Tokyo Barrister: Start the law firm bankruptcy
Chapter 440 Cross-Examination of the Last Fact
Chapter 440 Cross-examination of the last fact
The young male lawyer on the opposite side launched a fierce attack on the prosecutor's office again.
Qian Hezi did not expect that the defense lawyer could counterattack to such an extent.Without the help of the Accounting Inspection Institute, the opponent is still able to hold on.
Should... maybe, even this time... there will be problems... maybe.
This thought suddenly flashed through Qian Hezi's mind, and her body froze immediately.However, she calmed down quickly, thinking about how to deal with the difficult defense lawyer.Chikako has always been proud.She graduated from the Faculty of Law of Keio University and was No.1 in their Faculty of Law.Passed the extremely difficult judicial examination in one go, and then passed the prosecutor selection examination, and came to Kyoto.In the internal trial of the prosecutor's office, she won the best prosecutorial debater in Kansai.
For Chikako, who has such an outstanding resume and has always been a top student, it is impossible for her to be willing to lose to the defense lawyer opposite.Today, the trial is a battle for her self-esteem and honor.
"The defender's cross-examination just now is not correct." Qian Hezi said, "In this case, the amount of subsidy for the city hall is not simply calculated based on the warehouse data of Adachi Information Industry Co., Ltd. At the same time, there is also the city hall Internal expenditure records are used as auxiliary materials. The calculations are made after combining the evidence of these materials."
"Just now, the defender divided the facts of the crime into two parts. On the grounds that reselling subsidized machinery does not constitute a crime, he believes that Morimoto does not constitute a crime either. This kind of argument is absurd. Corruption crimes have criminal elements stipulated in the criminal law. As long as the constitution of the crime is satisfied, Morimoto’s behavior constitutes corruption. Its behavior does not depend on whether the downstream machinery buyers constitute a crime. The so-called argument of the defense lawyer is simply untenable!"
Hearing this rebuttal, Bei Yuan sneered.
He moved his shoulder joints slightly, like a cold butcher who was about to wield a butcher's knife emitting cold light in this court.
"Even in terms of the constituent elements of the crime of corruption, the evidence in the case cannot prove that Morimoto, my client, committed the crime." Kitahara said calmly, "The premise of the crime of corruption must be that the money embezzled by the perpetrator is public. property. However, Morimoto’s embezzlement of public funds accused by the Public Prosecutor’s Office was a dividend from the Kumada Club.”
"The Kumada Club is a private club. Regardless of whether Morimoto actually received the so-called 'dividends' from the club. Even if he did get the dividends, Morimoto's behavior is not corruption. The so-called dividends are based on the income of the club. A dividend paid to shareholders in proportion to the shares.”
"The object of payment is the company's net income. In other words, what Morimoto obtained was the profit of the Kumata Club, not the subsidy from the Kyoto City Hall. After the city hall's subsidy entered the Kumata Club, it has been transformed from a public property to a club. Therefore, Morimoto’s income based on dividends can no longer be considered as subsidies. The so-called accusation of the prosecutor’s office has no factual basis!”
"Are you kidding!" Qian Hezi's beautiful eyes couldn't help but open up angrily, "If only such a shell is used, public property can be laundered into so-called club assets. All corrupt criminals in the world can be established A company. Transfer the public funds to the company, and then distribute the dividends to yourself. If the logic of the defender can be established, then there will be no more corrupt criminals in this world!"
When Beiyuan heard this, he immediately refuted it forcefully, "The public prosecutor is deliberately confusing different facts. It is one thing for a corrupt criminal to set up a company to distribute dividends to himself. The dividends received by shareholders of a company may include subsidies from administrative agencies. , is another matter."
"Just last year, the Attorney General of Kyoto Prefecture was fired for abusing his power and causing a scandal. Could it be that because the Attorney General of Kyoto Prefecture abused his power, I can say that you - Prosecutor Chigako also constituted abuse of power joint crime?! This obviously cannot be equated.”
"And, it's you guys who are joking!" Bei Yuan suddenly raised his voice.Like a lion sitting on the bank of a valley in the early morning, it roared violently, shaking the forest.
"My client, Morimoto, is not a shareholder of the Kumada Corporation's business registration information. On what basis do you assert that what Morimoto has obtained is the Kumada Corporation's dividends!"
"Of course criminals won't blatantly write his name in the shareholder register!" Qian Hezi retorted again, "This kind of dividend relationship, of course, does not refer to the so-called dividends in the company law, but to criminals. A ratio of spoils for the proceeds obtained!"
"Prosecutor, what sufficient basis do you have to accuse the money received in my client's account as embezzlement money?!" Beiyuan's voice sounded again, "In fact, the production and research company under Morimoto's name and the company involved in the case There are many business cooperation and capital exchanges in the company Kumata Corporation. Kumata Corporation also purchases parts and components for the maintenance of precision machinery from other production and research companies. Prosecutor, what evidence do you have to show that the funds received by Morimoto are the so-called The stolen money, not the funds generated by the business dealings of other production and research enterprises!"
"You!!" Qian Hezi was so excited that he couldn't speak for a moment.
However, in the next second, Beiyuan continued to speak: "At the same time, there are major flaws and contradictions in the allegations made by the prosecutor's office. You believe that Morimoto's so-called corruption is embezzlement of relevant subsidies through dividends. However, in another On the one hand, you have directly regarded the entire income of the Kumata Club as Morimoto’s corruption income. This calculation method is simply wrong. The prosecution should calculate the income after deducting the costs and taxes of the Kumata Club. This is the real net profit of the club!"
Chikako clenched her fists unconsciously.
The repeated rebuttals of the defense lawyer on the opposite side were like a [-]-pound plane bomb exploding in the ear.
Really...really going to lose again.
Absolutely... Absolutely not!
Chikako could not accept this result.The proud female prosecutor immediately gritted her teeth, stepped forward again, and said, "Even if it does not constitute a crime of corruption, Morimoto still approves the case knowingly that the approval materials involved are false. !!"
As soon as Qian Hezi's words came out, the courtroom became quiet in an instant.
The posture of the public prosecutor on the opposite side is already obvious, that is, no matter what, even if the crime of corruption cannot be convicted, Morimoto must be severely punished by the national law.
However, this silence lasted less than 5 seconds before it was broken again by that familiar male voice.
"If your prosecutor's office believes that what Morimoto committed was a crime of fraud, not a crime of corruption, then please withdraw the charge of this crime of corruption in court now, and then restart the investigation process according to the crime of fraud, and collect evidence that my client constituted a crime of corruption. Evidence of fraud!" said the lawyer from Tokyo in the courtroom.
(End of this chapter)
The young male lawyer on the opposite side launched a fierce attack on the prosecutor's office again.
Qian Hezi did not expect that the defense lawyer could counterattack to such an extent.Without the help of the Accounting Inspection Institute, the opponent is still able to hold on.
Should... maybe, even this time... there will be problems... maybe.
This thought suddenly flashed through Qian Hezi's mind, and her body froze immediately.However, she calmed down quickly, thinking about how to deal with the difficult defense lawyer.Chikako has always been proud.She graduated from the Faculty of Law of Keio University and was No.1 in their Faculty of Law.Passed the extremely difficult judicial examination in one go, and then passed the prosecutor selection examination, and came to Kyoto.In the internal trial of the prosecutor's office, she won the best prosecutorial debater in Kansai.
For Chikako, who has such an outstanding resume and has always been a top student, it is impossible for her to be willing to lose to the defense lawyer opposite.Today, the trial is a battle for her self-esteem and honor.
"The defender's cross-examination just now is not correct." Qian Hezi said, "In this case, the amount of subsidy for the city hall is not simply calculated based on the warehouse data of Adachi Information Industry Co., Ltd. At the same time, there is also the city hall Internal expenditure records are used as auxiliary materials. The calculations are made after combining the evidence of these materials."
"Just now, the defender divided the facts of the crime into two parts. On the grounds that reselling subsidized machinery does not constitute a crime, he believes that Morimoto does not constitute a crime either. This kind of argument is absurd. Corruption crimes have criminal elements stipulated in the criminal law. As long as the constitution of the crime is satisfied, Morimoto’s behavior constitutes corruption. Its behavior does not depend on whether the downstream machinery buyers constitute a crime. The so-called argument of the defense lawyer is simply untenable!"
Hearing this rebuttal, Bei Yuan sneered.
He moved his shoulder joints slightly, like a cold butcher who was about to wield a butcher's knife emitting cold light in this court.
"Even in terms of the constituent elements of the crime of corruption, the evidence in the case cannot prove that Morimoto, my client, committed the crime." Kitahara said calmly, "The premise of the crime of corruption must be that the money embezzled by the perpetrator is public. property. However, Morimoto’s embezzlement of public funds accused by the Public Prosecutor’s Office was a dividend from the Kumada Club.”
"The Kumada Club is a private club. Regardless of whether Morimoto actually received the so-called 'dividends' from the club. Even if he did get the dividends, Morimoto's behavior is not corruption. The so-called dividends are based on the income of the club. A dividend paid to shareholders in proportion to the shares.”
"The object of payment is the company's net income. In other words, what Morimoto obtained was the profit of the Kumata Club, not the subsidy from the Kyoto City Hall. After the city hall's subsidy entered the Kumata Club, it has been transformed from a public property to a club. Therefore, Morimoto’s income based on dividends can no longer be considered as subsidies. The so-called accusation of the prosecutor’s office has no factual basis!”
"Are you kidding!" Qian Hezi's beautiful eyes couldn't help but open up angrily, "If only such a shell is used, public property can be laundered into so-called club assets. All corrupt criminals in the world can be established A company. Transfer the public funds to the company, and then distribute the dividends to yourself. If the logic of the defender can be established, then there will be no more corrupt criminals in this world!"
When Beiyuan heard this, he immediately refuted it forcefully, "The public prosecutor is deliberately confusing different facts. It is one thing for a corrupt criminal to set up a company to distribute dividends to himself. The dividends received by shareholders of a company may include subsidies from administrative agencies. , is another matter."
"Just last year, the Attorney General of Kyoto Prefecture was fired for abusing his power and causing a scandal. Could it be that because the Attorney General of Kyoto Prefecture abused his power, I can say that you - Prosecutor Chigako also constituted abuse of power joint crime?! This obviously cannot be equated.”
"And, it's you guys who are joking!" Bei Yuan suddenly raised his voice.Like a lion sitting on the bank of a valley in the early morning, it roared violently, shaking the forest.
"My client, Morimoto, is not a shareholder of the Kumada Corporation's business registration information. On what basis do you assert that what Morimoto has obtained is the Kumada Corporation's dividends!"
"Of course criminals won't blatantly write his name in the shareholder register!" Qian Hezi retorted again, "This kind of dividend relationship, of course, does not refer to the so-called dividends in the company law, but to criminals. A ratio of spoils for the proceeds obtained!"
"Prosecutor, what sufficient basis do you have to accuse the money received in my client's account as embezzlement money?!" Beiyuan's voice sounded again, "In fact, the production and research company under Morimoto's name and the company involved in the case There are many business cooperation and capital exchanges in the company Kumata Corporation. Kumata Corporation also purchases parts and components for the maintenance of precision machinery from other production and research companies. Prosecutor, what evidence do you have to show that the funds received by Morimoto are the so-called The stolen money, not the funds generated by the business dealings of other production and research enterprises!"
"You!!" Qian Hezi was so excited that he couldn't speak for a moment.
However, in the next second, Beiyuan continued to speak: "At the same time, there are major flaws and contradictions in the allegations made by the prosecutor's office. You believe that Morimoto's so-called corruption is embezzlement of relevant subsidies through dividends. However, in another On the one hand, you have directly regarded the entire income of the Kumata Club as Morimoto’s corruption income. This calculation method is simply wrong. The prosecution should calculate the income after deducting the costs and taxes of the Kumata Club. This is the real net profit of the club!"
Chikako clenched her fists unconsciously.
The repeated rebuttals of the defense lawyer on the opposite side were like a [-]-pound plane bomb exploding in the ear.
Really...really going to lose again.
Absolutely... Absolutely not!
Chikako could not accept this result.The proud female prosecutor immediately gritted her teeth, stepped forward again, and said, "Even if it does not constitute a crime of corruption, Morimoto still approves the case knowingly that the approval materials involved are false. !!"
As soon as Qian Hezi's words came out, the courtroom became quiet in an instant.
The posture of the public prosecutor on the opposite side is already obvious, that is, no matter what, even if the crime of corruption cannot be convicted, Morimoto must be severely punished by the national law.
However, this silence lasted less than 5 seconds before it was broken again by that familiar male voice.
"If your prosecutor's office believes that what Morimoto committed was a crime of fraud, not a crime of corruption, then please withdraw the charge of this crime of corruption in court now, and then restart the investigation process according to the crime of fraud, and collect evidence that my client constituted a crime of corruption. Evidence of fraud!" said the lawyer from Tokyo in the courtroom.
(End of this chapter)
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