John886 comments

Posted in: Man, son accused of helping Ghosn flee Japan challenge U.S. extradition case See in context

As for bail jumping; Yes, if you are granted completely unconditional bail then I can accept that no additional crime is commited by simply run away and never showing up at your hearing. However, Ghosn was not granted unconditional bail. Has was confined to his home with strict conditions through a judge's order. There are numerous crimes in the Penal Code from articles 97-105 which appear to deal with escape and assistance from confinement in these circumstances. I would be very surprised if they do not apply to this situation. These additional charges are likely awaiting the Taylors once the Japanese authorities get hold of them.

There are so many holes in this case its ridiculous how they even had "Probable Cause" to arrest them...

1.) He was allowed to roam freely around Japan, he was not under house arrest so confinement doesn't apply. Also Japan has had 4 months to throw every charge they could at these guys...you really think if they had other charges they wouldn't have added them to the arrest warrant?

2.) Why wasn't Carlos charged with any of the articles from 97-105?

3) Also another major problem for the Japanese is Chapter XI Complicity -

Article 62. (Accessoryship) (1) A person who aids a principal is an accessory. (2) A person who induces an accessory shall be dealt with in sentencing as an accessory.

Article 63. (Reduced Punishment for Accessories) The punishment of an accessory shall be reduced from the punishment for the principal.

Ghosn was charged with an immigration violation which carriers a penalty of 1 year max so by law the punishment for the Taylor's must be less.

4.)If Japan wants to add additional charges, they need to reissue a new arrest warrant which would be the 3rd. This is a weak case, the fact that the US Government had to add article 103 (which the Japanese themselves know doesn't apply) shows how desperate they are.

This will be dropped soon and the US is just complying to make Japan happy.

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Posted in: Japan to seek extradition of men arrested in U.S. over Ghosn escape See in context

It’s blows my mind how stupid 99% of the public is on this. Everybody is an expert but hasn’t even looked at Japanese law. Jumping bail is not a crime in Japan. The most Japan can charge them with is an immigration violation. Laws of escape don’t apply because Ghosn wasn’t in prison. I am also assuming if 2 guys who were this sophisticated to do this probably did their homework.

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