Tokyo Barrister: Start the law firm bankruptcy

Chapter 450 Job Convenience
The debate in court has entered a highly heated stage.The arguments on the legal characterization of Morimoto's behavior by both sides of the debate have reached an unprecedentedly difficult field.In the courtroom, there seemed to be two giants facing each other vaguely, each looking for the moment when the other showed its flaws, so as to deliver an unprecedented violent blow.

Iwanaga again focused his attack on Morimoto's responsibility to manage public funds for production and research companies.

The prosecutor is confident that as long as he seizes this point and attacks violently, the opponent will definitely be unable to parry.

As long as this point is grasped, no matter how the other party argues that Morimoto's behavior is just a violation, it will be useless.

This is a steel cannonball that can kill the opponent!
The eyes of many university managements in the auditorium once again converged on the defense seat.For now, the prosecutor is firmly grasping that Morimoto has the authority to manage funds.In this way, the defense logic of previous lawyers will be completely broken down.How else can the other party's lawyer refute it?

Sensing the gazes gathered in the auditorium, Bei Yuan sneered again.

The young male lawyer is still standing in court.

The prosecutor's sudden, charged blow seemed to have had no effect on him.

He patted his suit jacket lightly and took a step forward.

Just this one step forward, for some reason, seems to have caused some kind of strange fluctuation in the courtroom at this moment.

The court debate between the two parties has been going on for a long time. To some extent, the debate stage of this case is coming to an end.In this case, what kind of waves will this male lawyer make?
Looking at the young man's expression, Yan Yong frowned slightly.The prosecutor's heart immediately began to work rapidly, calculating the counterattack path that the defense lawyer in front of him might launch.However, how could he resist?It is an unequivocal fact that Morimoto has the power to manage the funds of production and research enterprises, and it cannot be refuted in any way.

The corners of the male lawyer's mouth curled up slightly.

The expression on his face seemed to declare that he had the absolute strength to dig out the possible from the impossible.

The next second, Beiyuan's voice sounded:

"The chief judge. 'Taking advantage of one's position' is an indispensable component of corruption crimes. Only when one person embezzles public funds by taking advantage of one's position does it constitute corruption."

"However—" Beiyuan changed the subject, and then said:
"The so-called 'taking advantage of one's position' should refer to using 'one's own position', not 'other people's position'."

Like a sound of 'Zi', Beiyuan's simple words tore apart a corner of the net in front of him in an instant.

[Taking advantage of one's position should not include "taking advantage of another's position"]

The male lawyer posed a whole new problem to the court.

Taking advantage of... taking advantage of other people's position is not taking advantage of position? !Hearing Bei Yuan's point of view, Yan Yong's face, which has always been devoid of emotion, had to be turbulent, and his eyes widened uncontrollably.

Beiyuan stood in the courtroom, looked at the trial seat, and continued: "The chief judge. The defender admitted that Morimoto did have the power to manage the funds of the production and research enterprises involved in this case. But the question is whether the power Morimoto possesses is related to The final decision on the use of funds?"

"Obviously not. Among the production and research enterprises, those involved in the allocation and use of funds include finance, cashier, accounting director, financial manager, chief financial officer, and even the president. Even though Morimoto has the management authority over the public funds involved in the case, but Its authority is not the final say on the use of funds.”

Beiyuan pulled out stacks of materials from the defense seat behind him, "The defender has also submitted relevant materials from the Accounting and Inspection Office during the court investigation stage. These materials fully demonstrate that the so-called fraudulent behavior of the party involved Morimoto is in fact It is common in academia. It is impossible for the relevant management of the production and research enterprises involved in the case to be unaware of Morimoto's approach."

"In other words, the management of production and research companies also understand that in order to use scientific research funds, they have to adopt some flexible methods to bypass the rigid scientific research fund use system."

"Morimoto did use some false materials to reimburse the club. However, what if the financial manager and accounting director who accept Morimoto's reimbursement also know that the materials provided by Morimoto are false? What if they also know that this is from a production and research enterprise' Unspoken rules' and give the green light?"

"If the superior knows that the material provided by Morimoto is false, but still approves it. Then, in this case, the power used by Morimoto is actually not his own power, but the power of the management of the production and research enterprise. .It takes advantage of someone else's authority, not its own."

"The provisions in the criminal law on 'taking advantage of one's position' should be understood as 'using one's own position', and should not be interpreted as 'using other people's position'. The convenience of the position used is not the authority of the person himself, and does not meet the criminal constitution stipulated in the crime of corruption."

Bei Yuan's voice fell.

At this moment, the entire courtroom became extremely silent.

The air seemed to stop flowing.

Even the extremely experienced prosecutor Yan Yong couldn't help being stunned.

Actually, by arguing that Morimoto's power is not his own, he denies the criminal constitution of "taking advantage of his position" in the crime of corruption.

Yan Yong's eyebrows trembled.At this moment, he finally had to admit - this young man named Beiyuan, his strength was indeed beyond his imagination.

Yan Yong gritted his teeth slightly, and immediately took a few steps forward, "Chief referee! How can 'using the convenience of one's position' not include taking advantage of the convenience of other people's positions. Use your own influence to make others exercise their power according to your own intentions. This obviously also constitutes 'official convenience'. 'Taking advantage of one's position' definitely includes 'taking advantage of others', and the defender's logic simply does not hold!"

Beiyuan looked at the furious prosecutor in front of him with a smile, and said lightly, "'Taking advantage of other people's position' can only be established in one situation, and that is to use the position of one's own subordinates. However, in this case, Obviously there is no such situation.”

"When others hold higher power than oneself, the high-ranking person should be responsible for the power exercised by him. If in law, 'taking advantage of his position' can also include the subordinates taking advantage of the power of the high-ranking person, then we still have to What do you need the superiors to do? Isn't it true that all the dereliction of duty of the superiors can be pushed to the heads of the subordinates."

"Prosecutor Yan Yong wants to convict, of course it doesn't matter. But the premise is that the high-ranking person is identified as a corrupt criminal and Morimoto is treated as an accomplice. Only in this way can Morimoto's guilt be established. If the high-ranking person in this case is not guilty, then Morimoto's behavior of taking advantage of the power of the superior must also be innocent!"

(End of this chapter)