Tokyo Barrister: Start the law firm bankruptcy

Chapter 432
On the witness stand, Zetian's expression was unsightly like never before, and the unruly temperament he had just walked into the court was immediately frustrated a bit.His eyes were full of puzzlement.During the previous audit by the Accounting Inspection Institute, he spent too much effort to manage the relationship.No one should know about the fact that the equipment development center under the Joint Research Institute signed an acceleration management contract with an overseas company except for the investigator at the time.Why, the lawyer in front of him can still know this kind of inside story? !

After recovering from the shock, Qian Hezi gritted her teeth tightly, her eyes filled with anger.This Accounting Inspection Institute, again and again, has come up with bad things. Are they out of their minds?They are openly confronting the prosecutor's office.After today's trial, you must report the abnormality of the Accounting Inspection Office to the Prosecutor's Office!
Chikako immediately stood up from her seat and retorted, "No matter what the background facts are, the fact that Morimoto took the money as his own is enough to show that he has the intention of embezzling public funds and engaging in corruption. It is an indisputable fact that it is stored in Morimoto's personal account."

"The so-called illegal possession must have the meaning of permanently excluding others from controlling their property." Beiyuan replied forcefully, "From the background of the whole incident, the reason for taking away the acceleration tube is to temporarily deal with the institute's overseas contract breach. problem. After selling seven accelerator tubes, they plan to use the profits from the sale to buy more accelerator tubes.”

"If it really has the subjective intention of illegal possession, then it should no longer plan to purchase and accelerate the return of the tube to the Institute. Therefore, the evidence on file cannot be used for Morimoto's purpose of embezzling funds!"

Chikako raised her voice and retorted: "The funds involved in the case have already entered Morimoto's personal account, and now we have the fact that Morimoto purchased the real estate company's house holding certificate. Morimoto used the obtained US dollars to speculate in real estate, which is enough to prove that he has no money. The meaning of returning the dollar amount.”

"In other words, even if Morimoto did not have the purpose of illegal possession when he obtained the US dollar funds, the fact that he used the funds for real estate speculation after obtaining the funds can prove that his subjective mentality has changed, and he has already met the elements of the crime of corruption!"

Chikako kept firing violently at the defense lawyer.

Qian Hezi has been preparing for today's trial for a long time.

Even if the Accounting Inspectorate is helping this defense lawyer for some unknown reason, she will completely defeat this lawyer!
Even if the Accounting Inspection Institute is on your side, you can't turn the tables!

In the courtroom, the female public prosecutor once again displayed a strong offensive, as if she wanted to unleash all the energy she had been accumulating.

"According to what the public prosecutor said, the defender's response is as follows." Beiyuan stepped forward and said with a calm expression, "From the scale of funds for purchasing house certificates, it accounted for less than 8% of the total amount. And the seven accelerated pipes involved in the export Compared with the original production price, the profit is more than 40%. Unless the defendant uses most of the US dollars received to buy speculative housing certificates, it cannot be concluded that the defendant has illegal possession of all The intention of the case money!"

"That's an attempted crime." Chikako retorted, "It's only because of the crime! That's why Morimoto failed to use most of the funds to buy the house certificate!"

"Does the prosecutor have any factual materials to prove this inference?!" Beiyuan also raised his voice, "In fact, from the transaction records of Morimoto's personal account that accepts US dollars, we can also see that there are still many transactions in the account involved. Exist. These transactions are obviously not Morimoto’s personal consumption. Most of the transactions are personal transfers. This account has a high possibility of being used as a unit’s “small treasury”!”

Qian Hezi raised her slender eyebrows, "Privately set up a 'vault' outside the unit, and did not record the income that should be recorded. This in itself is a serious violation of the financial management regulations of state-owned assets. Putting public funds in personal Under the account, the state-owned assets are actually placed in a state of extreme risk and may be lost at any time."

"More importantly, such a state makes the relevant public funds completely out of the supervision of the law. How much money exists in the 'private' treasury, exactly how it is spent, and who it is spent on. These The issues are all unresolved. This state of affairs undoubtedly constitutes an erosion of the sacred tax revenue of the country and a blatant misappropriation of public funds. No matter how glib the defendant's lawyers are, they will not change this reality."

"The public prosecutor obviously confused two different concepts. Violating the financial management system and constituting a crime of corruption are two completely different issues." Bei Yuan stepped forward and said, "A behavior that violates the financial management system does not necessarily result in a crime of corruption." It constitutes a crime of corruption. Even though Morimoto has privately set up a "small treasury", if the money in the account is not used for personal consumption and enjoyment, and most of the funds are still used for the expenses of the unit, it cannot be determined that it constitutes a "small treasury". corruption."

Qian Hezi once again refuted, "violating the financial management system of state-owned assets has already shown that its behavior is illegal, and excluding the state's supervision and use of public funds is already a kind of possession. The combination of the two will It has already constituted the illegal possession purpose element required by the crime of corruption."

"In the purpose of illegal possession, the intention to exclude and the intention to use are two essential elements." Beiyuan quickly countered, "It is only to exclude public funds from the supervision and use of the state, which only meets the needs of exclusion, but it does not There is no intention of using it. It cannot be concluded that Morimoto's behavior has constituted a crime of corruption!"

In the courtroom, the female public prosecutor and the defense lawyer are fighting with each other, you come and go with me.

In the confrontation of sentence after sentence, there seemed to be a huge shock of the impact of weapons.

The university executives in the auditorium were all sweating. Every confrontation between the prosecutor and the defense lawyer made them feel like a violently shaking scale, and they were on tenterhooks.

In the constant confrontation, Qian Hezi already felt a little tired, and she thought that the lawyer opposite had no new defense opinions.Over and over, it means that Morimoto does not have the purpose of illegal possession.The female public prosecutor was determined to deliver the final blow, and said: "Whether the purpose of illegal possession exists or not is not up to the defense lawyer to talk about it. It must be in line with Morimoto's objective behavior. If you even use public funds for speculation Things like real estate can be tolerated and are not considered corruption, so how can the academic spirit of our university institutions be self-sustaining!!!”

Hearing Qian Hezi's words, Beiyuan just sneered, "If my client, Morimoto, really committed a crime, what he constituted should not be a crime of corruption. The whole matter of accelerating loan management is a matter of research. An absurd incident that the institute directed and staged in order to cover up the breach of an overseas contract. The Institute exported and sold its own acceleration tubes, and divided the money privately. This incident constituted the crime of privately dividing state-owned assets, not embezzlement!"

"According to the provisions of the Criminal Law, if a public institution violates state regulations and privately distributes state-owned assets collectively to individuals in the name of the unit, the person in charge who is directly responsible will be investigated for criminal responsibility. What should be investigated is the criminal responsibility of the directors of the joint research institute and the relevant research groups of the Faculty of Engineering of Kyoto University!"

(End of this chapter)