Wednesday, January 8, 2020

Japan, Incorporated: the Legal Side

       Much to the chagrin of Japanese legal beagles,  Carlos Ghosn's escape has shined a light on the vagaries of a legal system that appears to favor confessions and regret against guilty or not guilty.  In the system as explained by various media outlets,  the judges who sit in court prefer a defendant who arrives in the court room with a confession to his or her crimes already logged by prosecutors.   Mr. Ghosn, after sitting under house arrest for months, came to the conclusion that Japanese courts were under the sway of corporate giant Nissan, et a., and his case was really an attempt to control the business associated with the automotive group.   Because the system would not allow his wife to visit him under the circumstances, he rightly concluded it was time to seek a different remedy.  He opted to flee the country and jump bail, as they say.
       mr. Ghosen is now in Beirut, Lebanon, the country in which he has family and holds a passport.
His escape, well planned and better executed, is the stuff of legend as details come out as to how it went down.  The curious elements include a train ride of 300 miles; a walk to the train station in his neighborhood; a hiding place that was a band box for music equipment; a stroll through security screening; a trip on 2 private jets; and a landing enroute in another foreign country.  An expert known for handling escapes planned the events and performed them well, beginning to end.  His business will get a boost.
       Mr. Ghosn now is in a much better position to negotiate his legal position.  The Japanese government will now have to review its attitude toward legal proceedings in the country, especially as it pertains to corporate contracts and the executives who work for theses corporations.  I for one would be hesitant to travel to Japan if I was involved in any way with some associated business.  I have spent more time in Japan than most Americans, and although I find it an attractive place from a geographers point of view, I would not want to do business there, even today.

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