In response to the escape case of former chairman Carlos Ghosn of Nissan Motor, a subcommittee of the Legislative Council has attached GPS to defendants who may escape overseas while on bail, and when invading an airport etc., location information We have put together a draft outline that includes the establishment of a system that allows you to secure your personality.
In recent years, while the number of cases in which courts grant bail has increased, the Legislative Council has been responding to a series of cases in which defendants on bail have fled, such as Nissan's former chairman Carlos Ghosn fleeing to Lebanon on a private jet. The subcommittee has put together a draft outline for reviewing the criminal law.
According to this, in order to prevent them from escaping overseas while on bail, they created a system to allow defendants to wear GPS only when the court deems it necessary, and invaded airports and port facilities that were off limits. At times, it is said that it is possible to confirm the location information and secure the personality.
In addition, the act of the defendants on bail not appearing in the court or the act of leaving the residence designated by the court for a certain period of time will be subject to new punishment, and both will be punished by imprisonment with work for not more than 2 years.
Then, we introduced a system that allows the defendant's parents and bosses at work to be designated as "supervisors", and when they appear in court with the defendants on bail, or when there is a change in their residence or occupation, the court I am ordering you to report promptly.
The Legislative Council will compile the outline at a general meeting to be held later this month and report it to the Minister of Justice.
If there is no abnormality, confirmation of location information is also prohibited
近年、裁判所は積極的に保釈を行っていて、去年、逮捕されるなどして身柄を拘束された人のうち、保釈が認められた割合は32％にのぼっています。
しかし、保釈されたあとに逃走したり、裁判所に出頭しなかったりするケースが相次いでいて、保釈が取り消された人は200人余りと、この10年でおよそ5倍に増加しています。
そこで、要綱案では保釈中の被告の海外逃亡を防ぐため、裁判所が必要と認めた場合にかぎり、被告にGPSを装着させる制度を創設するとしています。
被告がGPSを破壊したり、立ち入りが禁止された空港や港湾施設に侵入したりするなど、出国するおそれが高い行動をとった時は、裁判所や検察官が位置情報を確認して、身柄を確保することができるとしています。
一方で、被告のプライバシーなどを保護するため、保釈中の行動に異常がない場合は、位置情報の確認を禁止しています。
GPSのシステムは裁判所が管理することになりますが、実際の運用を民間に委託するかや、被告の体のどこにGPSを装着するかなど、具体的な方法については決まっていません。
また、8日の要綱案には保釈中の被告らが裁判所に出頭しない行為や、裁判所が指定した住居から一定期間離れる行為について、新たに処罰の対象とすることも盛り込まれ、いずれも2年以下の懲役を科すとしています。
保釈中に逃走した場合、国内であっても、これらの罪が適用されることから、一定の抑止力になることが期待されています。
そして、被告の親や職場の上司などを「監督者」として定めることができる制度を導入し、保釈中の被告らとともに裁判所に出頭することや、住居や職業に変更があった際は、裁判所に速やかに報告することを命じるとしています。
There is no punishment for violations of the "supervisor", but the court states that the "supervisory deposit" paid on bail can be confiscated.
What is the background to the revision of the escape prevention law?
Behind the amendment of the escape prevention law, while the number of cases where bail is granted is increasing, there are a number of cases in which the defendant escapes while on bail.
According to Ministry of Justice statistics, the percentage of detained persons who were granted bail was 15.6% in 2009, 12 years ago, but gradually increased thereafter, and in 2018, 3 years ago. It is 32.6%.
On the other hand, there are many cases in which the bailed defendant escapes.
Former chairman Carlos Ghosn of Nissan Motor, who was on bail after being charged with special back office in December, uses a private jet to Lebanon in the Middle East with the help of former members of the U.S. Army Special Forces. Escaped to.
The prospect of a trial of former chairman Ghosn due to the escape remains uncertain.
In October of the same year, the defendant, who had been charged with confinement in Sapporo and was released on bail, fled without appearing in court on the day of the judgment, and disappeared until it was secured about a month later. In addition to the fact that it became unclear, in June, a prisoner who was sentenced to prison in Aikawa Town, Kanagawa Prefecture, resisted the staff of the Prosecutor's Office who visited his home for containment with a knife and escaped by car.
Under the current criminal law, only when you escape from a prison, etc., you are subject to the crime of escape, and it does not apply when you are on bail.
Therefore, there was an increasing need to expand the scope of application of escape crimes and to prevent the escape of defendants on bail.
The issue is whether it can be improved in effectiveness
The issue with GPS-based countermeasures is how to improve their effectiveness.
The draft outline compiled by the Legislative Council on the 8th is a system that allows the defendant to equip a terminal with a GPS function to prevent the defendant from escaping abroad and secure his / her personality when entering an airport or port facility. The founding of was included.
Since there are voices concerned about privacy invasion when monitoring behavior by GPS, the Ministry of Justice says that it does not monitor behavior 24 hours a day and uses location information etc. only when notification comes.
Specific operations will be considered in the future, but it is expected that the court that granted bail will receive the GPS notification.
However, because it is not possible to know in advance whether the defendant will attempt to escape, equipment and personnel are needed to ensure that unpredictable notifications will arrive.
In addition, it is also an issue to establish a system to promptly contact the relevant parties after receiving the notification and to secure their personality.