Tokyo Barrister: Start the law firm bankruptcy

Chapter 445 Anticipation
In the auditorium, some people in the criminal law field who are concerned about the Kyoto University corruption case could not help but show a surprised expression when they saw that the trial was so controversial.They have long heard that the senior prosecutor Yan Yong on the opposite side voluntarily rejected the promotion opportunity to the High Prosecutor's Office.Therefore, they are very clear that this prosecutor must have an extremely high level of public prosecution.However, looking at it now, the young defense lawyer on the opposite side also behaved on par.

Since when?There are still such young people in the legal profession? !

Hearing Bei Yuan's rebuttal, Yan Yong still stood firmly in place, and there was no wave in his expression.Since this young man wants to play, he will play with you.

The senior prosecutor has handled more than a thousand public prosecution cases.The procuratorial ability honed by thousands of public prosecutions has already reached an extremely astonishing level.Soaked in cutting-edge criminal cases one after another, it can be said that Yan Yong's understanding of some public prosecution charges far exceeds that of some university scholars and judges, and he is at the forefront of the criminal law field.

Yan Yong took a step forward and said in a deep voice, "The defender believes that as long as the amount of funds obtained is less than the proportion of the company's own funds retained, it is not considered corruption. This view is completely wrong. How do you define a criminal in a crime of corruption? The proceeds can be taken in two different ways.”

"The first is the positive method. We directly measure the benefits obtained by the criminal to define his income. The second is the negative method. When it is difficult to measure the criminal's income, we can measure the public The losses suffered by funds are used to indirectly define Morimoto’s criminal proceeds.”

Iwanaga continued in a steady voice, "The defender claims that the funds that Morimoto obtained belonged to the company's own funds, so there was no embezzlement of public property. If there is a loss, then it must be proved that Morimoto has caused the consequences of encroaching on public property."

Hearing this sentence, Miyagawa couldn't help standing up on the defense seat, and said: "The premise of the prosecutor's argument itself has already made a mistake. If all the funds obtained by Morimoto belong to the company's own income, then it will lead to How can the conclusion of the loss of public funds be derived?!"

"Oh——is that so?" Yan Yong smiled contemptuously.

The prosecutor's voice sounded immediately, and he was persuasive, "In this case, Morimoto's main method or most of the methods used to extract funds were to fabricate the fact that expenditures occurred, so as to obtain the club's income by means of reimbursement. money."

Yan Yong turned to look at the judging seat, and said, "Chief referee. This kind of fictitious expenditure will inevitably increase the cost of operating the enterprise. For example, a project could have been completed at a cost of 1000 million yen, but now it is due to Morimoto's fictitious expenditure. Due to the existence of expenditure behavior, 300 million yen must be spent to complete it.”

"This invisibly increased cost has caused additional loss in the completion of scientific research activities. The existence of this loss just proves that public funds have suffered losses. And if there is a loss, there must be gains. When public funds are lost , there must be a corresponding winner.”

"Currency will not disappear out of thin air." Yan Yong said with a raised mouth, "It is either in the hands of one person or in the hands of another person. If it is not in the account of the production and research company, then it can only be Located in Morimoto's account."

"So!" The senior prosecutor suddenly raised his voice, "In this case, Morimoto's behavior of extorting funds increased the research cost of scientific research projects and caused additional expenditures for public funds. This additional expenditure, namely It is evidence of the loss of public funds. The defender claimed that public property was taken as the grounds for the so-called Morimoto's acquisition of the company's own funds, and there are irreparable loopholes!"

In an instant, Yan Yong launched a powerful counterattack again.

Under the almost irrefutable arguments put forward by the defendant's lawyer, he unexpectedly broke a road abruptly.

This is the terrorist power contained in the prosecutor proposed by the High Prosecutor's Office.

Miyagawa opened his mouth slightly. He didn't expect that the other party could refute from this angle. For a while, he couldn't respond.

At this moment, the young male lawyer in the court rang again.

Kitahara also looked at the trial seat and said, "Chief referee. The prosecutor's point of view actually contains an absurd premise. Just now, Prosecutor Yan Yong said that a scientific research project could have been completed at a cost of 1000 million yen. But because of Morimoto's actions, it cost 300 million yen to complete."

"In this example, there is a fundamental error. That is, he assumes that the expected cost of a scientific research project can be calculated. And based on this expectation, we calculate the corresponding expected surplus. As long as the expected surplus of public funds, If the preconceived idea is not reached, then it is considered that there is a loss of public property here."

"However, as the defenders mentioned before - the fundamental nature of research activities is the exploration of the unknown. Since it is an exploration of the unknown, research activities will naturally carry great uncertainty. We have no way of predicting a project Can it really be done at a cost of 1000 million yen?"

"The real foothold of Prosecutor Iwanaga's argument is actually the expected profit of corruption, whether it is corruption or not."

[Corruption of expected profits, does it belong to corruption]

Following the controversy raised in the previous trial that "subjective intention in the crime of corruption does not include indirect intention", after the fall of Beiyuan's voice, another huge and difficult legal issue was thrown out.

"Does the expected profit from corruption belong to corruption?" Beiyuan continued, "The defender believes that the answer to this question should be no. The expected surplus does not belong to the realized surplus. It does not belong to the state-owned legal person. Public property. Property must be a reality, a tangible thing or economic benefit that can be controlled. Therefore, the prosecutor’s claim that Morimoto encroached on the expected surplus of public scientific research funds as a crime of corruption is not valid!"

"No!" Yan Yong immediately confronted, "The defender is exaggerating the uncertainty of scientific research activities. It is true that some scientific research projects have a high degree of uncertainty. However, this is not the case for all types of scientific research projects. In some For relatively simple scientific research projects without high complexity, the estimation of their expenditure can be relatively accurate. In this case, this expected surplus will become a certain surplus. Therefore, for this surplus The infringement will constitute the embezzlement of public property. Morimoto should be convicted!"

(End of this chapter)