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Japan to strengthen border checks, review bail conditions after Ghosn's escape

64 Comments
By YURI KAGEYAMA

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What they should do is stop being disgusting people and review their corrupted justice systems which has leaved unpunished many Japanese politicians and executives involved in various crimes because of their direct connections with the government which itself dictates what the so called justice does or not.

25 ( +32 / -7 )

arrests are rarer in Japan than in other countries

This is playing with words, in Japan you can be detained without being arrested for 21 days while the police interrogate you and contact everyone you know telling them you have been detained.

23 ( +29 / -6 )

Keeping people locked up for years is not civilized-Japan does it!

Arrested and rearrested !

To what purpose but to cause mental anguish.

Ghosn’s conditions whilst incarcerated included lack of heating, no hot water and incessant questioning.

Why?

He lost several kilos under those conditions.

And his crime was setting up future payments to himself?

Since when should we allow state torture to become the norm?

27 ( +32 / -5 )

They are compelled to deal with foreigners because they need us , otherwise the mentality is the same today as it was when commodore Perry docked his " black" ships, confrontational, albeit sometimes covertly. It's always the " us" vs " them " thing here and woe unto a foreigner who dares cross their paths!

Ghosn's gone away. Most of us know he wouldn't get justice, especially that, even from beginning one could see the mis-handlement of his person and family. I'd ask Japan to look in the mirror.

28 ( +33 / -5 )

He said in an online statement he feared Japan wouldn't be able to bear the overwhelming international criticism of its legal system, which Ghosn will likely continue in Lebanon, and instead grow even more insular and rigid in its views.

Unfortunately, I fear this will be the case. The problem Japan has is that it is now doing more than the Meiji-era principle of only adopting foreign ideas and is now inviting the people that come with it. I don't think Japanese people really understand that once people are here you can't just deport them at will, especially if they haven't done anything wrong, though judging by the failure of the current recruitment programs they may not even be able to get anywhere near what is needed. There is a refusal on the part of the government to openly acknowledge the facts and politicians prefer to just carry on as if nothing is wrong which has only resulted in a huge public debt and population decline resulting from gross mismanagement of society. The means they cannot fulfill people's needs and prevents the country from properly dealing with challenges.

The failure to reform corporate management has led to companies once the envy of the world toppling over from their own hubris or just generally become a drag on the rest of society. Ghosn's case is a symptom of this, but actually made visible for once in a rather pathetic attempt at racist example-making. Japan might well decide to turn inward, and the rest of the world may well not care anymore. Japan Inc. might well have just decided to board the Titanic (or the Japanic?)

20 ( +23 / -3 )

arrests are rarer in Japan than in other countries, suggesting arrests are made only when the authorities are fairly confident they have a case

Not necessarily, they can choose which one need to follow up, some they will just ignore like Kobe Steel, Toshiba, Olympus etc.

21 ( +24 / -3 )

I sense things will not go well after this for Non-Japanese who are even just accused on this archipelago.

18 ( +18 / -0 )

This court case has wider implications than first thought, the whole world is watching this case and the saga that's now unfolding, I wonder what sort of ramifications this is having on trade deals with X country and Japan. Are, or will foreign investors think twice about wanting to open up or expand they're business in Japan, especially the way they ( the Japanese judicial system ) have treated Mr CG.

9 ( +13 / -4 )

"Japan's justice system allows investigating the facts while it ensures the individual basic human rights at the same time," Mori told reporters at the ministry. "It is set with appropriate procedures and it is operated appropriately."

Is this women totally stupid? Here is how Ghost was treated:

Put in jail for three months without any valid charge. Interrogated constantly and at any time without the presence of a lawyer. Isolated during his jail time to pressure his mental and force him to admit to the accusations that they fabricated. Accused without giving him any possibility to explain his version to the media. However the prosecutors with the complicity of the Japanese media has constantly thrown out brick of vague accusations in order to raise the public opinion against him and therefore fabricate a false accusation. Forced to sleep with the light constantly switched on. Forced to sleep turned towards one side. Little time allowed outside of his jail. Again this was done for a man who was not accused of anything yet. Therefore still innocent. Treated as a criminal with general harsh conditions. Not given any right to defend himself. Forced to admit with dirty tactics notably by threatening him that his wife will be also charged if he doesn't. Not allowed to see his wife. Forced to endure unnecessary long procedure again in order to pressure him to admit since this forces him to continue to be restrained even longer. Publicly humiliated.

How is this respecting human rights? How is this appropriate? At this point anyone trying to defend Japan is a moron.

17 ( +22 / -5 )

"Simple comparisons are misleading," she said.

no they are not! You can complicate things as much as you want but a simple comparison tells all. It's black that's white, you have a purplish, pinkish, reddish hew with a touch of yellow mixed with a greenish hew. Call the fire brigade someone's pants are on fire, oh I'm sorry it's their day off. And they are looking the other way. Normal day for the MOJ.

11 ( +17 / -6 )

arrests are rarer in Japan than in other countries

This is playing with words, in Japan you can be detained without being arrested for 21 days while the police interrogate you and contact everyone you know telling them you have been detained.

I don't want what I say to be taken as a defence of the hostage justice system because the criticisms of it are totally valid, but its also not fair to dismiss her comment as mere word play, the facts do support it.

First, in order to be detained for those 23 days the police must have arrested you. So there isn't a real distinction between being "detained" and being "arrested" in that context. The police have to refer you to a prosecutor once they take you into custody and cannot detain you for that period without court approval (which is basically a rubber stamp in most cases).

Also, there actually are a lot fewer arrests and convictions in Japan than in other countries. Both the police and prosecutors have a lot of discretion to drop cases early on in investigations and they exercise this quite frequently. This helps explain the 99.8% conviction rate too - it only covers cases that have gone to trial and prosecutors drop a much much larger proportion of cases before trial than their counterparts in the US do. Basically they only bring to trial those cases which they are nearly 100% confident they will win in, while prosecutors in other countries bring a lot more borderline cases to trial.

This is reflected in the relative prison population of Japan compared to other countries - its extremely low (especially compared to the US, but also to many European countries).

The real weakness in the system is the over reliance on confessions and the power that police have over detainees during which they can conduct interrogations without lawyers present. This leads to wrongful convictions, but not to the type of over imprisonment of the population that you see in the US where in some states 15% of the adult population has a felony record (Georgia!).

4 ( +11 / -7 )

Yeah sure it will. Anytime any government related body says they’ll review something it usually means they’ll do nothing at all.

6 ( +10 / -4 )

Ghosn is gone.

6 ( +7 / -1 )

review bail conditions 

Ghosn had to almost give up organs in order to get bail. Multiple times. They kept denying bail and when they gave him bail, they rearrested him twice. Then he couldn't speak to his family or do anything without a full on escort.

They want to make bail conditions tougher?

10 ( +14 / -4 )

JJ JetplaneToday  06:04 pm JST

They want to make bail conditions tougher?

It means to categorically disallow bail if the suspect is a foreigner.

6 ( +9 / -3 )

>  Basically they only bring to trial those cases which they are nearly 100% confident they will win in, while prosecutors in other countries bring a lot more borderline cases to trial.

BS! I hear a lot of this excuse. They are confident because they most of the time get confessions beforehand precisely by arbitrary putting people into jail without any right for defense.

4 ( +10 / -6 )

@daito_hak, I do not consider myself a moron, nor am I attempting to defend Japan, but there are some portions of your post which cannot be left to pass without comment:

Put in jail for three months without any valid charge.

He was first charged on 10th December 2018, which was 21 days after being arrested on 19th November. After that, he was held under various pretenses, but it cannot be said that it was without any charge.

Accused without giving him any possibility to explain his version to the media.

Why does someone need to be given access to the media? A public figure might want to talk to the media to try and protect their public image, but it is irrelevant to the judicial process.

However the prosecutors with the complicity of the Japanese media has constantly thrown out brick of vague accusations in order to raise the public opinion against him and therefore fabricate a false accusation.

The media coverage of Ghosn's case has not been constantly against him. At some points reporting leaned in his favour, for example when similar accusations against Saikawa came to light.

Again this was done for a man who was not accused of anything yet. Therefore still innocent.

He was accused of offences at that time. The presumption of innocence applies exactly because he was accused of committing crimes.

Not given any right to defend himself.

He has that right, in the courtroom. He has instead left the country before the time came to exercise the right.

-3 ( +8 / -11 )

@rainyday 'First, in order to be detained for those 23 days the police must have arrested you.'

INCORRECT police can detain you for 23 days and with extensions even longer WITHOUT CHARGES.

8 ( +9 / -1 )

First, in order to be detained for those 23 days the police must have arrested you. So there isn't a real distinction between being "detained" and being "arrested" in that context.

@rainyday: please google, you can be held for 23 days without any changes against you. Key word below "suspected"

Under Japanese law, persons suspected of a crime can be detained for 23 days without charge. The length of detention, up to the maximum period, is at the discretion of the public prosecutor and subject to the approval of local courts. For more information on the Japanese legal system please visit the Japan Federation of Bar Association's website.

https://japan.embassy.gov.au/tkyo/arrests.html

14 ( +14 / -0 )

macvToday  06:41 pm JST

INCORRECT police can detain you for 23 days and with extensions even longer WITHOUT CHARGES.

False.

Police cannot arrest a person without a warrant issued by a judge, except the crime is being committed in front of their eyes, in which case they have to intervene the crime anyway. To receive an arrest warrant, the police must show probable cause to a judge. The arrest warrant or exceptional arrest without a warrant is valid for 72 hours. Then, the judge may issue a detention warrant which is valid for 10 days. Then, the judge may issue an extension detention warrant which is valid for another 10 days. The three warrants add up to 23 days. So, it is not the police but a judge that can detain a suspect for 23 days.

You must also clarify the legal definition of "charge". I think showing probable cause to a judge before an arrest is charging. The charge is explained to the suspect when he is arrested. If you limit its meaning to formally indicting a person in a criminal court, yes, the prosecutors may indict the suspect after 23 day of the arrest.

-3 ( +5 / -8 )

gogogoToday 06:55 pm JST

Wait wait wait, before we get any further, we need to unify our understanding of the word "charge". In your quoted example, "charge" has been deemed equivalent to indictment (公訴), but it can also mean a citation or even a traffic ticket (read, something the police themselves can throw).

https://en.wikipedia.org/wiki/Criminal_charge

2 ( +4 / -2 )

An addendum:

https://www.expertlaw.com/library/criminal/criminal_charges.html

Although it is not always possible, sometimes a criminal defense lawyer will be able to convince a prosecutor to charge a less serious offense, to send the complaint back to the police for more investigation, or even to refuse to authorize a warrant.

Once a warrant is issued, except perhaps in the context of a plea bargain, it is very difficult to get a prosecutor's office to amend to a lesser charge.

Ergo, in this lawyer's opinion, "Charge" can mean an arrest warrant, which is a much earlier stage than an indictment.

1 ( +2 / -1 )

you can be held for 23 days without any changes against you. Key word below "suspected"

I would add..........Imagine what happens when you are absent from your job, school etc. during the 23 days. Most likely, the company will fire you either for not showing up to work or think you must have done something wrong (as Nissan and others do). You are punished even though you have not been arrested.

The quick way out of course is to sign the confession, but this is where Japanese society and court clash with the accepted norms of the international community. Many Japanese feel it is OK to lie in this situation if it solves the problem and maintains "harmony". However the international community is taught to always tell the truth and lying is wrong.

It is time to ask society in Japan, if it is OK or not to tell a lie?

13 ( +14 / -1 )

rainyday 'First, in order to be detained for those 23 days the police must have arrested you.'

INCORRECT police can detain you for 23 days and with extensions even longer WITHOUT CHARGES.

What I said is correct. They can detain you for that long without an indictment, not without an arrest. In order to keep you longer than 23 days they have to re-arrest you on a different charge.

3 ( +5 / -2 )

Japan forgot that all people are human beings , not only japanese or a name behind a name card of a company. Human rights do exist. The only difference is the world is going to know, abt the negative japanese system soon, Very soon.Carlos will speak up and thats what all these excuses are abt as always.

9 ( +11 / -2 )

TARA TAN KITAOKAToday  08:03 pm JST

the world is going to know, abt the negative japanese system soon,

I wonder how many people here knows how exactly Japanese criminal justice system works. The comments here makes me think it is very few.

gogogoToday  06:55 pm JST

Under Japanese law, persons suspected of a crime can be detained for 23 days without charge. The length of detention, up to the maximum period, is at the discretion of the public prosecutor and subject to the approval of local courts.

Very good quote. But the following would be more accurate.

*Under Japanese law, persons suspected of a crime can be detained for 23 days before indictment. The length of detention, up to the maximum period, is subject to the approval of local courts.*

4 ( +5 / -1 )

Accused without giving him any possibility to explain his version to the media.

Why does someone need to be given access to the media? A public figure might want to talk to the media to try and protect their public image, but it is irrelevant to the judicial process.

Agree with daito_hak here. It's not a matter of whether he needs to be given access to the media, it's a matter of basic human rights and his right to freedom of speech.

In a tweet in April Ghosn announced that he planned to hold a press conference and “tell the truth about what’s happening”. But just a day after the tweet the authorities effectively gagged him by re-arresting him. Arresting a suspect who has been released on bail is extremely uncommon. In Ghosn's case he was being treated unjustly, and he felt that talking to the media was one of his few chances to help level the playing field. So access to the media could have been very relevant to the judicial process to help get a fairer and more balanced trial, especially with the strong interest in the case.

5 ( +8 / -3 )

The only difference is the world is going to know, about the negative Japanese system soon,

There is a warning now about the 23 day+ holding risk on the Canadian Government Travel and Advisory section warning travellers this risk in traveling to Japan.

https://travel.gc.ca/destinations/japan -- see Laws & Culture.

11 ( +11 / -0 )

Most crimes are “unjustifiable.” Who was checking the CEO when he was “under-reporting” his salary?

6 ( +6 / -0 )

It is time to ask society in Japan, if it is OK or not to tell a lie?

I am very positive Japanese will answer in the affirmative. The list is long for situations where it’s okay to lie. To avoid hurting someone’s feelings is a common answer and one that covers a quite a lot.

Hurting someone’s feelings is worse in their minds than not telling the truth.

7 ( +8 / -1 )

A huge global backlash is building up about how Ghost was handled:

"The abrupt arrest and indefinite detention of Carlos Ghosn in Japan have brought to mind unflattering parallels with Joseph Stalin’s Soviet Union. "

Source: https://amp.ft.com/content/8062d11c-22f4-11e9-8ce6-5db4543da632

...

"Former Renault-Nissan boss Carlos Ghosn was justified in fleeing Japan while under house arrest for alleged accounting fraud, according to a British businessman who helped uncover a financial scandal at Olympus, a Japanese technology firm."

Source: https://www.thetimes.co.uk/article/carlos-ghosn-was-right-to-flee-japan-says-british-boss-michael-woodford-bgvkptprn

...

Woodford speaks on the BBC about it.

Source: https://www.bbc.co.uk/programmes/w172wmx86zl9zfq

8 ( +8 / -0 )

Now Carlos is free Im looking forward to see his press conference on the 8th I doubt it will get much air time here in Japan though.

7 ( +10 / -3 )

"His escape was an inexcusable crime, but... etttoooo... whose fault was it? ettttoooo Well, not ours, but we are going to look at improving security. Why does it need improving if it's not our fault? Ettttooooo... Did he escape in a box? Etttoooo IT WAS A CRIME! Inexcusable, and very regrettable! Well... sure, the camera footage only has to be handed in once a month, but on every day between it is filmed 24-hours a day, for the whole month with no break. We may from now on ask police to check it once every 28 days, which we realize will make it the same for February as once a month, but may we remind you this year February has 29 days!"

In short, these people are going to review their methods and "strengthen" security, but heck no, not their fault at all. Everyone else's fault. I still can't stop laughing and this, and I've had a couple of friends ask me how lax security is here after hearing that they guy just walked out his front door and flew off at Japan's second biggest international airport.

7 ( +7 / -0 )

Segata SanshiroToday 09:09 pm JST

The abrupt arrest

Interesting. Which country in the world informs criminals when the police is going to arrest them, so that it would not be abrupt.

Former Renault-Nissan boss Carlos Ghosn was justified in fleeing Japan while under house arrest for alleged accounting fraud

Is it common in the UK to call someone on bail "under house arrest"? In addition, he was free to leave his house.

Money makes the mare go. How much did he spend on PR or bribing the press?

-2 ( +2 / -4 )

Smithinjapan,

So if I find a way to break into your house and steal your possessions it will be your fault and you should be ridiculed for that and I’ll be justified in breaking the law because you provided the opportunity?

Invalid CSRF

-4 ( +1 / -5 )

Poor Japanese Justice Minister, she did not understand yet the true reason why Ghosn has fleed the country. Is there anyone in her surrounding able to give her some explanations ?

4 ( +6 / -2 )

CH3CHO 

Is it common in the UK to call someone on bail "under house arrest"? In addition, he was free to leave his house.

No that isn't correct. It's been some years since I lived there but bail and house arrest are two different matters. Basically bail is given if the crime is not too serious or the suspect is not a flight risk. No money is paid up front if indeed money is involved at all.

House arrest is not used.

The Prevention of Terrorism Act 2005 (repealed 2011) provided that suspected terrorists could be detained under house arrest without trial.[20] This was repealed on the grounds that it was a breach of the Human Rights Act 1998.

There can be no restrictions on bail conditions or the court might impose them. Like being at home by a certain time and not allowed to leave over night. Restricted from certain areas. Not allowed to contact certain people. More use of the electronic ankle bracelet to monitor movement.

It's not the UK because there are separate court systems for Scotland.

8 ( +8 / -0 )

Japan's Judicial System is unjust. You are Guilty until proven innocent, you will understand that, if you have ever been questioned by the Police!

6 ( +7 / -1 )

He was accused of offences at that time. The presumption of innocence applies exactly because he was accused of committing crimes.

exactly Ghosn case he was accused, doesn't make him guilty until a judge or jury rule him so, Saigawa was accused of accepting illegal payments but can somebody explain to me why hes wasn't put into detention also

3 ( +5 / -2 )

Face it Japan, it's like the old song says. Don't it always seem to go that you don't know what you got 'till it Ghosn.

3 ( +5 / -2 )

Educator: "So if I find a way to break into your house and steal your possessions it will be your fault and you should be ridiculed for that and I’ll be justified in breaking the law because you provided the opportunity?"

No. If I catch you, and put you under arrest, then let you walk out the door, it is my fault for not securing you well enough in the first place -- not my fault you broke in, bud. You want to talk about invalid, look at your reply. I never said he didn't break the law -- where did I say that? I said it was Japan's fault he escaped. I know it is embarrassing to a lot of you guys who defend the nation tooth and nail over anything, and this is a HUGE embarrassment for Japan overseas in particular, as evidenced by this woman's excuse making, but you can't deflect like that and expect to be taken seriously, any more than this woman refusing to say whose fault it is he got away (but saying they will strengthen security) and instead pointing out how Ghosn is to blame for everything.

And you also forget to address the fact that those complicit in Ghosn's actions now hold the reigns of power at Nissan, since you talk about being justified in breaking the law and all that.

Nice try, bud, but epic fail.

4 ( +6 / -2 )

Osaka_Doug: "There is a warning now about the 23 day+ holding risk on the Canadian Government Travel and Advisory section warning travellers this risk in traveling to Japan. 

https://travel.gc.ca/destinations/japan -- see Laws & Culture."

Thanks for the link. Not surprised. I think this should be shown to all people planning on coming to the Olympics, just as a precaution. Especially since it's now quite clear Japan's airport security is among the least effective in the world

4 ( +6 / -2 )

CH3CHO: "I wonder how many people here knows how exactly Japanese criminal justice system works. The comments here makes me think it is very few."

Actually, that's the mirror you're looking at. We know better than most Japanese, since many have to read about the laws before entering. Heck, in a survey conducted several years ago it was revealed that more than 70% of police officers didn't know the basics of bicycle laws save the obvious three or four, like having a lamp on your bike at night.

"Very good quote. But the following would be more accurate."

Only when you admit the forced confessions. So, well done.

3 ( +5 / -2 )

@smithinjapanToday 11:10 pm JST

No. If I catch you, and put you under arrest, then let you walk out the door, it is my fault for not securing you well enough in the first place -- not my fault you broke in, bud.

Well, here's the situation. What YOU (analogical to the Japanese executive) really wanted to do was tie ME up until there is no chance of escape. I made a whiny dance of "I'll be good! I promise" while thinking "Smith you #$#!$#!" It's pretty obvious what I really was thinking, but nevertheless YOU were ordered to pretend I will keep my promise and let me go. I escape.

I'll say the fault here lies first with Me, and this position is backed by criminal law which penalizes the escaper, not the jailer. The secondary responsibility lies with whoever issued that order. Frankly, considering what I happened I will be very understanding if the responsible judge's career was finished over this.

-4 ( +1 / -5 )

wtfjapanJan. 6 10:29 pm JST

exactly Ghosn case he was accused, doesn't make him guilty until a judge or jury rule him so, Saigawa was accused of accepting illegal payments but can somebody explain to me why hes wasn't put into detention also

First, the internal investigation concludes a lack of intention, and in the lack of better information we must assume that that's what any prosecutorial investigation would find. Second, Saikawa at least demonstrated some active repentance. Third, Ghosn had already been the target of a criminal complaint, which means a clear, declared victim, not the same as Saikawa. Any of these are perfectly legitimate reasons why Ghosn gets fried.

To take a simple analogy, suppose a cop walks by a very rowdy house. He suspects there is some kind of fight going on. But he may well choose to ignore it to respect the autonomy of the family. Now, someone comes running out of the house to tell the police there's a fight going on and requests intervention. Now he's a lot more obliged to take action. There are two more combatants in the house. One of them quickly accepts at least partial responsibility, apologizes, swears they would never do it again. The other is all unrepentant. Why are you surprised that the last guy got hit on the hardest?

-3 ( +1 / -4 )

Mori said each nation has its own judicial system and arrests are rarer in Japan than in other countries, suggesting arrests are made only when the authorities are fairly confident they have a case.

That is what one would call 'spin'. The truth is the Japanese injustice system is as corrupt as they come. They Japanese government just puts a pretty face and dresses the windows to make it appear to be just but they fail miserably and this latest example demonstrates it quite clearly. Japan continues to defend a BROKEN justice system. How much lower do you need to go Japan to hit rock bottom? I would have figured you manged it this time. Just stop with the crap, lies and make believe and reform your broken system. You're an embarrassment to your very people and the world is watching. Grow up!

3 ( +4 / -1 )

Smithinjapan, “No. If I catch you, and put you under arrest, then let you walk out the door, it is my fault for not securing you well enough in the first place -- not my fault you broke in, bud.”

So I guess you think Ghosn should never have been granted release on bail as that would have been the most secure way to ensure he couldn’t flee. But then you’d be whining about the draconian system that’s wont even allow him to be released on bail.....

”I said it was Japan's fault he escaped.”

I guess taking personal responsibility is a concept lost on you.

“I know it is embarrassing to a lot of you guys who defend the nation tooth and nail over anything”

Don’t include me in that group, it doesn’t apply.

“Nice try, bud, but epic fail.”

You, boy, are entitled to your opinion, regardless of how off kilter it might be.

Invalid CSRF

-2 ( +1 / -3 )

Ghosn took the train to Kansai, from Tokyo

0 ( +0 / -0 )

Japan's justice system allows investigating the facts while it ensures the individual basic human rights at the same time," Mori told reporters

Buahahaha! Keep telling yourself lies to the point one day you believe those lies to be the truth.

1 ( +2 / -1 )

"We are aware of the criticisms," Mori said, referring to human rights advocates' descriptions of Japan's legal system as "hostage justice."

Mori said each nation has its own judicial system and arrests are rarer in Japan than in other countries, suggesting arrests are made only when the authorities are fairly confident they have a case.

"Simple comparisons are misleading," she said.

Pudding is soft, and a brick is hard. Was my simple comparison misleading? She didn't say "sometimes" or "usually." Her statement was absolute (absolute BS). Just a throw-away line used as an evasion. Same as the "Sorry if the meaning was misunderstood in the translation." Or, "This is Japan. You wouldn't understand." That kind of hog-wash.

1 ( +3 / -2 )

Ghosen gets a thumbs up from me. He defied Japan's stringent system and now is untouchable in Lebanon.

3 ( +6 / -3 )

He defied Japan's stringent system and now is untouchable in Lebanon.

Nobody is untouchable.

-1 ( +3 / -4 )

Ghosn escaped on a Shinkansen to Osaka then stayed at a hotel near the Kansai International Airport before leaving on a private jet.

3 ( +3 / -0 )

@CH3CHO: Please don't spread wrong information and change official quotes by the Japanese government... You can be held without charges / arrested / indicted (or anything else meaning formal charge in any translation) for 23 days on suspicion alone. If the police "think" you have something to do with a crime they can hold you for 23 days and try to find out if you really are involved.

Most overseas media outlets don't understand Japanese law and just assume when police "detain" someone they have been arrested (because that is how the rest of the world works)... so bad translations always happen.

References (one even from Japan Today!)

The most worrying aspect of criminal justice in Japan is its detention system (suspects can be held for up to 23 days without being charged) and its bias against non-Japanese detainees.

https://japantoday.com/category/features/lifestyle/What-to-do-if-you-are-stopped-by-the-police-in-Japan

Suspects, therefore, may be detained for a total of 23 days in absence of a formal charge against them

https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1094&context=psilr

Under Japanese law, prosecutors can detain a suspect for up to 23 days without charge and can repeatedly extend this detention by filing new accusations.

https://www.france24.com/en/20181207-japan-justice-99-system-carlos-ghosn-arrest-nissan-kelly

which in sum allows 23 days of detention before charges must be brought, adequately protects suspects' rights.

https://en.wikipedia.org/wiki/Daiy%C5%8D_kangoku

-1 ( +0 / -1 )

@gogogoToday 08:47 am JST

This is categorically incorrect. If you want "charge" to equal to indictment, then the above statements are correct. I WILL note however that America doesn't even use ANY "indictment" for misdemeanors, so if you want to use that mapping you will have to concede that American CONVICTS people without ever "charging" them.

If the police "think" you have something to do with a crime they can hold you for 23 days and try to find out if you really are involved.

If the police think you have something to with a crime but don't catch you flagrante delicto, they apply for an arrest warrant (逮捕状) from a judge. Then they nab him.

-2 ( +0 / -2 )

zichiJan. 6  10:10 pm JST

It's been some years since I lived there but bail and house arrest are two different matters. 

Thanks, zichi. I was just wondering why the Times used "under house arrest" for Ghosn.

0 ( +0 / -0 )

@Kazuaki Shimazaki: We'll have to agree to disagree, please check the links I posted and even a post from this website say otherwise.

-1 ( +0 / -1 )

gogogoToday  08:47 am JST

@CH3CHO: Please don't spread wrong information and change official quotes by the Japanese government... You can be held without charges / arrested / indicted (or anything else meaning formal charge in any translation) for 23 days on suspicion alone. If the police "think" you have something to do with a crime they can hold you for 23 days and try to find out if you really are involved.

Simply false. It is you who is "spreading wrong information".

Readers, know your rights. If a policeman tries to arrest you in Japan, tell him to show the warrant issued by a judge with allegations written on it. That will protect you, unless you want to voluntarily surrender yourself believing GoGoGo.

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To be clear

Under Japanese law, persons suspected of a crime can be detained for 23 days without charge. The length of detention, up to the maximum period, is at the discretion of the public prosecutor and subject to the approval of local courts.

Thanks, zichi. I was just wondering why the Times used "under house arrest" for Ghosn.

I think probably because he was given bail but with restrictions.

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zichi, if you bother, read article 200 of Code of Criminal Procedure of Japan.

http://www.japaneselawtranslation.go.jp/

Article 200 (1) Arrest warrants must contain the name and residence of the suspect, the charged offense, an outline of the alleged facts of the crime, the public office or other place where the suspect is to be brought, the period of validity and a statement that after expiry of the period of validity the arrest warrant may not be executed but must be returned, the date of issue, and other particulars as prescribed in the Rules of Court; and the judge must affix their name and seal to it.

The confusion comes from the double meaning of the word "charge". It may mean indictment as well as formal allegation.

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CH3CHO

Police have to secure warrants to search for or seize evidence. A warrant is also necessary for an arrest, although if the crime is very serious or if the perpetrator is likely to flee, it can be obtained immediately after arrest. Within forty-eight hours after placing a suspect under detention, the police have to present their case before a prosecutor, who is then required to apprise the accused of the charges and of the right to counsel.

Within another twenty-four hours, the prosecutor has to go before a judge and present a case to obtain a detention order. Suspects can be held for ten days (extensions are granted in almost all cases when requested), pending an investigation and a decision whether or not to prosecute. In the 1980s, some suspects were reported to have been mistreated during this detention to exact a confession. These detentions often occur at cells within police stations, called daiyo kangoku. A suspect can be taken into custody after arrest and before prosecution for up to 23 days.

https://www.t-nakamura-law.com/en/qa

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zichi, that is basically the same as what I wrote in this thread at 07:09 pm on Jan 6. What was your point?

Remember, police cannot issue a warrant. They "have to secure" it from a judge. The charged offence is written on the warrant, and it must be presented to the suspect. As you wrote, "the police have to present their case before a prosecutor, who is then required to apprise the accused of the charges and of the right to counsel." We can agree that the "charges" are filed even before a suspect is arrested.

A suspect may be detained for 23 days before indictment. If you think saying "a suspect may be detained for 23 days without charge" has the same meaning as the previous sentence, I would agree with you in that sense. But they sound quite different to me.

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We need to unify our understanding of the word "charge". In your quoted example, "charge" has been deemed

equivalent to indictment 

zichi, ch3cho, gogo already provide good discussion .

Kazuaki, even before they indict you, you already have limited freedom since you are in detention, that can last for 23 days for single accusation and can be several accusation brought against you. That already almost one month even more.

After that they can decide to release you or follow to indict you. So you'll end up more time in detention. As trial goes by there will be a verdict from judge, finally you go to jail.

Can you see how much time a person will lost his/her freedom even before being have formal indictment in Japan.

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Can you see how much time a person will lost his/her freedom even before being have formal indictment in Japan.

exactly thats time taken away from your business , your family it could be months or years and the person may actually be innocent and refuse to plead guilty. It would destroy many families lives businesses and jobs and even if the prosecutors drop the case and release the person do you think their previous employer will want them back. This hostage justice destroys lives and livelihoods.

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