CAN GHOSN BE FREED ON BAIL?

If Mr. Ghosn is re-arrested, he will remain in detention for up to another 22 days. After that, if he is not re-arrested, Mr. Ghosn may be considered a flight risk and denied bail, legal experts said.

Prosecutors are reluctant to grant bail to those who insist on their innocence, said Nobuo Gohara, a former prosecutor who was previously a member of the Tokyo prosecutors’ office Special Investigations Unit, which is leading the Mr. Ghosn investigation.

This has led to criticism of a “hostage-based justice system,” whereby individuals are held until confessing to crimes, Mr. Gohara said.

DOES NISSAN BEAR ANY RESPONSIBILITY?

Legal experts have pointed out that preparing accurate financial documents is the responsibility of the company, and so have questioned why only the two executives had been accused.

However, on Friday, the Nikkei said prosecutors are likely to hold Nissan accountable for publishing the statements which allegedly misrepresented Mr. Ghosn’s remuneration.

Nissan and the Tokyo District Public Prosecutors Office declined to comment when contacted by Reuters.

HOW ARE SUSPECTS TREATED IN JAPAN?

Individuals arrested in Japan are held mostly incommunicado in small, sparse cells with an exposed toilet for as many as 23 days, depending on whether it was the police or prosecutors which arrested them.

Lawyers can visit clients in detention but cannot be present during interrogation sessions, which can last eight hours a day, for several days.

“Suspects become anxious and lose confidence in what they’re saying,” said Osaka-based lawyer Masashi Akita, who has won only a fraction of his criminal cases over 30 years’ practice. “What’s especially hard is that suspects say prosecutors won’t listen no matter how many times they repeat themselves.”

The Japan Federation of Bar Associations, the United Nations and human rights groups have criticized such practices. Critics have also questioned Japan’s 99.9% conviction rate.

“Each country has its own culture and systems,” said Shin Kukimoto, deputy public prosecutor at Chief Executive Hiroto Saikawa said Mr. Ghosn’s alleged misconduct was exposed by a whistleblower, whose identity has not been disclosed. However, it is not known whether the whistleblower was simply aware of wrongdoing or party to it.

If the latter, prosecutors could ask the whistleblower to testify against Mr. Ghosn in return for leniency. Such plea bargains were only introduced to Japan’s legal system in June and have so far been used just once. —