Ghosn escape prompts Japan to discuss blocking defendant flight

February 21, 2020

Tokyo--Prompted mainly by former Nissan Motor Co. <7201> Chairman Carlos Ghosn's escape from Japan while on bail, Japanese Justice Minister Masako Mori asked an advisory panel Friday to study legislative steps to prevent the flight of defendants on bail.

The Legislative Council will discuss whether to expand the scope of those who can be punished for the crime of fleeing under the Penal Code.

The crime of fleeing currently covers cases of inmates detained at prisons or other facilities escaping, but not defendants on bail, such as Ghosn.

Another key issue likely to be on the panel's agenda is the advisability of having defendants released on bail wear a Global Positioning System device so that their movements will be monitored. The panel will study related issues, including how to protect the privacy of defendants with a GPS device and how they should be monitored, looking at examples in other countries.

Ghosn, who has been indicted in Japan for alleged financial misconduct, fled to Lebanon late last year while on bail.

Japan has been positive about releasing defendants on bail in recent years.

Among defendants in detention, the share of those granted bail almost doubled to 32.1 pct in 2018 from 15.6 pct in 2009, according to the Justice Ministry.

But some defendants ran away after being released on bail. Such cases occurred in Kanagawa Prefecture, south of Tokyo, and Osaka Prefecture, western Japan, last year.

Mori also asked the panel to discuss a civil procedure law revision aimed at introducing information technology in civil lawsuits.

Specifically, the panel will consider allowing documents, such as on complaints and court rulings, to be handled online, as well as the use of web conferencing for oral proceedings.

The ministry aims to submit the amendment to parliament in 2022. Jiji Press