Tokyo Barrister: Start the law firm bankruptcy

Chapter 446
"Take a step back." Beiyuan responded unhurriedly, "Even if the public prosecutor's point of view is correct, the embezzlement of expected earnings does constitute corruption. However, the prosecutor's office must also bear the corresponding burden of proof."

"Specifically, the prosecution must provide evidence to prove the following four points. First, what is the expected earnings of the scientific research projects involved. Second, what is the basis for obtaining the expected earnings figures. Third, the method of evaluating the expected earnings of scientific research projects The rationality of itself. Fourth, the causal relationship between Morimoto’s behavior and the failure of corporate earnings to meet expectations.”

"If you fail to prove the above four points, it should be deemed that the prosecutor's office failed to provide evidence to prove that Morimoto's behavior embezzled public property!"

In an instant, the defense lawyer immediately counterattacked from the perspective of the burden of proof. Within a few words, he actually disintegrated the thunderous offensive launched by the prosecutor one by one.

Yan Yong narrowed his eyes slightly.After a little thought, he decided to switch the angle of attack again.The senior prosecutor said, "Chief referee. Whether the money Morimoto took away belongs to the surplus of public funds or the company's own funds, it does not affect the nature of Morimoto's behavior."

"The reason is very simple. I would like to draw the court's attention to the special nature of the production and research enterprise in this case. The production and research enterprise is not an ordinary business association. It signed a relevant agreement with the university, voluntarily limiting most of its rights to itself, in exchange for scientific research funds Injection. Specific restrictions include that the directors of industry-research enterprises must have university personnel, and the official seal of the relevant clubs is jointly supervised by university personnel. These concessions all show that industry-research enterprises cannot be equated with ordinary private clubs. The cooperation agreement has essentially transformed the production and research enterprise into a quasi-public enterprise. The production and research association must operate in accordance with the purpose of promoting scientific progress."

"Therefore, the nature of production and research enterprises is special. Even the so-called self-owned surplus of enterprises cannot be completely regarded as private funds! The defender's point of view is deliberately blurring the nature of production and research enterprises!"

Another turbulent attack from the prosecutor came.

This time, Yan Yong directly grasped the nature of the production and research enterprise and launched an attack.If the entire production and research enterprise is considered to be a public enterprise, then the debate over whether Morimoto borrowed the company's own funds or public funds will no longer exist.

Beiyuan fiddled with the tie on his body a little, but the expression on his face was still calm and calm.He opened the mouth and said: "The prosecutor's view that the nature of the production and research enterprise is public is not correct. Judging from the company registration information of the municipal office, the classification of the production and research enterprise involved in the case is still a profit-making legal person, not a public welfare Legal person. That is to say, the official legal classification on their company registration materials is a private association, and there is no publicity as the prosecutor calls it.”

"Secondly." Beiyuan took out an A4 piece of paper from the defense seat behind him, on which was an introduction to the industry-research cooperation strategy, "At the beginning, the purpose of Kyoto University's implementation of the industry-research cooperation strategy was to transfer the aggressive spirit of pursuing commercial profits to Introduced into the academic world to sweep away the boring bureaucratic atmosphere in the academic world. Therefore, from the purpose of the industry-research cooperation strategy itself, it is difficult for us to conclude that the company involved is a quasi-public company."

"At the same time—" Beiyuan's voice continued, "The agreement involved in this case cannot be interpreted as a public agreement at all. It is a purely civil and commercial agreement. Restrictions on the company's directors, official seal, personnel and other arrangements are common parent companies. Control arrangements for subsidiaries. These rules and restrictions cannot be regarded as evidence of the public nature of the companies involved.”

"In fact, even if my client, Morimoto, violated the rules, his violations only violated the contract on the use of scientific research funds signed between the university and the production and research enterprises. For such violations, the civil law related to the violations shall be investigated directly in accordance with the civil law. Responsibility is enough. For general breach of contract, it must not be easily raised to the level of criminal law. Penalties must be used as a last resort, and criminal regulations must maintain their modesty.”

"Nonsense!" Yan Yong amplified his voice again, "In the case of embezzlement of such a huge amount of money, the so-called restraint of the punishment is still maintained. This is conniving the heinous criminals!"

"The reason why the agreement involved in this case is public is very simple. That is, after the scientific research funds enter the industry-research joint venture, they still need to abide by the corresponding use rules. This shows to some extent that the public scientific research funds involved in the case have not been fully converted. It becomes the private property of the club. Therefore, from this point of view, due to the injection of public funds, the production and research enterprises must also be public!"

Beiyuan sneered, "The reason why the public prosecutor has repeatedly entangled in the so-called public nature of the problem, in the final analysis, is to prove that Morimoto has embezzled public property. However, this argument requires two links. The first is the embezzled The property is public property. The second is the existence of the act of embezzlement itself."

"As far as the second point is concerned, the Association for Academic Promotion has given the evaluation criteria of 'recognition' in the assessment and evaluation of the companies involved in the case and the review of various projects in previous years. The review by the Academic Promotion Association includes both the progress of research The review also includes the review of the rationality of the use of scientific research funds. Judging from the results of the review of these companies involved in the case by the Association for the Promotion of Science, it can prove that the degree of violation of Morimoto’s behavior is not serious and has not reached the level of crime.”

"That is to say, the companies involved in the case and the use of related funds have been reviewed and verified by the Association for the Promotion of Academic Affairs, and it has been confirmed that there are no obvious problems. In the case of obtaining the relevant legal endorsement, the prosecutor's office still insists on going its own way and prosecutes Morimoto. Is it true that the prosecutor Iwanaga Are you confident that you know more about scientific research than the professionals of the Academic Promotion Association?!"

"It's really confusing black and white!" Yan Yong retorted loudly.The senior prosecutor's eyebrows trembled, he straightened his upper body slightly, and his expression became more severe, "The 'recognition' evaluation given by the Association for the Promotion of Academic Affairs not only cannot justify Morimoto. On the contrary, it is Morimoto who deceived the Association for the Promotion of Academic Affairs , It is conclusive proof that the country has misunderstood the true use of scientific research funds!"

"Morimoto used these untrue expenses to deceive the Association for the Advancement of Academic Affairs into giving an acceptable evaluation in the so-called 'assessment and evaluation' of the defender. This further proves the criminal fact that Morimoto used means to defraud funds from industry and research companies! "

Yan Yong's momentum once again increased a bit.

Those majestic reprimands were like thunder exploding in the court.

In the midst of lightning and thunder, the two lawyers on the opposite defense table suddenly seemed weak.In the precarious situation, whether they can convict Morimoto in court debate...

(End of this chapter)