In the court, the defense opinion of the young male lawyer was like the explosion of a train cannon in World War II. The defender once again raised a very difficult question. What if the industrial and research enterprise itself has income from external operations?

So, if this part of the income is mixed with public research funds, wouldn't it be impossible to distinguish them from each other? In this case, how can we conclude that the funds Morimoto robbed must be public funds?

If it cannot be determined that the funds obtained by Morimoto are public funds, the prerequisite for establishing the crime of corruption will be completely broken.

Many people in the auditorium couldn't help but open their eyes. A seemingly inconspicuous point had the effect of piercing through the prosecutor's office's accusations at this moment and turning the situation around again. This was the defense lawyer's almost confusing right and wrong.

Debate skills.

Iwanaga snorted, expressing disdain.

As a senior prosecutor, he has seen too many storms.

Indeed, this lawyer named Kitahara has two skills. He can always seize some unexpected angles to counterattack. However, this is not enough. Just to this extent, he must defend the defendant's innocence.

Trying to overturn all the charges brought by the prosecutor's office would be to underestimate the prosecutors of this country!

Iwanaga stood up immediately, showed a somewhat provocative sneer, and said: "The defender believes that in the company's public accounts, public funds and the company's own funds are mixed together, which can excuse Morimoto's behavior. This

The excuse is not valid."

"The mixture of public funds and self-owned funds not only cannot prove Morimoto's innocence, but on the contrary, it is a key factor in proving Morimoto's crime."

After the prosecutor's words fell, the eyes in the court couldn't help but gather around. People who had just listened to the defense lawyer's opinions couldn't help but wonder how the prosecutor would refute the lawyer's arguments.

Iwanaga's voice was heard saying, "Morimoto clearly knew that there were both public funds and private funds in the public account. Even though he didn't know whether the funds withdrawn were public funds or club income, Morimoto had already understood the withdrawal.

The result of public funds is a laissez-faire mentality. This point raised by the defender can prove that Morimoto has indirect intention to commit corruption crimes!"

【Indirect intentional】

[The so-called "indirect intention" refers to the psychological attitude of knowing that one's behavior will cause harm to society and allowing such harmful results to occur. The counterpart to "indirect intention" is "direct intention". That is, the actor knows that his or her actions will harm society.

The behavior will cause harm to society, but we still hope that this result will happen. People with "indirect intention" are just "letting go", while "direct intention" is "hope".]

"The subjective intention of the crime of corruption obviously cannot include 'indirect intention'." Kitahara said with a calm expression, standing in front of the defense table, "If he just allows public funds to be misappropriated, it cannot be concluded that the perpetrator has the right to exclude the state from permanent possession of public funds.

mean."

"For example," Kitahara continued, "if a public official takes funds out of the agency and uses them to buy and sell stocks. Whether the stocks will rise or fall, the outcome is undetermined. It is possible to make a profit.

There may also be losses. This hypothetical criminal obviously has a laissez-faire attitude towards the possibility of losses caused by using public funds to buy and sell stocks. However, this laissez-faire attitude does not necessarily mean that he has no intention of returning the embezzled public funds.

Therefore, the subjective intention of the crime of corruption cannot include indirect intention!

"

The lawyer's rebuttal and the prosecutor's point of view collided strongly.

This collision instantly brought this court debate on corruption crimes into an extremely cutting-edge and difficult realm.

Can the subjective intention of the crime of corruption be "indirect intention"?

If public funds are allowed to be misappropriated, can it be concluded that the perpetrator has the intention to misappropriate public funds?

Judge Zuo Jiujian sat on the bench, frowning slightly. It was obvious that another very difficult legal issue was before him. As a monk with a talent for studying criminal law, the judge had been keenly aware that

If this issue is appealed to the Kyoto Prefecture High Court, the justices there will definitely be eager to make the ruling on this issue an influential precedent in Japan.

What a headache.

Judge Saakuma's eyes fell on the defense lawyer. Judge Takanashi had told him before that the Kitahara lawyer seemed to have a magical power that could bring changes to the people around him. Now, Judge Saakuma is

I truly understood the meaning of Takanashi’s words.

Unbelievable perspectives are unearthed from nearly impossible cases.

However, you cannot directly deny these incredible arguments.

Because these arguments are really tenable, they really must be responded to in the judicial documents.

To be able to bring a criminal case to this point is no longer a skill, but an art, Judge Zuo Jiuma sighed inwardly.

At this moment, Iwanaga once again strongly reprimanded: "Although it is indirect intentional laissez-faire, when this laissez-faire reaches a certain level, for example - it is known that it will almost certainly cause a loss of public funds, it certainly meets the subjective intention required by the crime of corruption. This is

The situation in this case is very different from the case of using funds to speculate in stocks just mentioned by the defender. The rise and fall of stocks are highly uncertain. However, when the public accounts of the company already include public funds, even if a three-year-old child

As we all know, there is a high probability that the funds withdrawn from it include public funds. In this case, Morimoto’s indirect intention certainly meets the criminal requirements of the crime of corruption!”

The senior prosecutor's voice became louder, and his rebuttal hit the court like a heavy hammer.

It makes people feel terrified.

Can the defense lawyer on the other side still fight back? Many citizens in the gallery thought so.

Misumi sat on her seat, almost holding her breath. Her hands had been clenched tightly into fists unconsciously. She didn't even notice that the artificial manicure on her hands had become embedded in her flesh.

At this moment, Kitahara's voice sounded again, "I think Prosecutor Iwanaga has also missed a very important fact. Starting three years ago, the Faculty of Engineering of Kyoto University launched an independent operation in order to reform the inefficiency of industrial and research enterprises.

The contracting system reform. Under the contracting system reform, industrial and research enterprises can obtain 65% of profit retention on their income, and this proportion is applicable to the scientific research fund balance. In other words, as long as the scientific research tasks of the corresponding university are completed, the industrial and research enterprises can

You can retain 65% of the funds and use them freely. It is no longer like in the past when all profits must be under strict supervision."

"In other words, unless Morimoto's arbitrage of funds exceeds 65% of the company's profits, anything below this ratio should be regarded as the company's own funds! And the evidence shows that the proportion of funds involved in Morimoto's arbitrage is much smaller than
Chapter completed!