2019/01/08

Carlos Ghosn vs. Japan's Legal System

For months, Carlos Ghosn, the deposed chairman of Nissan Motor Co., has found himself caught up in the peculiarities of Japan’s criminal justice system. A suspect can be ordered held for questioning for up to 20 days without charge after the initial arrest -- far longer than in most other developed countries. The suspect is allowed to seek bail only after being indicted, and even then, the person can be immediately re-arrested for questioning on suspicion of new charges. That restarts the clock in what is a very common practice. A judge has to approve every extension, but almost always does, and the cycle can go on indefinitely. Legal experts say this is all a strategy to secure a confession and make a trial easier. Critics question whether the system has sufficient safeguards to protect human rights. In 2017, less than 1 percent of cases in Japan’s district and county courts resulted in an acquittal or the defendant’s release.-Bloomberg

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