Tokyo Barrister: Start the law firm bankruptcy

Chapter 444 Indirect Intention
In the courtroom, the young male lawyer's defense opinion was like the explosion of a train cannon in World War II.The defender once again raised a very difficult question.If the production and research enterprises themselves have income from foreign operations.Then, this part of the income is mixed with public research funding, and it is impossible to distinguish one from the other.In this way, how can it be determined that the funds Morimoto borrowed must be public funds?

If it cannot be determined that the funds obtained by Morimoto are public funds, the premise of the crime of corruption will be completely broken.

Many people in the auditorium couldn't help but widen their eyes.A seemingly inconspicuous point, but at this moment, it has the effect of piercing through the prosecution's accusation and turning the situation around again.This is the defense lawyer's almost inverting black and white debate skills.

Yan Yong snorted, expressing disdain.

As a senior prosecutor, he has seen too many storms.

Indeed, this lawyer named Beiyuan has two brushes.Always be able to seize some unexpected angles to counterattack.However, this is not enough.Just to this extent, to defend the defendant's innocence and try to overturn all the charges of the prosecutor's office, it is too small to underestimate the prosecutors of this country!
Yan Yong immediately stood up, showing a somewhat provocative sneer, and said: "The defender believes that in the company's public accounts, public funds and the company's own funds are mixed together, so that Morimoto's behavior can be justified. This The excuse does not hold.”

"The mixing of public funds and self-owned funds not only cannot prove Morimoto's innocence, but on the contrary, it is a key factor in proving Morimoto's crime."

The prosecutor's voice fell, and the eyes of the court could not help but gather.Those who just heard the defense lawyer's opinion couldn't help but wonder how the prosecutor would refute the lawyer's argument.

I could only hear Yan Yong's voice saying, "Morimoto clearly knows that there are both public funds and self-owned funds in the public account. Even though he doesn't know whether the funds obtained by fraud are indeed public funds or club income, Morimoto has already accepted the fraud. The results of the public funds are laissez-faire. The defender's point can just prove that Morimoto has the indirect intention of committing corruption crimes!"

【Indirect intent】

[The so-called "indirect intention" refers to the psychological attitude of knowing that one's actions will cause harmful results to society, and allowing such harmful results to occur.Corresponding to "indirect intention" is "direct intention".That is to say, the actors know that their actions will cause socially harmful results, but still hope that such results will happen.Those who hold "indirect intention" are just "letting go", while "direct intention" is "hope". 】

"The subjective intention of the crime of corruption obviously cannot include 'indirect intention'." Beiyuan stood in front of the defense stand with a calm expression, "If the public funds are only allowed to be embezzled, it cannot be concluded that the perpetrator has the right to exclude the permanent possession of public funds by the state. mean."

"For example." Beiyuan continued, "If a public official withdraws funds from the agency and uses them to buy and sell stocks. Whether the stocks will rise or fall, the result is uncertain. If there is a possibility of profit, It is also possible to lose money. The imaginary criminal obviously has a laissez-faire attitude towards the possibility of losses caused by the use of public funds to buy and sell stocks. However, this laissez-faire attitude does not necessarily mean that he does not have the intention of returning the embezzled public funds. Therefore, the subjective intention of the crime of corruption cannot contain indirect intention!!"

The lawyer's rebuttal collided strongly with the prosecutor's point of view.

This collision instantly brought the court debate on corruption into an extremely cutting-edge and difficult realm.

Can the subjective intention of the crime of corruption be "indirect intention"?

Allowing public funds to be embezzled, can it be concluded that the perpetrator himself has the intention of embezzling public funds?

Judge Sakuma sat on the referee's seat, frowning slightly. It was obvious that another very difficult legal issue was before him.As a monk with a talent for studying criminal law, this judge has been keenly aware that if this issue is appealed to the Kyoto Prefectural High Court, the judges there will definitely be eager to try to change the judgment on this issue into an oriental one. has an influential jurisprudence.

What a headache.

Judge Sakuma's eyes fell on the defense lawyer.The former Judge Takanashi once told him that the Kitahara lawyer seemed to have a magical power that could bring about changes in his surroundings.Now, Judge Sakuma has truly realized the meaning of Takanashi's words.

In near-impossible cases, incredible perspectives are unearthed.

But these unbelievable arguments, you can't deny it outright.

Because these arguments are really tenable, they really must be responded to in the referee document.

To be able to do this in a criminal case is no longer a skill, but an art, Judge Sakuma sighed inwardly.

At this moment, Yan Yong once again reprimanded strongly: "Although indirect intention is laissez-faire, but when this laissez-faire reaches a certain level, for example - it is already known that it will almost certainly cause loss of public funds, it certainly meets the subjective intention required by the crime of corruption. This case The situation in the case is quite different from the situation in which the defender just raised funds to speculate in stocks. There is a high degree of uncertainty in the rise and fall of stocks. However, under the circumstances that the company’s public accounts already include public funds, even a three-year-old child can Knowing that the funds obtained from it have a high probability of including public funds. In this case, Morimoto's indirect intention certainly meets the criminal requirements of the crime of corruption!"

The senior prosecutor's voice was amplified a little, and the refutation was like a heavy hammer directly hitting the court.

People can't help but be shocked.

Can the defense lawyer on the opposite side fight back?Many citizens in the gallery thought so.

Sancheng sat on the seat, almost holding her breath, her hands were clenched into fists unconsciously, and she didn't even realize that the artificial nails on her hands had already been embedded in her flesh.

At this moment, Kitahara's voice sounded again, "I think Prosecutor Iwanaga has missed a very important fact. Three years ago, in order to reform the low efficiency of production and research enterprises, the Faculty of Engineering of Kyoto University launched independent management. The reform of the contracting system. Under the reform of the contracting system, production and research enterprises can retain 65% of their income, and this ratio is applicable to the balance of scientific research funds. That is to say, as long as the scientific research tasks of the corresponding universities are completed, the production and research enterprises You can keep 65% of the funds and use them freely. It is no longer like in the past, all profits must be under strict supervision.”

"In other words, unless Morimoto's extortion of funds exceeds 65% of the company's profits, otherwise, those below this ratio should be regarded as the company's own funds! The evidence on file shows that the proportion of Morimoto's extortion of funds involved in the case is much smaller than that of the company involved in the case. 65% of the profits of production and research enterprises. Therefore, the embezzlement of public property required by the crime of corruption is absolutely impossible!"

(End of this chapter)