedures.

You just kind of wonder how difficult things are going to become now for the rest of us. Japan often seems good at overreacting.

9 ( +10 / -1 )

indigoToday  07:04 pm JST

"He wanted to escape punishment for his own crime. There is no way to justify this act," they added.

as you see they already judged him, Ghosn is right , he cannot defend his honor here.

for Japanese , crime from imagination can be transform into legitimate crime thanks to the media.

Let it heard to a neighbour countries

-8 ( +0 / -8 )

The more I read, the more I can't help but think that he was let out on purpose. Nobody was paying any attention, it seems.

-3 ( +0 / -3 )

Prosecutors argue that the lengthy detention is required to prove guilt beyond doubt and they are unwilling to charge a suspect if their case is not iron-clad.

But in the meantime, the suspect has technically spent significant time already imprisoned even if the case comes to nothing

That's a lot of lost income and lost time

First prove to a judge that you already have good evidence and a good case, before indefinitely holding anyone while you try to find good evidence that you may or may not find

That's what grand juries or preliminary hearings are for

12 ( +12 / -0 )

lostrune2Today 08:36 pm JST

First prove to a judge that you already have good evidence and a good case, before indefinitely holding anyone while you try to find good evidence that you may or may not find

Well, but when it comes to people other than Ghosn, refusing to arrest and charge them is not a legitimate move coming from insufficient evidence, but due to bias, right?

A factor that had not been given sufficient weight is that there is already a criminal complaint from the victim (Nissan). This pushes towards action, especially since as soon as any investigation is started, the fear of destruction of evidence or escape is very real (the latter has already been verified to have happened).

-7 ( +3 / -10 )

https://youtu.be/C-cPZTZov_4?t=16

It seems that technically, in Japanese, the prosecutors did not say crime. it says that "an act that can be consistent with a crime (犯罪に当たり得る行為).

-5 ( +4 / -9 )

Tokyo -m;

Hopefully future comments will address why he was held in detention for months, had no access to the Internet, could not meet his family, and couldn't even see details of the case being prepared against him!

Exactly, these are the issues the J - government should address. The whole world is condemning your justice system as belonging to some feudal era not fit for the 21st Century and you are doubling down on it. What a shame!

9 ( +12 / -3 )

"Our country's criminal justice system sets out appropriate procedures to clarify the truth of cases and is administered appropriately, while guaranteeing basic individual human rights. The flight by a defendant on bail is unjustifiable," said Masako Mori.

Prosecutors argue that the lengthy detention is required to prove guilt beyond doubt and they are unwilling to charge a suspect if their case is not iron-clad.

The court is fair and will only find people guilty beyond reasonable doubt, they said in their statement.

Insane, the first quote is totally inaccurate, just read the next two quotes, ALL from the same article, Mori & the prosecutors ADMIT their system is barbaric, they take people into custody, ruin their lives totally & in the end only find people guilty beyond a reasonable doubt......yeah right!!

This system is unfit for a so called modern nation, it needs a serious re-invent, can you imagine how many innocent are locked up & how many guilty are walking around freely, what a mess!

15 ( +16 / -1 )

Prosecutors argue that the lengthy detention is required to prove guilt beyond doubt and they are unwilling to charge a suspect if their case is not iron-clad.

This proves that the Japanese justice system follows a “guilty until proven guilty” philosophy. Japan will effectively hold you as a prisoner until can justify holding you as a prisoner, however long that takes. This effectively makes the prosecutor also the jury, deciding what is believable. And for prosecutors to withhold evidence from the defense team means the prosecutors decide what’s right and wrong. There is no contest of interpretations. Unfair system to any person accused and highly prone to corruption.

15 ( +17 / -2 )

@HJSLLSToday 09:36 pm JST

Before we make too much of that part, I'll note that I've taken a look around to see how the Japanese media are reporting the statement. The other lines that are in quotation marks are recognizably in those reports. The part you quoted (not in quotation marks) is not. Did they actually SAY that this round, or did AFP just mush together some previous statements not regarding the present case?

In my experience, whenever it comes to things Japanese, AFP has a bad habit of making translations that are more damning than the real article (including this time). It has gotten to the point that I feel very obliged to search for the original Japanese every time AFP said a Japanese said something.

-5 ( +3 / -8 )

Now, Carlos can speak to the world. Surely, he cannot fly out of Japanese air-space without the help of fair Japanese, who thinks the world must know the truth. This is just the beginning of the story.Time will tell ALWAYS. Carlos will open the eyes of the world to Japanese laws regarding foreigners trying to help Japanese companies. The world is no more full of silence because we cannot read or write Japanese.God have eyes and in the long run, poor hearted and unkind Japanese, pray hard, very hard.

4 ( +5 / -1 )

Sorry, the escape is totally justified - the Forced Confession Justice system of Japan is notoriously rotten.

Perhaps the Trial should be held in Lebanon, or overseas. Japan should provide the Evidence of the Crimes he's reported as having committed, or simply drop the currently false aquisations.

12 ( +14 / -2 )

That's what grand juries or preliminary hearings are for

If you prefer to be arrested by a US sherif, do your crimes in the US... If you prefer the Shariah, you have choice of countries too.

In case you have a religious reason to refuse justice based on inquisitorial system, you should avoid the countries where it is adopted. So stay away from Japan and France. Don't apply to be CEO of Nissan-Renault.

1 ( +5 / -4 )

Japan has already lost the face once. If they don't want to lose their face twice, they better have to say that the file is closed and definitely over just to try to persuade Ghosn to cancel his press conference, which certainly will be very embarrassing to the whole Japanese side including the Moj, Nissan, the prosecutors, etc...

Japan, take this chance which is offered, the whole world will stop laughing at you.

-2 ( +3 / -5 )

Why didn't they put a GPS tracking ankle bracelet on him? Any tampering and alarms go off so a hunt could begin.

Does Japan not have a right to a speedy trial?

If they didn't already have proof of the allegations, why was he arrested? General suspicion?

8 ( +10 / -2 )

@Kazuaki

Although the article has the author’s interpretations, it is the prosecutors’ actions that tell all. The author simply reaffirmed what we have all been witnessing over the past year.

7 ( +9 / -2 )

Wrong. Being in custody and being out on bail are not the same thing.

Educator60 - I think that the distinction was that he was basically under house arrest and severely restricted in what he could do. While better than incarceration, it is not the true freedom that we normally mean by bail.

7 ( +9 / -2 )

This an end to a farce that showcased the negative side of Japan.

Wrongful accusations, biased and racist authorities, a show trial that recalled the worst case of communism.

Ghosn had no chance to defend itself, neither against official statements that aimed to assassinate Ghosn, and he was deprived of any means to defend himself (while Saikawa was gathering some supportive evidence in a wordlwide investigation to smear him).

Mockery of justice, shame on Japan...

6 ( +8 / -2 )

Prosecutors should never have that level of power that they can imprison a man indefinitely until he is forced to confess. In the US a trial must be held within 45 days or the accused set free. One also has the right to face his accuser in front of a jury of his peers. It is juvenile to make accusations to the public without letting the accused answer. This prosecutor should be fired for incompetence.

8 ( +9 / -1 )

Ghosn did offer to wear an ankle bracelet. Perhaps if he’d been allowed to, and permitted to see his wife, had a faster trial timeline etc, he’d still be in Japan.

9 ( +11 / -2 )

Japan clearly has no concept of irony when it made that statement calling Ghosn's escape 'unjustifiable'.

9 ( +11 / -2 )

In the US a trial must be held within 45 days or the accused set free.

That is partially true but not completely. Different states have different statues about this. Most don't have any specific times in law.

The defendant (or her legal team) CAN ask for a delay which effectively waives the 6th Amendment right to a speedy trial.

60 and 90 days is used in some states for "speedy."

However, some defendants have been held for over a year when they refused to cooperate with prosecutors to provide evidence against themselves. It gets sticky, since the right against self-incrimination is generally limited to defendant statements. Defendants refusing to unlock encrypted storage has been ruled both as protected and unprotected in different US jurisdictions.

5 ( +5 / -0 )

“Ghosn did offer to wear an ankle bracelet.”

Japan has no precedent for using gps ankle bracelets and they are not provided for by current law. I believe it’s high time they institute the use of them but requesting one at this point is disingenuous.

”the true freedom that we normally mean by bail.”

I would never consider being out on bail true freedom. There are usually various conditions depending on the case.

As for speedy trials in the US, I’m personally aware of one case in which the culprit spent six months in detention denying any involvement In what was a relatively minor and simple crime with plenty of evidence against him. The trial then commenced, he pled and was found guilty, and was released for time already spent.

Invalid CSRF

-1 ( +1 / -2 )

In the US a trial must be held within 45 days or the accused set free.

You've seen that on Faux News ? Sure for a shoplifter caught on the act, that can be quick. But in any country, financial /big corp cases take months or years. For non-resident foreigners, getting a bail is a challenge.

Take Frédéric Pierrucci, arrested as he arrived at JFK. He waited 16 months at Wyatt (not the part of Hyatt chain), then had to get so he could pay 1,5 million of caution (a decade of his income). The bail lasted one more year before his trial started.

3 ( +3 / -0 )

Hopefully future comments will address why he was held in detention for months, had no access to the Internet, could not meet his family, and couldn't even see details of the case being prepared against him!

exactly. With the way he was treated, and the way the Japanese system is, I'd say he's well justified in doing what he did.

5 ( +7 / -2 )

What’s unjustifiable is Japan’s “justice” system.

7 ( +9 / -2 )

The government turns a blind eye to horrible HOSTAGE (in)justice system which is why Ghosn HAD TO flee.

4 ( +6 / -2 )

They keep talking about him illegally departing Japan with the help of another country. I would like to hear from them about the hours it took for him to get from his home to the time he actually got on an airplane which is over 500km away from his home.

1 ( +3 / -2 )

One of the best results imaginable for the prosecution and government unwilling to take a good hard look at its own self. The perfect scapegoat narrative.

” Ghosn ran, Ghosn was bad, we were right all along. Game over”

Low resolution but beautifully simple.

Another chance lost to evolve, but hey those that don’t want to never will anyway.

8 ( +9 / -1 )

A bit of a hard one. The modern judicial system is supposed to presume innocence. On the other hand, even before modern judicial standards, any official that holds a citizen on criminal-law grounds in the belief he is innocent is CLEARLY abusing his authority.

Abusing his authority? Respecting human rights to be more precise.

It seems that technically, in Japanese, the prosecutors did not say crime. it says that "an act that can be consistent with a crime (犯罪に当たり得る行為).

Let's say its they do that because "an act that can be consistent with a crime", can you make comparisson with individual that already make an actual crime like Kansai Power bribery case or Japan Post Insurance fraud? What they've done about it? After all it's an actual crime right and people that involved already make confession in front of public. Why their treatment are different from what Ghosn receive?

6 ( +7 / -1 )

I have no doubt this will result in even more strict and unfair incarceration for any non-Japanese who find themselves on the wrong side of the law. I know of quite a few foreigners who have been unfairly incarcerated for long periods for somewhat minor offenses. A personal acquaintance of mine was incarcerated for nearly three months for defending himself on a train after he was set upon by two drunk Japanese. He was cleared of the charges due to security camera footage, but his lengthy incarceration resulted in losing his job and his visa sponsor and had to leave Japan. His lengthy incarceration came about because he was the only one arrested and the two Japanese denied attacking him. It took two months and nearly $20,000 to get the security camera footage into the court to prove his innocence. The police did not interview any witnesses at the time. They just dragged him away after the other two told them he started the fight. This was early last year just after JR had installed security cameras in the trains. If the cameras had not been installed he would have been charged with assault and spent a couple of years in a Japanese prison. It would seem that, in the eyes of the Japanese police and legal system, all foreigners are criminals and the Japanese do not commit crimes.

9 ( +11 / -2 )

Did you think the J government would actually show any kind of remorse though? They have to save face and blame Ghosn for everything because otherwise they'd have to admit liability and take responsibility for what they'd done...

Considering how other corporate scandals have gone they'll just pretend nothing bad has happened otherwise. They actually had plenty of evidence too, there wasn't a need to put the trial back so far. However, just as the evidence was in plain sight in Nissan's possession, so too is the evidence of how messed up Japanese society is

4 ( +6 / -2 )

Whatever all the other rights and wrongs, this feels like a really dumb thing for him to have done.

-3 ( +2 / -5 )

I would like to say that I do not understand this whole thing. While Ghosn was in Japan, I did not understand the basis for the charges against him. Now that he has fled Japan, I still do not understand the whole thing.

What was he supposed to have done while at Nissan that was so criminally liable? If it was so bad, why isn't anything made available to the public to understand the charges?

Can Japanese courts seek extradition from Lebanon? How much was the bail that he forfeited?

0 ( +2 / -2 )

A personal acquaintance of mine was incarcerated for nearly three months for defending himself on a train after he was set upon by two drunk Japanese. He was cleared of the charges due to security camera footage, but his lengthy incarceration resulted in losing his job and his visa sponsor and had to leave Japan. His lengthy incarceration came about because he was the only one arrested and the two Japanese denied attacking him. It took two months and nearly $20,000 to get the security camera footage into the court to prove his innocence. The police did not interview any witnesses at the time. They just dragged him away after the other two told them he started the fight.

This one of consequence of hostage justice system, since it cost nothing so they can choose to held a suspect they just hold people indefinitely. Even in your acquaintance's case, your acquaintance should be exonerated in no time just if they choose to see camera footage.

3 ( +3 / -0 )

So Japan, is there a justifiable escape?

This is the one Japan!

-1 ( +1 / -2 )

@sakurasukiToday 09:24 am JST

Abusing his authority? Respecting human rights to be more precise.

Did you read my statement correctly? I said that an official that holds (as in DETAIN) a citizen BELIEVING he is innocent. Do you consider that as "respecting human rights"?

Let's say its they do that because "an act that can be consistent with a crime", can you make comparisson with individual that already make an actual crime like Kansai Power bribery case or Japan Post Insurance fraud? What they've done about it? After all it's an actual crime right and people that involved already make confession in front of public. Why their treatment are different from what Ghosn receive?

First, there is no doubt that escaping meets the Tabestand of an offence. Thus that formulation is correct.

In the Japan Post Insurance "fraud" case, first, again, the whole point of Active Repentance. They have agreed to "refund customers for the double payments and restructure the customers’contracts to cover the period of time when they were rendered uninsured".

It seems Westerners unfamiliar with the concept seem to have a hatred of this concept, but consider the alternate. First, no matter how the criminal case turns out, the victims won't see a penny, because even fines go to the State in a criminal case.

Second, once the word gets out that Active Repentance does not pay, companies will go into full defense mode when a problem happens, which will make them very hard to prosecute.

Third, there is a lack of manifest illegality, because as their initial defense points out, correctly, customers have consented to the arrangement, and the default position of civil law is to accept such arrangements, even if they may be superficially disadvantageous. Depending on the exact wording in those conversations, there may be fraud, sure, but good luck proving that to beyond a reasonable doubt.

Fourth is the problem of reliance even if the acts were eventually found to be illegal. Most of the salespeople involved relied on their superior's interpretation of the law, which is not manifestly wrong. That reaches all the way to the senior levels, who may well have relied on legal advice. While the formal position of the law is Ignorance of the Law is No Excuse, there are always fairness and exigibility problems in cases where there is no manifest illegality and reliance is involved. There are clear problems of order and the legitimate rights of organizations if a superior's interpretation cannot be relied on and exigibility problems to insist that subordinates risk their career prospects on their guess that the instructions are illegal.

Overall to say that the public interest is in a kiso yuyo is appropriate.

-2 ( +1 / -3 )

It seems Westerners unfamiliar with the concept seem to have a hatred of this concept, but consider the alternate. First, no matter how the criminal case turns out, the victims won't see a penny, because even fines go to the State in a criminal case.

So who being brought to justice? No one and then case closed.

Overall to say that the public interest is in a kiso yuyo is appropriate.

Discretion of law enforcement can be wide in Japan, that's why like other comments in here someone can be detained for months even when they have hard evidence like camera footage.

0 ( +1 / -1 )

"Our country's criminal justice system sets out appropriate procedures to clarify the truth of cases and is administered appropriately, while guaranteeing basic individual human rights.

Prosecutors argue that the lengthy detention is required to prove guilt beyond doubt and they are unwilling to charge a suspect if their case is not iron-clad.

Don't recall to many Japanese Executives getting any detention regardless of how they have behaved - Kobe Steel Executives fiddled the books for 40 yrs and not one got a jail sentence, the company got fined there was a deep bow and the rort went on.

6 ( +6 / -0 )

instead of idiotic empty post statements, revamp your detention and prosecution tactics.

if you could properly investigate and establish real case during the investigation ( which should have been a walk in the park if he was really guilty ) you tried to prevent him going on bail under ( might interfere with evidence claim... how is it possible if you already gathered required evidence...? .. maybe trying actually doing your job ? ) ,then you wouldn't need to impose weird restrictions on contact and so on, and maybe he would not need to flee ... .

Your prosecutors are mostly incapable chair warriors with tactics such as let him sit alone till he remorse... ?

anyone in his position would flee if capable regardless of guilt.

4 ( +6 / -2 )

He was ambushed at the airport detained on a secret report that obviously contained no evidence, has to continue to be detained until actual evidence is discovered refused to give a confession ( huge spanner in the works for prosecutors) who could not find criminal conduct, court case pushed back to 2021, to find the evidence they couldn't find in the last year, or continue the pressure for a confession. Then if it had gone to court a 99.9% conviction rate does not bode well for anyone. There might be no proven case but you are there and a sentence must be given. It's the Japanese way.

0 ( +3 / -3 )

Can Japanese courts seek extradition from Lebanon? How much was the bail that he forfeited?

Google is your friend there

0 ( +1 / -1 )

RyderToday 01:32 am JST

Prosecutors should never have that level of power that they can imprison a man indefinitely

They should not and they do not. It is a judge who has the power to detain a pre-trial suspect in Japan. Prosecutors do not have any power to detain a suspect even a day.

This case will give the judges a second thought whenever a foreigner is brought before them for consideration for a bail.

-1 ( +2 / -3 )

unjustifiable? I don't think that means what you think it means

3 ( +3 / -0 )

Japanese prosecutors are happy because all the assets Ghosn left in Japan are now frozen and will be forfeited. This is a punishment heavier than a few years in jail they expected.

He is now a chip in international politics. Any nation can "voluntarily" extradite him to Japan upon entry. The US has a formal extradition treaty with Japan, so he cannot enter the US for the rest of his life. The Lebanese government may someday change their mind.

So, corrupt in Lebanon in fear.

-5 ( +1 / -6 )

Can't blame Ghosn for making this decision!

After months and months of waiting and even more to go .......

1 ( +4 / -3 )

yeah I agree with CH3CHO. Fugitive status is short term; it will get him in the long run, as all eyes will be on him.

He should of requested for asylum somewhere, harder to extradite under those conditions, or took a deal

maybe after a movie deal, he will come back to japan, face some justice. I cant understand his moves at all, but after whats he has been through, maybe he went nuts. Japan can do that to people. He has no Japanese wife and cannot speak Japanese, so I expect that he does not really understand what he is dealing with.

-1 ( +0 / -1 )

DisillusionedToday 09:52 am JST

A personal acquaintance of mine was incarcerated for nearly three months for defending himself on a train after he was set upon by two drunk Japanese. He was cleared of the charges due to security camera footage, but his lengthy incarceration resulted in losing his job and his visa sponsor and had to leave Japan. His lengthy incarceration came about because he was the only one arrested and the two Japanese denied attacking him. It took two months and nearly $20,000 to get the security camera footage into the court to prove his innocence. The police did not interview any witnesses at the time. They just dragged him away after the other two told them he started the fight.

Oh god, the "my friend" whine, made by someone without even BASIC knowledge of substantive criminal law.

This is what happened: Your acquaintance was spotted having a fight with two people. At that point, all three have completed the defining elements for Assault (intentional unpleasant bodily contact), and were caught flagrante delicto in the act. Criminality is presumed if elements are proven or not contested. Culpability is presumed.

All three people filed the same basic claim - Justifiable Defense under Article 35 of the Penal Code. In doing so, that the definition for Assault was met is nolo contendere. The only difference is that because your friend fought two people. There was no particular reason at the time to believe those two people were less credible than your friend. In short, the other two (through each other) have met the evidentiary burden to claim Justifiable Defence. Your friend had only his claim, which manifestly does not meet even the lowest burden. That he was a foreigner had nothing to do with it, unless you seriously wish to contend that one foreigner's words be given priority over two Japanese.

By the way, before some grandiose wish about the way it is in the US is claimed, in the US, self defence is also an affirmative defense which has to be proven by the Defendant.

Because Criminality is presumed, the police already HAVE sufficient facts to prove your friend guilty of assault. If it goes to court, they'll have themselves and two others at witnesses. There was no justification to inconvenience any member of the general public by forcing them to spend hours taking witness statements.

Eventually, one way or another, the security footage was obtained and your friend met his evidentiary burden. It would also be great evidence to rebutt the two's testimony, but presumably no one thought it was worth chasing after a relatively minor case three months after the fact - even IDing people from low resolution CCTV footage can be a real challenge.

-1 ( +1 / -2 )

sakurasukiToday 01:37 pm JST

So who being brought to justice? No one and then case closed.

Is your conception of justice limited to people being thrown into prison? If not, the damage would be reversed and people resigning to take responsibility. There was justice.

-2 ( +1 / -3 )

What called unjustified ???.Keeping a man without allowing him his human rights is justified ???.Japan is still in world war 2 stage. No wonder, people only look to japan for money only because the poor low level japanese cannot tell the difference.

3 ( +4 / -1 )

How did he pass facial recognition software and fingerprinting, which I underwent in Tokyo....both airports on exiting and entering? That does not make sense to me!!! I even had to remove my shoes....Nike’s which were a real pain in the butt! They were tight and one size too small! I had to sit on a bench to get them back on! How was anybody else allowed to forfeit this humiliation????

-1 ( +1 / -2 )

How did he pass facial recognition software and fingerprinting, which I underwent in Tokyo.

Obviously he didn't pass thru customs - too busy hiding inside luggage

0 ( +0 / -0 )

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