Tokyo Barrister: Start the law firm bankruptcy

Chapter 413 Cross-examination
After the defense lawyer finished asking questions, the faces of the senior officials of the university in the auditorium looked extremely ugly.Some people even cursed in a low voice, wondering why the lawyer went from counting the plagiarism case in ancient books to the Morimoto embezzlement case.What is wrong with this lawyer named Beiyuan, so that he wants to fight against the university everywhere.

"Now, the interrogation of the defendant is over." Judge Sakuma announced, "The court investigation continues, and the public prosecutor will present the evidence of this case."

Iwanaga listened to the judge's order and showed a meaningful smile.It is inevitable that the defense lawyer took advantage of the questioning of the defendant just now.It is estimated that they have been discussing for a long time in the detention center, how to cooperate with each other in the questioning session in court.

However, the following program is not so simple.

Yan Yong is very confident, because to some extent, the prosecutor's office can conduct disguised "evidence raids" in criminal trials.

【Criminal Trial · Evidence Raid in Disguise】

[In criminal trials, the public prosecutor often conducts "disguised" evidence raids.Generally speaking, evidence raids in civil cases often result in the submission of too little evidence, and it is not until the parties on the spot that they suddenly submit new evidence.In criminal cases, it is completely reversed.The public prosecutor often transfers all the criminal investigation files to the court. In the face of a huge amount of materials, the defense lawyer often does not know which material is the evidence that the public prosecutor will present in court. 】

In other words, in criminal cases, the prosecution submits too many materials, so that the lawyers cannot know what evidence they are going to submit to the court, thus forming a disguised evidence raid.

Yan Yong held a piece of paper of proof and opinion in his hand, and stood up slowly, looking at Bei Yuan opposite him from the corner of his eyes.It was only a little over a week since the opposing lawyer received the entrustment, and it is absolutely impossible to effectively cross-examine the evidence presented in this case.

Yan Yong's resonant voice sounded: "Next. The public prosecutor presents the first set of evidence. The first piece of evidence is the employment letter of a researcher at Kyoto University, the second piece of evidence is the defendant Morimoto's salary statement, and the third piece of evidence is the certificate issued by Kyoto University. "Explanation on Morimoto's Employment", the fourth piece of evidence is the resume of Morimoto's personnel file, and the fifth piece of evidence is the "Explanation of Researcher's Appointment Results and Impressions" submitted by Morimoto to Kyoto University last year."

"The above five pieces of evidence can show that the defendant Morimoto is a researcher hired by Kyoto University and has the obligation and responsibility to properly use scientific research funds."

After Yan Yong finished reading this paragraph, the expression on his face became more and more smug, and the lawyer was absolutely unable to conduct effective cross-examination.

Just when Yan Yong was about to continue reading, suddenly, a male voice sounded from the opposite lawyer's seat, "The defender does not approve the proof purpose of the public prosecutor's evidence."

I saw that Beiyuan stood up again at some point, with a half-smile, cynical smile still on his face.

Hearing this voice, Yan Yong's eyes suddenly widened a bit.what happened? !He actually started cross-examination from the first piece of evidence? !What's the point of cross-examination? !

"Chief referee." Bei Yuan held a copy of an A4 paper and showed it, "Please pay attention to the first piece of evidence presented by the public prosecutor just now, which is the so-called letter of employment for a researcher at Kyoto University. The employing unit written in the letter of appointment is 'Kyoto University Electrical Engineering Society'."

In the next second, Kitahara took another piece of paper handed over from Miyagawa, and said, "The Society of Electrical Engineering of Kyoto University and Kyoto University are different entities. Kyoto University is a public legal entity established through the Diet. On the contrary , Kyoto University Electrical Engineering Society——According to the information search, it is only a civil society registered in the city hall. It does not have the status of a public legal person.”

"The inquiry data can show that the employer who established the employment relationship with the defendant Morimoto was not Kyoto University, which is a public legal person, but the Society of Electrical Engineering, Kyoto University, a civil society. According to the provisions of the Criminal Law, the prerequisite for the crime of corruption is that the defendant must have The corresponding position exists. Accordingly, my client does not hold a position in the national legal person, does not have the corresponding authority, and does not meet the legal status requirements for the crime of corruption!"

Beiyuan's words echoed in the court, and all the senior officials of the university were dumbfounded in an instant.It is true that most of the researchers at Kyoto University do not have a direct contract relationship with the university, but sign contracts with societies affiliated to the university.The reason why university executives implement this method is mainly because of the high turnover rate of researchers, fearing that there will be conflicts with the university during the resignation process, so they let the society sign a contract with the recruiter.

However, today they never expected that this move would become an obstacle to Morimoto's conviction in today's criminal case.

When Yan Yong heard Bei Yuan's cross-examination, he couldn't help but also froze.However, the information about Kyoto University and the Society of Electrical Engineering of Kyoto University does clearly and clearly show that these two institutions are indeed independent entities.

The experienced prosecutor couldn't help but miscalculate.When he saw the words "Kyoto University", he subconsciously thought that the Society of Electrical Engineering must be an affiliated institution within the university.He never expected that this society turned out to be an independent civil society.

Yan Yong frowned, and immediately thought about what to do.Immediately, Iwanaga stood up and said, "Chief referee, we should judge the defendant's position based on his actual performance of duties. Kyoto University has kept an archive of Morimoto's report on his work. It can be seen that Morimoto reported directly to Kyoto University. Report, it is essentially a member of Kyoto University!"

However, as soon as the prosecutor's words fell, Miyagawa on the defense seat immediately handed Kitahara another stack of A4 papers.

Beiyuan immediately showed the information in his hand, "Chief referee. The information displayed by the defender is a printout of the email in Morimoto's mailbox. We can see that when Morimoto sent the report on his work, the recipient of his email was Kyoto. The Electrification Engineering Society of the University, and the mailbox of the Kyoto University institution is just a copy. Therefore, Kyoto University has kept Morimoto's report on file, which is not enough to prove that Morimoto reports directly to the university!"

A head-on collision hit directly, Yan Yong was stunned for a moment, he didn't expect the defense lawyer to do his job to such an extent.

The female prosecutor beside her, Chikako, also showed an anxious expression. She kept flipping through the materials she had prepared in advance, and finally, in the midst of her haste, she also pulled out a piece of paper and handed it to Iwanaga.

Yan Yong glanced over, and there was a look of pride in his eyes, as if this material could instantly knock down the defense lawyer on the opposite side.The prosecutor immediately said: "What the defender said is unreasonable! Here I have a capital contribution form on the establishment of the Institute of Electrical Engineering at Kyoto University. This form can prove that the initial assets of the Institute of Electrical Engineering were provided by Kyoto University. This proves that the assets of the Society of Electrical Engineering actually come from national legal persons.”

"Therefore, the personnel employed under the name of the Electrical Engineering Society are also indirectly equivalent to the personnel employed by the national legal person!"

In a split second the prosecutor went on the offensive again.

Under the artillery fire, the young male lawyer smiled again.

Kitahara glanced at Yuki who was sitting in the corner of the auditorium.The audit investigator and the defense lawyer met their eyes and nodded in tacit understanding.Immediately, Bei Yuan immediately pulled out another piece of paper:

"The public prosecutor's statement is misleading the court. Now the defender presents an annual audit report on the Institute of Electrical Engineering, Kyoto University. The report shows that the main income of the Institute of Electrical Engineering, Kyoto University comes from accepting scientific research commissions from external companies."

"That is to say, the source of funds for the operation of the Institute of Electrical Engineering is not from national legal persons, but from the profits of consulting and research services. Therefore, the Institute of Electrical Engineering of Kyoto University actually operates like a private enterprise, rather than Relying on financial appropriations to maintain its existence. The public prosecutor judged the nature of the society based on the source of its initial establishment, which is inconsistent with the facts!"

In the courtroom, the defense lawyer showed the audit report of the Society of Electrical Engineering, which he obtained from nowhere, and counterattacked the prosecution...

(End of this chapter)