You can't escape bail. You can escape the prison. Skipping bail is not a crime, neither in Japan, nor where I come from. The state let you go in exchange of bail. If you skip it, you lose the bail and that is the punishment. Then usually the new warrant to arrest is issued, but that's another story.
The crime has been committed by the USA who let two their citizens to be traded to Japan for something that is not a crime in exchange of keeping military bases in Japan, which requires good relationships btewwen two countries. Japan's system is bad. I don't see how USA is any better.
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the law is written such that the principal does not incur criminal liability for jumping bail, but anyone that helps him will.
So, in Japanese system books the act itself is not a crime but assisting it is. More reasons to escape such a system or help someone to do it. Taylors are not criminals. Neither is Carlos. They are free minded civilized people who fight for human dignity and liberation. I don't judge them.
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If it ai all about Taylors' state of mind, they shouldn't be arrested at all. They say- we liberated the oppressed. It is not a crime. They are heroes.
No, it is all about Japanese "justice" system where "a criminal" is someone called like that by the state and not by the court. Then the J-courts apply norms of common law, like broad interpretations, to the criminal law, and by doing this they put label "crime" on the acts that are not written in Penal code (like skipping bail). Evading such a "justice" system is the right way of thinking. What the Taylors miscalculated is their passport. Good wake-up call for an American who thinks the US will fight for a single citizen in exchange of keeping military bases in Japan.
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(Harboring of Criminals)
Article 103 A person who harbors or enables the escape of another person who has either committed a crime punishable with a fine or greater punishment or has escaped from confinement shall be punished by imprisonment with work for not more than 2 years or a fine of not more than 200,000 yen.
The second part about escaping from confinement is obviously not about Carlos. So they apply the first part- enable the escape someone who has committed a crime. For being regarded as someone who has committed a crime you need a valid court sentence, which doesn't exist in this case. In other word we are in Japanese way of seeing it: you are regarded as someone who has committed a crime because we, the state Japan, not court, says so. You are a criminal by their definition and not by the court sentence. Then, why would anyone civilized wouldn't want to escape such a system. Ironically, by applying the Article 103, they are giving the reason of Carlos' escape.
Escaping nazi camps or gulag were both crimes under the laws of those lands. And? Those who did or helped are now heroes.
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犯人 is someone who found guilty by court and escaped, or if the warrant to arrest is issued and yet you knowingly helping such a 犯人. Skipping bail is a separate event. The state let the person go under certain conditions. He/she is not in state custody. Then he/she fails to follow the bail. If Japan doesn't have a criminal punishment for that separate crime, it is not a crime at all. What we see now is the state Japan is putting the article 103 on the act that never happened. Because Carlos didn't escape the prison and there wasn't warrant issued on his arrest.
-1 ( +4 / -5 )
Joey, keep in mind that a foreign father cannot file for a separate koseki for his kids on his own. You are nothing for koseki tohon system. Only a Japanese mother, your wife, can file for this procedure. The separate koseki with a foreign last name for the kids can be done at any time until kids are legally kids. If your wife is not cooperative, the rest you know. There is an easier way out: if your wife takes her foreign hubby's last name, then the kids will be on her koseki (no separate one needed) with the last name of their foreign father. But I personally know only one Japanese wife who took her foreign husband's last name, now she and their kids are Pfeifer-in-katakana on her koseki tohon.
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Oh well, the lawyer and doesn't know. Of course he does. The kids from her previous marriage get their own koseki with their last name listed (her first hubby). She and her new hubby get a new koseki with his last name listed. He knows that, he just found the reason to make a case for his career purposes.
The same goes about foreign fathers who want their Japanese-hafu kids to have their foreign father's name. Your wifey shall create a separate koseki for the kid, even for a 1-day baby it could be done. The baby is alone on that koseki with his/her foreign father's last name listed, Your J-wife keeps her own koseki with her Japanese last name. The kid has both parents listed on his/her koseki. Keep in mind that it Is a rare procedure and some shiyakusho workers might not know the details, or pretend though. Just as your J-wife, who might indeed not know the stuff, or bs-ing her foreign hubby to keep her Japanese last name for their kids.
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The staff started to explain why service was being denied, referencing a altercation in a previous visit but I have not heard any mention of the previous altercation from the individual posting the video.
The previous visit is on youtube, the same channel, as well as the link to the blog where the story is described.
To permanently ban a customer the shop needs a court order. They don't obtain the one because no judge will issue it under the circumstances. Otherwise they would already have it. Refusal of service without a court order is discrimination. How violation of the Constitution can be regarded as "handling it well" is beyond me. The shop is getting away with their illegal act because there always be gaijins who come from worser places than Japan and who are grateful that the country granted them a visa. And, if the consumer sues the shop for a racist customer service, the HQ will say they know nothing, the customer is always welcome and will put all blame on the taped shop employee.
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I wonder what would happen if this person walked into a Western convenience store and asked for chopsticks instead of a fork.
Western convenience stores normally don't have chopsticks. But they have spoons and will change your fork into the one upon request. It's called "customized service". Why Japanese conbini can't change chopsticks into a fork if the latest is sitting right there. Because it's not written in the manual? That said, in a Western country the shop needs a court order to permanently ban a customer. Without it the refusal of service is discrimination. Same in Japan. They just don't care.
Don't worry. Have been enjoying my life in Japan for the second decade. I remember "Japanese only" signs, as well as opportunistic gaijins who never objected racist customer service and who blamed foreigners for that with "When in Rome...", etc. Some things never change.
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Yep. One more fairy tale about perfect Japan http://www.youtube.com/watch?v=sG08TIN7dQA
-4 ( +0 / -4 )
Why nobody speaks about the society`s fault? Everybody is just keeping saying: he is a bad guy but we are good.Are they? It is ridiculous to separate any crime from the society.The crime itself is a part of the society.What makes the guy to act like that? Without the right answer, the same story can happen again.
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This case is special.Much more special than the murder of another British female in 2000.In that case the murderer was Korean by origin, had a long list of other crimes and finally was not found guilty in that murder.Tatsuya Ichihashi has no previous records, looks(ed) like an average J-guy and is Japanese by origin.They don't have balls to judge him for a murder of a white female.Rememeber, unlike all others on NPA posters, he is wanted for abandonment of a corpse, not for a murder.If the victim were Japanese, he would have been already locked up.Now they are telling us funny stories: he committed a suicide, he escaped to Phillipines, etc, etc.Disgusting to read this stuff.
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