Photo/Illutration The Justice Ministry (Asahi Shimbun file photo)

With the number of bail jumpers soaring over the past decade, the Justice Ministry is moving toward allowing judges to order defendants who pose a flight risk to wear GPS tracking devices. 

The move comes in the wake of the dramatic escape to Lebanon by Carlos Ghosn, the former chairman of Nissan Motor Corp., in December 2019.

A subcommittee under the Legislative Council of the Justice Ministry compiled its recommendations on Oct. 8.

The entire council is expected to discuss the proposal to revise the Criminal Procedure Law and Criminal Law, and Justice Ministry officials are hoping to compile legislation based on the final proposal.

Under the subcommittee’s recommendations, judges would decide if defendants should be ordered to wear the tracking device after hearing the opinions of defense attorneys and prosecutors. If an order is given, the defendant would be forbidden from entering certain areas, such as airports and harbor facilities.

Defendants could be detained if the tracking device is detected in a prohibited area. A maximum penalty of one year in prison for violating the order would be included in the legal revision. Detention and penalties will also be in place should the defendant violate the obligation to always wear the GPS tracker.

The recommendations also call for establishing a new system in which courts designate an overseer from among individuals associated with the defendant. The overseer would have to pay a guarantee to the court that would be forfeited if the defendant flees and the release order on bail is retracted.

There has been a sharp increase in the number of defendants out on bail who flee.

While there were only 40 people who jumped bail in 2009, the number reached 219 in 2019, including Ghosn, who fled Japan on a private jet even after posting 1.5 billion yen ($13.4 million) in bail.

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