Tokyo Barrister: Start the law firm bankruptcy

Chapter 425 Illegality

The defense lawyer's words resounded in the courtroom, and at this moment, the aura exuded by Bei Yuan was even stronger than that of the prosecutor.Even the expressions of the three judges sitting on the trial bench couldn't help but change slightly, obviously touched by this discussion.

Yan Yong sat on the seat, his facial muscles tensed up a little, and his demeanor looked particularly eerie and frightening.He really didn't expect that this seemingly foolish lawyer could push Chikako to such a point.Although Chigako is young, she has handled nearly 300 public prosecution cases and is definitely a powerful prosecutor.

"It's still the same sentence, Chikako." Yan Yong said, "Don't be scared by that kid. If he wants to question the evidentiary qualifications of the "Statement of Circumstances", let him question it. Even if it does not belong to the Eighth Congress of the Criminal Procedure Law Statutory evidence types, but in practice there are a large number of cases where the court accepts such documents as evidence, let this lawyer say whatever he wants!"

Qian Hezi swallowed her throat and nodded slightly, "Okay, Prosecutor Iwanaga."

The female public prosecutor's complexion was still pale, and she seemed to have not recovered from Beiyuan's attack just now.

Judge Sakuma sat on the bench, bowed his head and thought for a while.The Beiyuan lawyer's cross-examination of the "Statement of Situation" has to be said to have inspired him a lot.After a while, he immediately raised his head and said, "We already know the defense lawyer's cross-examination opinion. The collegial panel will seriously consider it and make a judgment according to the law. Please continue to cross-examine."

As soon as the chief referee said these words, many eyes focused on the defense lawyer again.

Indeed, this lawyer named Beiyuan made a wonderful argument on the issue of Morimoto's authority in the club. However, the evidence in black and white, and the bank statements all show that Morimoto has indeed used the company's funds. Take it out and distribute it to yourself and other club staff.How will the defense lawyer cross-examine the fact of embezzling public funds.

After receiving the referee's instruction, Bei Yuan's complexion quickly returned to normal, the fierce expression disappeared, and a peaceful smile appeared on his face in an instant.It was as if the loud reprimand just now had never happened.

From the defense seat behind him, Bei Yuan took out a file and opened it, and said, "I would like to draw the court's attention to the third set of evidence presented by the public prosecutor, the employment agreement signed by the twelve researchers involved in the case and the club, and the researcher's bank. Account records and other materials."

"These materials can actually prove that the behavior of my client, Morimoto, does not constitute corruption."

Beiyuan's voice was not loud, but it was like a stone thrown into a calm lake, suddenly stirring up waves again.There was a lot of commotion in the auditorium.Many people couldn't help whispering and discussing.What's going on? !The evidence presented by the prosecutor's office can actually prove the innocence of the defendant in turn? !
Hearing these words, Yan Yong raised his eyebrows.If it is said that the lawyer's cross-examination just now swept the face of the prosecutor's office to a certain extent, then these words are like a direct slap in the face of the prosecutor's office.The senior prosecutor couldn't help but snorted coldly, as if he didn't believe that the prosecutor's office would make such a low-level mistake.

The corners of Beiyuan's mouth curled up, and he continued: "The chief referee, please pay attention to the employment agreement signed by the twelve researchers and the club. We know that for research-oriented professionals, companies must work hard if they want to find suitable candidates. , to attract these outstanding researchers.”

"In Article No. 20 of the employment agreement, in addition to wages, the Cangqiao Club also gives researchers a one-time reward such as settling allowances and personal development guarantee funds, totaling about 800 million yen. The amount will vary with the salary of each researcher. Degrees and academic abilities have been adjusted."

"However—" Beiyuan suddenly changed the subject, "Although the Cangqiao Club has this provision in the above-mentioned contract, until today, the Cangqiao Club has not fulfilled its contract commitments and issued relevant one-time rewards to the club's researchers. That is Said that the Cangqiao Club has long been in arrears with the club's researchers for a large sum of one-time subsidies."

Miyagawa next to him also stood up, and handed out a pile of A4 papers to Beiyuan. At the same time, she herself showed one after another A4 papers.

But on the A4 paper, there is a screenshot of a post on an online forum called doctorjob.The impressive title of the above post is "Pit! !I advise all doctoral graduates not to come to Cangqiao Club to work! ".There are nearly a thousand replies and discussions in the post.The core content of these Internet users' discussions is one point - the Cangqiao Club broke the contract and did not issue talent subsidies in accordance with the contract.

Beiyuan took the screenshots of these posts and said, "Chief referee, the doctorjob online forum is a forum for doctoral graduates to communicate about job hunting. From the screenshots of these posts, we can see that there are a large number of researchers from the Cangqiao Club here. Vent dissatisfaction and accuse the company of not delivering the promised rewards."

"In fact, as early as more than a year ago, the researchers of the club had disputes with the company on the issue of one-time subsidies, and collective conflicts broke out."

"In this case, the evidence on file does show that Morimoto has violated the company's financial management regulations." Beiyuan said, "However, it is a wrong characterization of the facts to regard this so-called 'extortion of funds' as corruption. When we take into account the background of the economic disputes between the company's researchers and the Cangqiao Society, the judgment of the nature of the facts will completely change."

"In other words, Morimoto's behavior was not corruption. The funds he obtained were actually a one-time subsidy that the Cangqiao Club should have given to the research institute. Under the existence of economic disputes, the private relief behaviors carried out by employees."

"For example." Bei Yuan began to stroll in the court, "a man suddenly took my wallet and ran away. I chased after him, and when I caught up with him, he didn't know where he hid the wallet. So, in a fit of anger, I took his mobile phone away to pay off the debt."

"In this example, if you want to apply the provisions of the criminal law mechanically, then my act of taking away the thief's mobile phone undoubtedly constitutes a crime of robbery. However, everyone feels that in this example, if I am convicted of robbery, Do you think it is reasonable?"

"Obviously not. A crime that complies with the criminal law does not mean that it is a crime. It is necessary to further consider whether there are illegal obstacles." Beiyuan's voice sounded in the court, pushing his discussion to the most profound level place, "just as a doctor using a scalpel to cut a patient's belly does not constitute the crime of intentional injury. Medical behavior is the basis for the doctor's use of a scalpel to destroy human tissue. Similarly, in this case, Cangqiao Club and The economic disputes of the researchers involved in the case also constitute illegal grounds for deterrence."

"My client, Morimoto, is not engaged in corruption, but a private relief act of returning the one-time subsidy owed to the researcher by the Cangqiao Club!"

(End of this chapter)