Tokyo Barrister: Start the law firm bankruptcy

Chapter 423 Female Prosecutor
As the female public prosecutor's voice fell, the prosecution's proof of Morimoto's second crime was also read out.Compared with the evidence presented by the prosecutor's office for the first time, the evidence presented by the prosecution this time is more rigorous and interlocking, making it even more difficult for people to refute.Among the evidence presented here one after another, Morimoto's use of public research funds for the payment of excess performance wages is undoubtedly revealed.

Qian Hezi sat back on the prosecution seat, slightly raised her chin, and looked at the defense lawyer opposite.She didn't believe that lawyer Beiyuan could still refute like last time.In today's trial, she will completely defeat Morimoto's lawyer and make the defendant severely punished by the national law!

Many eyes in the courtroom immediately turned to the defense seat.Yuki sat in the far corner of the auditorium, seeing this scene of the trial, even as an investigator, she also felt the strong pressure from the prosecution.She also couldn't help but wonder how the Beiyuan lawyer would excuse the defendant.

Under the gaze of everyone, the defendant's male lawyer stood up from the defense stand.He straightened the tie on his body, and then took a step.In the next second, Bei Yuan's voice was heard saying: "Defender, now express cross-examination opinions on the first set of evidence of the public prosecutor."

I don't know why, but the female prosecutor just now exuded a strong oppressive aura.However, the defense lawyer just said a word, and the whole court became silent.There seemed to be an indescribable majesty in the voice of this young male lawyer.

Beiyuan held a booklet in his hand, slowly opened it, and displayed it in front of everyone, "Chief referee. This is the articles of association of Cangqiao Electronic Instrument Co., Ltd., the company involved in the case. Among them, Chapter 6—"The company's salary system Article 30 of 'No.[-] clearly stipulates that the part of the researcher's performance salary must be reported to the remuneration committee for discussion and decision before it can be paid."

"That is to say, the performance evaluation results of the researchers involved in the case need to be submitted to the remuneration committee for discussion. The committee reviews the performance of each researcher and confirms that they have met the standards before they can release the performance according to the reported results. salary."

"In other words, although the defendant Morimoto is the research executive manager of the company involved in the case. Although he has handled the payment of the company's salary, according to the company's articles of association, it is the remuneration committee that has the final power to decide matters, not the defendant Morimoto. The public prosecutor only Taking the defendant Morimoto as the research executive manager, it can be concluded that Morimoto, as the head of the company's salary payment, is a misunderstanding of the facts, which does not match the existing evidence materials of this case!"

When Qian Hezi heard this sentence, she stood up immediately, and said tit for tat: "The "Project Research Cooperation Agreement" signed by the Faculty of Engineering of Kyoto University and Cangqiao Club has been clearly written. The agreement No. 20 has been stated. Negotiations to designate a person to serve as the research executive manager and be responsible for the payment of bonuses. The defense lawyer judged Morimoto’s authority based on the so-called articles of association, which is inconsistent with the facts.”

Qian Hezi had noticed this provision of the company's articles of association long ago, so she had already made sufficient preparations.Seeing that the defense lawyer's offensive thinking was within his expectations, he couldn't help feeling more confident.

The female prosecutor continued: "Although the company's articles of association also made corresponding provisions on the authority to pay salaries. However, before that, Cangqiao Club was not a joint venture between industry and research. What its articles of association stipulated were only General affairs. When it comes to industry-research cooperation matters, the specially signed "Project Research Cooperation Agreement" shall prevail, not the company's articles of association!"

Qian Hezi launched a fierce counterattack towards Kitahara.Indeed, if the company has special regulations on industry-research joint ventures, then the special regulations should apply, not the general provisions of the articles of association.

When Beiyuan heard this, he just smiled and said, "Chief referee. I would like to draw the court's attention to the six articles of the "Project Research Cooperation Agreement". Among them, six articles clearly stipulate that Cangqiao Club is transforming into a joint production and research After that, its board of directors and supervisors should be held by no less than two-fifths of university personnel. Article [-] further stipulates that for the specific relevant provisions of the project research cooperation agreement, Cangqiao Club should hold a shareholders' meeting to convert the provisions in the agreement into the company's articles of association , and further refine the details to be added.”

"In the company's articles of association, there is no such provision in the original version of the articles of association concerning the remuneration committee's performance salary for researchers. The articles of association mentioned by the defender just now are unanimously agreed upon by the shareholders meeting after Cangqiao Club is transformed into a joint venture between production and research. Approved changes to the Articles of Incorporation.”

"Therefore, the establishment time of the company's articles of association for the payment of researchers' performance salaries is later than the time when the agreement is signed. According to the seven articles of the agreement just mentioned, this part of the articles of association is a supplement and detail to the "Project Research Cooperation Agreement" rather than general business regulations. Therefore, the company's articles of association should apply to Morimoto's power judgment!"

Chikako froze for a moment.

Her eyes stayed on the company charter in front of her.

After what Bei Yuan said, she suddenly discovered a major flaw in her proof again.Although she had already guessed that the other party's lawyer would attack from the company's articles of association, she did not compare the different historical versions of the company's articles of association, and directly relied on the provisions of the "Project Cooperation Agreement" regarding the authority of the research executive manager.

Cold sweat broke out on Chikako's back.

She...she actually made the same mistake again.

Chikako felt her heart beating faster, but the divine sense in her heart told her to calm down.You must be calm, as long as you are calm, you can find a way to defeat the opposing lawyer.Iwanaga next to him also looked at Qian Hezi, signaling her to calm down and not be disturbed by that lawyer.

Qian Hezi's eyes quickly scanned the materials in her hand, and she said again: "Chief referee. Regarding the specific operation of the company's system, we not only need to look at what is stipulated on paper, but also need to see how it works in practice. So what."

"According to the "Explanation on Morimoto's Employment Status" submitted by Cangqiao Club, it has been mentioned that since judging the performance of researchers' scientific research results is a review activity that requires a high degree of professional knowledge, the evaluation results of the remuneration committee mainly refer to the executive manager of research. recommendations are given."

"In other words, even if we take a step back and admit that what the defense lawyers say is subject to the terms of the company's articles of association. However, considering the complexity of scientific research performance evaluation, in fact, the compensation committee is mainly based on the perspective of the research executive manager. The payment of performance wages is given. Therefore, there is no mistake in the prosecution's characterization of the fact that Morimoto is the general person in charge of the salary payment of the Cangqiao enterprise, which is in line with the real situation of the enterprise involved. What the defendant's lawyer said is inconsistent with the actual operation of the enterprise! "

This female public prosecutor exuded the aura of a snow leopard, she stared coldly at Beiyuan, and vowed to completely defeat him in today's trial...

(End of this chapter)