crime

American man pleads guilty to killing, dismembering woman in Osaka

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Yevgeniy Vasilievich Bayraktar's lawyer asked for leniency in the first hearing at the Kobe District Court after his client admitted to the charges of injury resulting in death and dumping a body. Prosecutors did not indict him for murder, saying it was unclear whether he had the intent to commit murder.

Huh? Intent or otherwise, he murdered this woman, admits to killing here, cut her body up to hide the evidence, and yet escapes a murder charge?

Gotta be a problem with the translation here somewhere!

21 ( +25 / -4 )

Murder has a very dircigjv legal definition. If all elements cannot be proven, then murder did not occur.

5 ( +8 / -3 )

"injury resulting in death" sounds like manslaughter instead of murder. sounds like some plea bargaining going on

7 ( +7 / -0 )

Murder has a very dircigjv legal definition. If all elements cannot be proven, then murder did not occur.

Did you read the article? He admitted to killing her, strangling her to death, then cutting up her body to hide the evidence of the crime and that isn't murder?

BTW, what does "dircigjv" mean?

14 ( +18 / -4 )

Not defending the guy but I do hope they have more than just a video showing them entering together and a sign confession as we all know how that works and often see no evidence of this or that. Gotta agree with Yubaru.

2 ( +7 / -5 )

@since1981: He was found with her head in his bag as he was leaving his rented place, it is truly disgusting a crime.

12 ( +12 / -0 )

Did you read the article? He admitted to killing her, strangling her to death, then cutting up her body to hide the evidence of the crime and that isn't murder? 

Murder requires premeditation. It seems as if the prosecutors don't have enough evidence of premeditation to make a murder charge stick.

What happens to the corpse afterward has no bearing on whether murder occurred.

BTW, what does "dircigjv" mean?

It means I have far thumbs. I was trying to type "exact" and didn't proofread.

6 ( +9 / -3 )

*fat

On a freakin roll this morning.

13 ( +13 / -0 )

I hope no leniency considered, hang him.

-4 ( +3 / -7 )

Murder requires premeditation. It seems as if the prosecutors don't have enough evidence of premeditation to make a murder charge stick.

No, it does not, even in Japanese there are different definitions of murder, including manslaughter as well.

Not to mention the fact that the guy confessed to killing her.

-4 ( +4 / -8 )

What happens to the corpse afterward has no bearing on whether murder occurred.

On a separate note, it matters here, in that the intent was to cover up the crime or at the minimum, the death of the woman involved here.

From experience here I would wager a huge bet that there is a hell of a lot of information that is not being provided in this case in the article here.

0 ( +6 / -6 )

gogogo; thanks for the additional info. Makes more sense. Chip Star; In Japan I kind of distrust their interrogations methods. JT; gogogo's information would have be nice to include in the article. Anyone who knows how the systems works here would have a different option knowing he was caught red handed.

2 ( +3 / -1 )

On a separate note, it matters here, in that the intent was to cover up the crime or at the minimum, the death of the woman involved here. 

It matters in most jurisdictions what happens to the corpse, but not in relation to whether murder occurred. Murder is a separate crime and act from the crimes that happen to the corpse.

As you have noted in several occasions, the J-police will charge someone with unlawful disposal of a corpse in order to detain and attempt to collect evidence for a murder charge.

From experience here I would wager a huge bet that there is a hell of a lot of information that is not being provided in this case in the article here.

Agreed. We never get the full story.

3 ( +4 / -1 )

No, it does not, even in Japanese there are different definitions of murder, including manslaughter as well.

Manslaughter is not murder. You are conflating layperson definitions with legal definitions. I'm using the legal definition of First Degree Murder.

https://dictionary.law.com/Default.aspx?selected=1303

3 ( +5 / -2 )

A confession to the act of killing is insufficient for murder charges as it's simply one element of the crime.

I'm going off Western law, specifically US law. It sure seems the Japanese law is not far off.

0 ( +5 / -5 )

Chip Star; In Japan I kind of distrust their interrogations methods

As anyone reasonable personahpuld given the lack of transparency and the defendant's inability to have a lawyer present.

1 ( +4 / -3 )

Why isn’t this being reported by the foreign media?

0 ( +0 / -0 )

So, placing your hands around someone’s neck and squeezing until they die is not murder? Wow! You learn something new everyday.

5 ( +9 / -4 )

Big picture here is, a girl trusted a guy enough to go inside with him and he ended her life. If I were her parents I would not care about his intent, his past record or his tears after the fact. He should not be allowed to ever forget what he did.

1 ( +3 / -2 )

Sounds like he's going to stay in Japan a little longer than he originally expected. It's exactly what he needs.

0 ( +0 / -0 )

Would it have been too hard to add 'in 2018' to the end of the headline so the casual reader doesn't just assume there had been another murder?

1 ( +1 / -0 )

So, placing your hands around someone’s neck and squeezing until they die is not murder? Wow! You learn something new everyday.

Depends on whether you thought about it first. Read the link I posted.

-1 ( +2 / -3 )

This is the kind of guy who should be held indefinitely in pretrial detention.

0 ( +0 / -0 )

I remember hearing stories about how she was telling her friend that the guy was kind of weird and she felt uncomfortable, and yet she went up with him regardless. I wish they made a bigger deal out of that as it'll be a good lesson to show people about how your personal safety and instincts should absolutely prioritize offending someone.

3 ( +3 / -0 )

Yeah, trust your instincts. And I trust this bum will be in Japan for the rest of his life.

0 ( +0 / -0 )

Why didn't prosecutors indict him for murder?

0 ( +0 / -0 )

Why didn't prosecutors indict him for murder?

Not enough evidence to prove up a murder charge.

-1 ( +1 / -2 )

Why didn't prosecutors indict him for murder?

That's a good questions, Joe, care to speculate?

0 ( +0 / -0 )

"a condominium rented out to tourists"

Come on! Just call it what it was, and AirBnB. I am tired of seeing Japanese media trying its best to not say AirBnB. I am sure AirBnB had a say in this too. AirBnB's reputation is so low here anyway that it really doesn't matter.

3 ( +4 / -1 )

Can't underestimate nefarious tendencies mentally odd dates sense.

-1 ( +0 / -1 )

Prosecutors did not indict him for murder, saying it was unclear whether he had the intent to commit murder.

He strangled her and then cut up her body .... What else do you need to prove intent. In the original story the first time they physically met he killed her. He should be executed

-2 ( +3 / -5 )

No, it does not, even in Japanese there are different definitions of murder, including manslaughter as well.

Not to mention the fact that the guy confessed to killing her.

Killing does not equal murder. Confessing to killing does not equal confessing to murder.

In the "official unofficial" translation of Japan's penal code prepared by the Ministry of Justice, the word "murder" is not even used.

http://www.japaneselawtranslation.go.jp/law/detail/?id=3130&vm=04&re=01&new=1

Article 199 defines the penalty for "homicide" (which would equal murder) and Article 205 defines the penalty for "injury causing death". The code does not define the elements of these offences though. For that, you need to look at the judicial interpretation in case law.

If you can read Japanese, you will see from this following page that the crime of homicide (murder) in Japan requires the intent to kill (殺意).

https://www.bengo4.com/c_1009/guides/147/#1_1

1 ( +3 / -2 )

This is why capital punishment should never be abolished.

2 ( +5 / -3 )

since1981Today  07:02 am JST

Not defending the guy but I do hope they have more than just a video showing them entering together and a sign confession as we all know how that works and often see no evidence of this or that. Gotta agree with Yubaru.

They do have more than that. He had her head in a bag. Then he led the police to the locations of her other body parts. Only the killer (or a helper, which he did not have) would know those locations.

1 ( +1 / -0 )

JenniSchiebel; understood. My first comment was based on info in this article. gogogo enlightened me on other details I didn't know about.

0 ( +0 / -0 )

Who cares about his nationality? He's a murderer and should be tried as such.

0 ( +3 / -3 )

As AussiePete states, to achieve a conviction for murder, the prosecution must demonstrate intent. I don't believe that Bayraktar took Kondo home with the intention of killing her, but he may well have developed that intention at some point while they were together. My working theory is that Bayraktar took Kondo home, raped her, then killed her to stop her from talking. I don't think that was his plan when he took her home - he was expecting sex to be consensual - but he decided to take it anyway when she had her doubts.

1 ( +3 / -2 )

What the heck is wrong with people?

4 ( +4 / -0 )

Manslaughter is not murder. You are conflating layperson definitions with legal definitions. I'm using the legal definition of First Degree Murder.

And you are using a foreign definition, however manslaughter in some jurisdictions is a lesser included offense of murder. Also he, again, admitted to killing her, whether it was intentional or not, he murdered the poor girl!

But neither matters as this is Japan, and as I noted the definitions are different and improper translations cause discussions like this because the wording matters!

1 ( +3 / -2 )

Throw this bummer into jail and isolate him in darkness for life.

0 ( +0 / -0 )

I don't believe that Bayraktar took Kondo home with the intention of killing her, but he may well have developed that intention at some point while they were together.

That's still intent then. If you were to say there was no intent by that logic, you could also say there was no intent because he didn't have the intention before he left America....

2 ( +3 / -1 )

And you are using a foreign definition, however manslaughter in some jurisdictions is a lesser included offense of murder. Also he, again, admitted to killing her, whether it was intentional or not, he murdered the poor girl!

Yubaru, how many times must it be said that killing does not equal murder? In Japan, as in most countries, intent (殺意) is an element of murder.

2 ( +4 / -2 )

So, placing your hands around someone’s neck and squeezing until they die is not murder? Wow! You learn something new everyday.

I'm not trying to defend the guy but, for example, it could have been consensual, rough sex that went a step too far. Without the guy confessing his intention to kill, it would be impossible to prove beyond reasonable doubt he did have the intention. That is why the prosecutors have to settle for a lesser charge.

A similar case happened in Australia a few years ago, which coincidentally also involved a Japanese woman as the victim.

https://www.perthnow.com.au/news/wa/wife-killer-bradley-jones-may-be-released-after-three-years-ng-4bbd423828db277da4979d1e1462a154

-2 ( +3 / -5 )

This also illustrates the danger of people “connecting” over social media. Are Millennials and GenZ people more trusting or just more naive than past generations?

2 ( +2 / -0 )

seanwd20: Why isn’t this being reported by the foreign media?

There's lots of foreign media coverage. Google: Yevgeniy Vasilievich Bayraktar

0 ( +0 / -0 )

AussiePete: Thanks for the assistance. Some people clearly really want to stick to their incorrect understanding of the law.

Mamslaughter is a lesser included offense within murder because it is not murder and prosecutors can probe it up easier than murder.

0 ( +2 / -2 )

Yubaru, how many times must it be said that killing does not equal murder? In Japan, as in most countries, intent (殺意) is an element of murder.

Some people simply cannot admit when they are incorrect.

3 ( +5 / -2 )

I've always been for determining the heinousness of the crime. To take the time to dismember a human body without blinking... something is serious wrong with this inhumane being.

As long as it is factually evident that he is the perpetrator of the death of this woman, I don't care what happens to him.

0 ( +0 / -0 )

So, placing your hands around someone’s neck and squeezing until they die is not murder? Wow! You learn something new everyday.

Depends on whether you thought about it first. Read the link I posted.

I don't think that link is so helpful. This Wikipedia link is somewhat broader.

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

Deliberately strangling someone to death is generally treated as murder in most places. Putting your hands to someone's neck is considered "malice aforethought". But possible exceptions might be if you are defending yourself (e.g. the other person started strangling you first, or they are stabbing you with a knife, or trying to reach for a gun.) The article is a little short on details.

2 ( +2 / -0 )

What people have missed here is what about her parents? they must be distraught, I don't know if they fully know what happened IE that she's been cut up, loosing a child is bad enough but to end there life like this, jeees! I hope they get some closure now that he's been caught.

2 ( +2 / -0 )

I am not a big fan of the death penalty, but in this case it is fitting and suitable, I hope this piece of scum is dealt with quickly.

1 ( +1 / -0 )

Brian WhewayToday  09:32 pm JST “what about her parents? they must be distraught, I don't know if they fully know what happened IE that she's been cut up”

Well seeing as how it was all over the news at the time, I kinda think they know.

-1 ( +0 / -1 )

nut case

1 ( +1 / -0 )

Educator60, sorry but I have not heard of this case, I might have been on holiday or something, but yes your right since as you say it was in the news at the time the parents would have known.

0 ( +0 / -0 )

How is it that someone goes to a foreign country to kill people?

0 ( +0 / -0 )

Horrifying. This man is trying to get away from crime he had commited. His nationality doesn't matter but what he had done to this woman matters the most.Don't let him get away from this. He is too dangerous for our humankind.

0 ( +0 / -0 )

They have some nerve asking for leniency hang him.

1 ( +1 / -0 )

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