Long-term detention of defendants: Review of bail system urgently needed

Editorial

16:31 JST, October 14, 2025

A defendant who consistently maintained his innocence fell ill while in custody and repeatedly requested bail before he died. Why was bail not granted? It must be said that there were problems in the operation of the bail system.

In the aftermath of a case of false accusation involving precision machinery manufacturer Ohkawara Kakohki Co., the Supreme Court has decided to hold a study session on bail practices for judges nationwide to discuss challenges and improvement measures.

In the case, the company’s president and two others were arrested and indicted in 2020 and detained for nearly a year. Subsequently, prosecutors withdrew the indictment, stating that “doubts arose regarding illegality.”

One of the three, a former advisor, was diagnosed with stomach cancer while in custody and died. His eight requests for bail were denied. The agony of the defendant, whose innocence was proven after his death, is beyond imagination.

Prosecutors continued to oppose the man’s requests for bail, citing concerns that he might collude with others involved. The court, in line with this opinion, repeatedly denied the requests.

Courts decide whether to grant bail based on the opinion of prosecutors. Current law stipulates that the adverse effects of detention on health and social life must also be taken into consideration. Was the man’s deteriorating medical condition taken seriously?

In a review report issued after withdrawing the indictment, prosecutors reflected that they “should have accurately assessed the [defendant’s] medical condition and taken measures such as refraining from expressing opposition to bail.” The court, which denied bail at the time after effectively endorsing the prosecutors’ claim, also bears responsibility.

The Supreme Court’s study session must identify issues and use them to review the operation of the bail system. The results of discussions should be shared with courts nationwide.

In general, bail is not granted in serious cases such as murder or robbery, and is more commonly permitted in cases where a suspended sentence is likely. The percentage of defendants released on bail before their first trial verdict rose from 13% in 2005 to 32% last year.

However, defendants who deny the charges against them tend to face prolonged detention even in nonserious cases, a practice criticized as “hostage justice.” It is crucial to carefully examine the nature of the crime, the evidence and the defendant’s circumstances, and to flexibly determine whether to grant bail.

Carlos Ghosn, former chairman of Nissan Motor Co., fled to the Middle East in 2019 while on bail. The reluctance to grant bail likely stems from deep-seated concerns that “the defendant might flee.”

Following this escape incident, a system was introduced requiring defendants deemed at risk of fleeing overseas to wear a GPS device.

It will be important to explore appropriate bail practices while utilizing such devices.

(From The Yomiuri Shimbun, Oct. 14, 2025)