In the auditorium, some people in the criminal law community who were paying attention to Kyoto University's corruption case couldn't help but show surprise when they saw that the trial had reached such an argument. They had long heard that the senior prosecutor Iwanaga opposite had voluntarily refused to go to the university.

Promotion opportunities of the prosecutor's office. Therefore, they knew very well that this prosecutor must have extremely high prosecutorial skills. However, looking at it now, the young defense lawyer opposite also performed equally well.

When did this happen? There are still such young people in the legal profession?!

After hearing Beihara's rebuttal, Iwanaga still stood firmly on the spot, with no wave of emotion on his expression. Since this young man wants to play, he will play with you.

This senior prosecutor has handled more than a thousand public prosecution cases. The prosecutorial ability honed by thousands of public prosecutions has already reached an extremely astonishing level. Being immersed in one cutting-edge criminal case after another, he can

It is said that Iwanaga's understanding of some public prosecution crimes is far better than that of some university scholars and justices, and he is at the forefront of the criminal law community.

Iwanaga took a step forward and said in a deep voice, "The defender believes that as long as the amount of funds obtained is less than the proportion of the company's own funds retained, it does not constitute corruption. This view is completely wrong. How to define the perpetrators of corruption crimes?

The income can be obtained in two different ways."

"The first is the positive method. We directly measure the benefits obtained by the criminal to define his income. The second is the negative method. When it is difficult to measure the criminal's income, we can measure the public

The loss of funds is used to indirectly define Morimoto’s criminal proceeds.”

Iwanaga continued in a steady voice, "The defender maintains that the funds that Morimoto defrauded were the company's own funds, so there was no misappropriation of public property. However, if we say it the other way around, if Morimoto's behavior led to the loss of public research funds,

If there is a loss, then it must be proved that Morimoto caused the consequences of misappropriating public property."

Hearing this sentence, Miyagawa couldn't help but stood up at the defense table and said: "The prosecutor's premise of his argument has already made a mistake. If the funds obtained by Morimoto are all the company's own income, then it will lead to

How can we deduce the conclusion that public funds have suffered losses?!"

"Oh——.Really?" Yanaga smiled slightly.

The prosecutor's voice immediately sounded, and he continued to persuade, "In this case, Morimoto's main method or most of the methods used to extract funds are to fabricate the facts of expenditures, so as to obtain them through reimbursement.

The club’s funds.”

Iwanaga turned to look at the trial seat and said, "Chief Judge. This kind of fictitious expenditure will inevitably increase the cost of business operations. For example, a project could have been completed at a cost of 10 million yen. However, now it is due to Morimoto

The existence of fictitious expenditure behavior resulted in the need to spend 13 million yen to complete it."

"This invisibly increased cost causes additional losses in completing scientific research activities. The existence of this kind of losses just proves that public funds have been lost. And if there is a loss, there must be a gain. When there is a loss of public funds

, there must be corresponding winners.”

"Currency will not disappear out of thin air." Iwanaga's lips curled up and he said, "It is either in the hands of one person or in the hands of another person. If it is not in the accounts of industrial and research enterprises, then it can only

Located in Morimoto’s account.”

"So!" The senior prosecutor suddenly raised his voice a bit, "In this case, Morimoto's behavior of evading funds increased the research costs of scientific research projects and caused additional expenditures of public funds. This additional expenditure,

This is evidence of losses to public funds. The defender claimed that public property was misappropriated on the grounds that what Morimoto obtained was the company’s own funds, and there was an irreparable loophole!”

In an instant, Iwanaga launched a powerful counterattack again.

After the defendant's lawyer put forward almost irrefutable arguments, he suddenly found a way out.

This is the terrifying power contained in the prosecutors the High Prosecutor's Office intends to promote.

Miyagawa opened his mouth slightly, not expecting that the other party could refute from this angle. For a moment, he was unable to respond.

At this moment, the young male lawyer in the court sounded again.

Kitahara also looked at the trial seat and said, "The opinion of the chief judge and prosecutor actually contains an absurd premise. Just now, Prosecutor Iwanaga gave an example that a scientific research project could have been completed at a cost of 10 million yen.

In the end, it cost 13 million yen to complete because of Morimoto’s actions.”

"There is a fundamental error in this example. That is, he assumes that the expected cost of a scientific research project can be calculated. And based on this expectation, we calculated the corresponding expected surplus. As long as the expected surplus of public funds,

If the preconceived idea is not achieved, then it is considered that there is a loss of public property."

"However, as the defender mentioned before - the fundamental attribute of research activities is the exploration of the unknown. Since it is an exploration of the unknown, research activities will naturally carry great uncertainties. We have no way of predicting a project.

Is it really possible to complete it at a cost of 10 million yen?"

"The real focus of Prosecutor Iwanaga's discussion is actually whether the expected profits from corruption are considered corruption."

[Corruption of expected profits is not corruption]

Following the debate raised in the previous trial about "whether subjective intentionality in the crime of corruption does not include indirect intentionality", after Kitahara's words fell, another huge and difficult legal issue was raised.

"Does the expected profit of corruption belong to corruption?" Kitahara continued, "The defender believes that the answer to this question should be no. The expected surplus does not belong to the realized surplus. It does not belong to the actual possession of the state-owned legal person.

Public property. The property must be a reality that can be controlled by tangible objects or economic benefits. Therefore, the prosecutor used Morimoto’s infringement of the expected surplus of public scientific research funds as an excuse to argue for the crime of corruption. This view does not hold water!”

"No!" Iwanaga immediately said tit for tat, "The defender is exaggerating the uncertainty of scientific research activities. Indeed, some scientific research projects are highly uncertain. However, this is not the case for all types of scientific research projects. In some cases

For relatively simple scientific research projects that are not highly complex, the cost estimates can be more accurate. In this case, this expected surplus will become a certain surplus. Therefore, this surplus
Chapter completed!