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Chapter 159 Cross-Examination

As the defense lawyer's questions ended, the faces of the university's senior officials in the auditorium all looked extremely ugly. Some people even started to curse in a low voice, wondering why the lawyer had copied the plagiarism case from ancient books and pursued it all the way to the Morimoto corruption case. This

What happened to a lawyer named Kitahara that caused him to go against the university at every turn?

"Now, the interrogation of the defendant is completed." Judge Sakuma announced, "The court investigation continues, and the prosecutor will present the evidence in this case."

Iwanaga listened to the judge's instructions and smiled meaningfully. It was inevitable that the defense lawyer had taken advantage of the defendant's questioning. It is estimated that they had already been discussing in the detention center for a long time on how to proceed.

During the question-and-answer session in the court, they acted and cooperated with each other.

However, the following program is not that simple.

Iwanaga is confident because, to a certain extent, the prosecutor's office can conduct a disguised "evidence raid" in criminal trials.

[Criminal trial·Disguised evidence raid]

[In criminal trials, prosecutors often conduct "disguised" evidence raids. Generally speaking, evidence raids in civil cases often involve submitting too little evidence, and the parties do not suddenly submit new evidence until the scene. In criminal cases, however,

, it is completely reversed. The prosecutor often transfers all criminal investigation files to the court. In the face of a massive amount of materials, the defense lawyer often does not know which material is the evidence that the prosecutor wants to present in court.]

In other words, in criminal cases, the prosecutor submits so many materials that the lawyers have no way of knowing what evidence they are going to submit to the court, thus forming a disguised evidence raid.

Iwanaga held a piece of paper with evidence in his hand and stood up slowly. He looked at Kitahara opposite him with the corner of his eye. The other party's lawyer had only received this commission for a little more than a week, and it was absolutely impossible to present the evidence in this case.

Make effective cross-examination.

Iwanaga's sonorous voice rang out: "Next, the prosecutor will present the first set of evidence. The first piece of evidence is the employment letter of Kyoto University researcher, the second piece of evidence is the defendant Morimoto's salary schedule, and the third piece of evidence is the employment certificate issued by Kyoto University.

"Explanation on Morimoto's employment status", the fourth piece of evidence is Morimoto's personnel file resume, and the fifth piece of evidence is the "Explanation of Researcher's Achievements and Impressions" submitted by Morimoto to Kyoto University last year."

"The above five pieces of evidence can prove that the defendant Morimoto is a researcher employed by Kyoto University and has the obligation and responsibility to properly use scientific research funds."

After Iwanaga read this paragraph, the expression on his face became more and more proud, and the lawyer was absolutely unable to conduct an effective cross-examination.

Just as Iwanaga was about to continue reading, suddenly, a male voice sounded from the lawyer's seat opposite, "The defender does not recognize the prosecutor's purpose of proving this evidence."

I saw Beiyuan standing up again at some point, still with a cynical smile on his face.

Hearing this voice, Iwanaga's eyes suddenly widened a bit. What's going on?! He actually started to cross-examine from the first piece of evidence?! What's so good about cross-examination?!

"Chief Referee." Kitahara held up a copy of an A4 paper and showed it, "Please pay attention to the evidence one presented by the prosecutor just now, which is the so-called appointment letter of Kyoto University researcher. The employer written in the header column of the appointment letter is

'Kyoto University Electrical Engineering Society'."

The next second, Kitahara took another piece of paper handed over from Miyagawa and said, "The Kyoto University Electrical Engineering Society and Kyoto University are different entities. Kyoto University is a public legal person established by the Diet. On the contrary.

, Kyoto University Electrification Engineering Society - According to information inquiry, it is only a civil society registered in the city hall. It does not have the status of a public legal person."

"The inquiry information can show that the employment relationship with the defendant Morimoto is not Kyoto University as a public legal person, but the Kyoto University Electrical Engineering Society, a private society. According to the criminal law, the prerequisite for the crime of corruption is that the defendant must have

Corresponding positions exist. Accordingly, my client does not hold a position among the national legal persons, does not have corresponding powers, and does not meet the legal identity requirements for the crime of corruption!"

Kitahara's words echoed in the court, and the university executives were dumbfounded in an instant. Indeed, most researchers at Kyoto University did not have a direct contractual relationship with the university, but signed contracts with societies affiliated with the university. Among the university executives

Therefore, this approach was implemented mainly because of the high turnover rate of researchers and the fear of conflicts with the university during the resignation process, so the society entered into a contract with the recruiter.

However, they never expected that this move would actually become an obstacle to the conviction of Morimoto in today's criminal case.

When Iwanaga heard Kitahara's cross-examination, he couldn't help but be stunned. However, the information about Kyoto University and the Kyoto University Electrical Engineering Society clearly showed that these two institutions are indeed independent entities.

This experienced prosecutor couldn't help but make a miscalculation. When he saw the words "Kyoto University", he subconsciously thought that the Electrical Engineering Society must be an affiliated organization within the university. He never expected that this society

It is actually an independent civil society.

Iwanaga frowned and immediately thought about what to do. Immediately, Iwanaga stood up and said, "Chief referee, we should judge the defendant's position based on his actual performance of duties. Kyoto University has left a report on Morimoto's work report

Archiving, it is enough to show that Morimoto reports directly to Kyoto University and is essentially a staff member of Kyoto University!"

However, as soon as the prosecutor finished speaking, Miyagawa at the defense table immediately handed Kitahara another pile of A4 papers.

Kitahara then showed the information in his hand, "The referee. The information the defender is showing now are all printouts of the emails in Morimoto's mailbox. We can see that when Morimoto sent the debriefing report, the recipient of his email was Kyoto.

University Electrical Engineering Society, and the mailbox of Kyoto University institution is just a copy of the person. Therefore, Kyoto University has Morimoto’s report archive, which is not enough to prove that Morimoto reported directly to the university!”

This chapter is not finished yet, please click on the next page to continue reading the exciting content! A head-on collision hit me directly. Iwanaga was stunned for a moment. He did not expect that the defense lawyer could do his job to such an extent.

The female prosecutor Chigako next to her also showed an anxious look. She kept flipping through the materials she had prepared in advance, and finally, in the rush, she also pulled out a piece of paper and handed it to Iwanaga.

Iwanaga glanced around, with a proud look in his eyes, as if this material could instantly knock down the defense lawyer opposite him. The prosecutor immediately said: "What the defense said is unreasonable! I have a picture here about Kyoto University

The capital contribution table when the Society of Electrical Engineering was established. This table can prove that the assets for the initial establishment of the Society of Electrical Engineering were all provided by Kyoto University. This can prove that the assets of the Society of Electrical Engineering actually come from national legal persons."

"Therefore, the personnel employed under the name of the Electrical Engineering Society are also indirectly equivalent to the personnel employed by the national legal entity!"

The prosecutor immediately launched another fierce attack.

Under the gunfire, the young male lawyer smiled again.

Kitahara glanced at Yuuki, who was sitting in the corner of the auditorium. The audit investigator and the defense lawyer met their eyes, and nodded slightly in understanding. Then, Kitahara immediately pulled out another piece of paper:

"The prosecutor's statement is misleading the court. Now the defender is presenting an annual audit report on the Kyoto University Electrical Engineering Society. The report shows that the Kyoto University Electrical Engineering Society's main income comes from accepting scientific research commissions from external companies."

"In other words, the source of funds for the operation of the Electrical Engineering Society itself does not come from national legal persons, but from the profits from providing consulting and research services. Therefore, the Kyoto University Electrical Engineering Society actually operates like a private enterprise, not

It relies on financial allocations to maintain its existence. The public prosecutor used the source of the initial establishment property to judge the nature of the society, which is inconsistent with the facts!"
Chapter completed!
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