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Nagoya Prosecutors to Forgo Negligent Injury Charge in Infant Disability Case, Move to Amend Indictment

The decision follows a review of causation under a legal view that a fetus is not treated as a person in criminal law.

Overview

  • Prosecutors will not pursue a negligent injury count over the baby’s disabilities, keeping the case focused on the negligent driving causing the mother’s death.
  • They plan to ask the court to amend the indictment so it explicitly describes the baby’s injuries and the crash’s impact on her.
  • The crash occurred on May 21 in Ichinomiya, Aichi Prefecture, when a car struck 31-year-old Sayaka Togitani, who died two days later of a subdural hematoma.
  • The baby, Hinami, was delivered by emergency cesarean section after the crash and now has severe brain damage and requires mechanical ventilation.
  • The move comes after family petitions with more than 110,000 signatures and supplementary inquiries into medical causation by the Nagoya District Public Prosecutors Office.