Tokyo Barrister: Start the law firm bankruptcy

Chapter 442 Public Prosecution Opinions
As the chief referee announced the start of the court debate, the atmosphere of the entire trial became tense again.

In particular, the senior university officials in the auditorium all loosened their necklines in unison, trying to ease their tense emotions.Earlier in the court investigation stage, the debate between the prosecution and the defense had reached an extremely intense stage.So what will happen in the next stage of debate?
The trial has indeed reached the most critical stage.The actual situation is exactly as Iwanaga said, the court will not easily deny the evidence collected by the police and the prosecutor's office under normal circumstances.Therefore, whether the "results" obtained in the court investigation stage can be defended depends on the performance in the court debate stage.

in some sense.

The court debate stage will ultimately determine Morimoto's fate.

Immediately, Yan Yong got up, holding the documents, and stood in front of the public prosecutor's seat.This senior prosecutor exuded a powerful oppressive aura.As if the majestic elders of the church were about to judge the people with original sin, people couldn't help but kneel down.The prosecutor's voice sounded:

"Head referee."

"According to Article 180, Article 190, and Article [-] of the Criminal Procedure Law, I was appointed by the Kyoto District Prosecutor's Office to represent this office and, as a national public prosecutor, to attend the court to support the public prosecution. Regarding the evidence in this case and the application of law, the following public prosecution opinions are issued."

"First, the facts of this case are clear, and the evidence is reliable and sufficient. The behavior of the defendant Morimoto has violated the provisions of Article [-] of the Criminal Law, which constitutes a crime of corruption."

"According to the provisions of the Criminal Law, the so-called crime of embezzlement refers to the state functionaries taking advantage of their positions to embezzle, steal, defraud or illegally occupy public property by other means. Any person who embezzles, steals, defrauds, or illegally takes possession of state-owned property by other means is regarded as embezzlement.”

"The evidence on file clearly shows that Morimoto is entrusted by state-owned legal persons and groups, and has relevant powers. For example, the "Employment Letter for Researcher at Kyoto University", relevant employment contracts and job descriptions issued by universities, production and research enterprises, etc., are sufficient to show that Morimoto is responsible It has the responsibility to properly manage and use the funds of production and research enterprises."

"Secondly, the accounting books and other retained materials of the production and research enterprises involved in the case can show that Morimoto used various means to extract, embezzle, and defraud public research funds. Bank records and other records further show that Morimoto used these funds for personal consumption Have fun and invest in real estate.”

"From the perspective of criminal motives, in the process of handling the affairs of the industry-research joint venture, Morimoto developed a desire for the life of luxury and money in the business world. Influenced by the real estate speculation in Kyoto, he dreamed of getting rich overnight. The public funds of production and research enterprises have the idea of ​​embezzlement."

"Whether it is the evidence in the case or Morimoto's personal subjective motives, it can clearly show that Morimoto's behavior has violated the provisions of the criminal law and constituted a crime of corruption."

The senior prosecutor's voice is like Hong Zhong Zhenshuo.Everything that he said, as if with unquestionable authority, was an ironclad fact.The sense of power between the words unconsciously made the audience obey his statement.

Yan Yong paused for a moment, and then spoke again:

"Second, regarding the application of law in this case, the public prosecutor especially explained to the court the following."

"Regarding the issue of the evidence qualifications of the "Morimoto Performance Statement" provided by the industry and research enterprises. Although there is no category corresponding to the "Statement" among the eight statutory types of evidence in the Criminal Procedure Law. However, for evidence, the most important It is whether the material truly and objectively reflects the facts of whether the suspect is guilty or not, and whether the crime is minor or serious. Even from the perspective of existing judicial precedents, in the past court cases, the "Statement of Situation " as an example of evidence adopted. In this case, the "Statement" provided by the industry and research company can correspond to the objective evidence of Morimoto's performance of duties, and there is no fiction, exaggeration, or shirk responsibility. Accordingly, the industry and research company in this case The "Statement of Situation" issued by the company can be accepted as evidence and can objectively reflect the facts of Morimoto's criminal behavior."

"As for the entry of public funds into Morimoto's bank account, whether it can show that Morimoto has the purpose of illegal possession. The discussion on this point must be viewed in conjunction with the legal interests violated by the crime of corruption. The legal interests violated by the crime of corruption are compound legal interests. The ownership of public property is violated, and the integrity of professional behavior is violated."

"That is to say, the act of corruption not only causes the embezzlement of public funds, but also damages the integrity of public office behavior. Therefore, the determination of the purpose of illegal possession should not only be considered from the perspective of the reality of embezzlement of public funds. The purity of conduct in public office must also be considered."

"In other words, the illegal possession in the crime of corruption does not require the actor to truly exclude the state's control over public funds and use them for personal consumption and enjoyment. As long as the actor violates the integrity of his public office, making the public Funds are in a state of high danger and may be embezzled anywhere. Then, in this case, the purpose of illegal possession of the crime of embezzlement is declared established. Therefore, the public money involved in the case enters the account of Morimoto Bank, which can prove that Morimoto purpose of illegal possession."

"Whether the excuse that Morimoto is not familiar with the enterprise's financial management system can show that he has no possibility of taking advantage of his position. In this regard, this excuse cannot prevent Morimoto from taking advantage of his position. In this case, the evidence on file has been It shows that Morimoto does have the relevant power to decide the allocation and use of funds among production and research enterprises. At the same time, in the compliance training provided by Kyoto University every year, it has repeatedly emphasized that it is necessary to abide by the relevant financial rules for the use of scientific research funds. Therefore, there is no Familiar with the enterprise's financial management system to justify, there is no room and room for establishment."

"About the relationship between the management of production and research enterprises and Morimoto's corruption. During the court investigation, the defender also pointed out that Morimoto's behavior did not constitute corruption, but a problem of internal management chaos in production and research enterprises. However, this is a kind of Absolutely ridiculous point of view."

"As a new type of pilot enterprise, production and research enterprises will inevitably have confusion and confusion at the beginning of management. However, this kind of internal management chaos is by no means a reason for Morimoto to practice corruption. Just like others put gold on the table, it absolutely does not mean that someone can just take the gold off the table. The management of production and research enterprises cannot prevent the illegality of Morimoto's behavior!"

Yan Yong’s public prosecution opinions are intertwined, like an airtight legal net spread out, only to hear him finally say loudly: “To sum up, there is no doubt that Morimoto’s behavior constitutes a crime of corruption. After he came to the case, he signed the” "Affidavit of Guilty and Punishment", and retracted the confession in court, and instructed the lawyer to defend his innocence. It is enough to see that he has no repentance, and his subjective viciousness is extremely deep."

"According to this, the public prosecutor believes that Morimoto should be held criminally responsible for the crime of corruption. It is recommended that the court sentence him to 14 years in prison and a fine, and recover his illegal gains, so as to set an example. If this is not severely punished, it will not be enough to seriously enforce the national law. , Qing Gang Ming Ji!"

(End of this chapter)