Due to the vagueness of the law the prosecution can go on and on about just about anything. This is a translation of the law for the more serious charges that Ghosn is facing.
(Crime of an Aggravated Breach of Trust by a Director, etc.)
Article 960 (1) When any one of the following persons, for the purpose of promoting such person's own interest or the interest of a third party or inflicting damage on a Stock Company, commits an act in breach of such person's duties and causes financial damages to such Stock Company, such person shall be punished by imprisonment with work for not more than ten years or a fine of not more than ten million yen, or both:
(i) an incorporator;
(ii) a Director at Incorporation or Company Auditor at Incorporation;
(iii) a director, accounting advisor, company auditor or executive officer;
(iv) a person to perform duties on behalf of a director, company auditor or executive officer who has been appointed based on a provisional disposition order under the provisions of Article 56 of the Civil Provisional Remedies Act;
(v) a person who is temporarily to perform the duties of a director, accounting advisor, company auditor, Representative Director, committee member, executive officer or representative executive officer appointed pursuant to the provisions of Article 346 (2), Article 351 (2) or Article 401 (3) (including the cases where it is applied mutatis mutandis pursuant to Article 403 (3) and Article 420 (3));
(vi) a manager;
(vii) an employee to whom the authority of a certain kind of matter or a specific matter concerning business has been delegated; or
(viii) an inspector.
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"Small companies can't afford to close for 10 straight days," said the woman. Sure they can! All we are saying is give life a chance.
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