Summary of facts (3)

 Plea bargaining doctrine

Impossible complicity. Suspicion of self-proclaimed complicity.

Japan's Judicial Trade Law is a legal system that reveals the essential flaws of Japanese criminal justice, which has been criticized as prosecutor justice.
There is no sufficient logical examination, and the prosecution is a system for prosecution.

The timing of the agreement is crucial.

In an accomplice case, after prosecution, there is a judge's eye and a lawyer's eye, so there is no problem if one of the accomplices becomes a disadvantage testimony of another accomplice, that is, an enemy witness .
Prosecutors have no hesitation in disclosing the process of forming a cooperative agreement.
In this case, the cooperator is called the defendant.
The problem is a plea bargain at the investigation stage before prosecution.
It is a world of darkness because it is a world without the eyes of a judge or a lawyer.
If it is a general abstraction theory, the discussion will be complicated.

Alleged plea bargain

The first point of contact between prosecutor and co-accomplice is suspicion itself

How did the two self-proclaimed accomplices, Hari Nada, Managing Director and Toshiaki Onuma, interact with the prosecution?
First, as a logical premise, two self-described accomplices must be aware of being accomplices.
However, if they are aware that they are accomplices, they deny themselves that they are accomplices.
Conceal the facts as evidence and deny being the culprit.
Why did you conceal and not deny?
This is the biggest contradiction.
Was the crime of four people so obvious?

Here you come across a serious contradiction. If the crime is obvious, why have the internal auditors, as well as the external auditors, the external audit firm, and the SEC overlooked for eight years?

Therefore, it is absolutely necessary to consider the fact of the crime based on the name of the crime and the requirements of the crime.

Critical matters in securities report

An important matter in this matter is executive compensation

The three executives (Ghosn, Kelly, and Saikawa), who decided on the specific amount of executive remuneration, were determined to make double decisions, especially for Ghosn.
In addition to the executive compensation actually received in each period, the same amount is specified and written in the form of a contract amount for non-competition contracts and consulting contracts at the time of future retirement.・ It is said that Nada and Onuma were ordered to keep secrets in a safe in a secretary room.
Hari Nada and Onuma are alleged to have been complicit in the concealment of the Future Reward Decision.

There is no accounting for future executive compensation in corporate accounting.
Remuneration received by executives upon their future retirement includes retirement benefits and contributions, all of which have approved metrics based on years of service and for which provisions have been made.
Therefore, corporate debt, that is, compensation for executives, cannot be in any way, because compensation that does not comply with those provisions cannot be approved by the Board in the first place.
In criminal law terms, it is an impunity.