
Supreme Court's 2nd Petty Bench calls it "illegal" without providing any reason for fear of destroying incriminating evidence
Regarding the Nagoya District Court's decision to deny bail to a defendant accused of stealing a stuffed animal, the Supreme Court's 2nd Petty Bench ruled that the bail was illegal as the defendant did not show any substantive reason for fearing that he would destroy the criminal evidence.
AI-generated summary
The defendant was indicted in April for stealing 10 stuffed animals with an accomplice in Gifu Prefecture.
The Supreme Court's 2nd Petty Bench (presiding judge Junichi Takasu) issued a decision on the 3rd to grant bail to a 27-year-old defendant who was charged with theft for stealing a stuffed animal. The Nagoya District Court's decision to reject his request for bail was rescinded, saying, ``It is illegal because there is no substantive reason to believe that there is a high risk that the criminal evidence will be destroyed.'' It is rare for the Supreme Court to overturn a lower court's decision regarding bail.
According to the decision dated August 31, the defendant was indicted in April for stealing 10 stuffed animals with an accomplice in Gifu Prefecture. When the Ichinomiya branch of the Nagoya District Court granted bail after indicating before the trial that he would acknowledge the facts of the case, the same district court rejected the request on August 7, stating that he had not made his admission or disapproval clear at trial.
The second petty court pointed out, ``The district court's decision only provides a formal reason and does not specifically demonstrate that the Ichinomiya branch's decision is unreasonable.'' It was concluded that there was an illegality in the misinterpretation and application of the Criminal Procedure Code.

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