Robert Hancock comments

Posted in: Ghosn indicted on 2 new charges; Nissan cancels lease on his Tokyo apartment See in context

The problem is the bail and defense-attorney systems exposed by Ghosn's problems, which have ruined the lives of many innocent Japanese defendants too. 

The Japan Bar needs to lobby the MOJ to change the rules to permit the right to the presence of a defense attorney during interrogation by police and public prosecutors, as well as changes to rules for bail in non-violent crimes.

The Bar does not advocate for these changes partly because it regards prosecutors as respected attorneys while defenders are almost held in contempt. Moreover, the motivation to become a defense attorney in Japan is low, because even a good defender will only win about 2% of cases under the present system. 

The training for judges, prosecutors, and defenders is antiquated too and needs revision.

In some sense, although suffering, Ghosn is luckier than most because he has the funds to hire a first-class defense team led by an ex-public prosecutor who knows how the game is played.

Until there is a root-and-branch revision of these parts of Japan's legal system, innocent defendants of all nationalities will suffer.

There are plenty of Japanese attorneys who sympathize with Ghosn's problems but they are hamstrung by the Japan Bar and MOJ.

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