"Taking a step back," Kitahara responded calmly, "Even if the prosecutor's view is correct, the misappropriation of expected surplus does constitute corruption. However, the prosecutor's office must also bear the corresponding burden of proof."

"Specifically, the prosecution must provide evidence to prove the following four points. First, what is the expected profit of the scientific research project involved. Second, what is the basis for arriving at the expected profit figure. Third, evaluate the expected profit of the scientific research project.

The rationality of the method itself. Fourth, the causal relationship between Morimoto’s behavior and corporate earnings not meeting expectations.”

"Failure to prove the above four points should be regarded as the prosecutor's office failing to provide evidence to prove that Morimoto's behavior embezzled public property!"

In an instant, the defense lawyer immediately counterattacked from the perspective of the burden of proof. In a few words, he actually disintegrated the thunderous offensive launched by the prosecutor one by one.

Iwanaga narrowed his eyes slightly. After thinking for a while, he decided to switch the angle of attack again. The senior prosecutor said, "Chief referee, regardless of whether the money taken away by Morimoto is a surplus of public funds or a corporate enterprise."

Own funds will not affect the nature of Morimoto’s behavior.”

"The reason is very simple. I would like to draw the court's attention to the special nature of the industrial and research enterprises in this case. The industrial and research enterprises are not ordinary operating companies. They signed relevant agreements with universities and voluntarily limited most of their rights in exchange for scientific research funds.

Injection. Specific restrictions include that the directors of industrial and research enterprises must have university personnel, and the official seal of the relevant club must be jointly supervised by university personnel. These concessions indicate that industrial and research enterprises cannot be equated with ordinary private clubs. They sign contracts with universities.

The cooperation agreement has essentially turned the industry-research enterprise into a quasi-public enterprise. The industry-research association must operate according to the purpose of promoting scientific progress."

"Therefore, the nature of industrial and research enterprises is special. Even the so-called self-owned surplus of enterprises cannot be completely regarded as private funds! The defender's point of view is to deliberately imitate the nature of Hu's industrial and research enterprises!"

The prosecutor launched another wave of attacks.

This time, Iwanaga directly grasped the nature of industrial and research enterprises and launched an attack. If the entire industrial and research enterprises are considered to be public enterprises, then there will be a debate about whether Morimoto was swindling the company's own funds or public funds.

This problem will no longer exist.

Kitahara fiddled with his tie slightly, but the expression on his face was still calm and calm. He said: "The prosecutor's view is that the nature of industrial and research enterprises is public, which is not correct. From the company registration at the city hall

Judging from the data, the industry and research enterprises involved are still classified as for-profit legal persons, not public welfare legal persons. In other words, the formal legal classification in their company registration materials is private societies, and they do not have what prosecutors call public nature."

"Secondly." Kitahara pulled out a piece of A4 paper from the defense table behind him, which was an introduction to the industry-research cooperation strategy. "At the beginning, the purpose of Kyoto University's implementation of the industry-research cooperation strategy was to transfer the enterprising spirit of pursuing commercial profits to

It is introduced into the academic world to get rid of the boring bureaucracy in the academic world. Therefore, from the perspective of the purpose of the industry-research cooperation strategy itself, it is difficult for us to conclude that enterprises involved in Eucalyptus are enterprises with a quasi-public nature."

"At the same time -" Beihara's voice continued, "the agreement involving the eucalyptus cannot be interpreted as a public agreement at all. It is a simple civil and commercial agreement. Restrictions on the company's directors, official seal, personnel and other arrangements are common parent

The company's control arrangements for its subsidiaries. These rules and restrictions cannot be regarded as evidence that the enterprises involved are of a public nature."

"In fact, even if my client Morimoto committed a violation, his violation only violated the contract signed between the university and the industrial research enterprise regarding the use of scientific research funds. For this kind of violation, civil liability for the violation will be directly pursued in accordance with the civil law.

Responsibility is enough. General breaches of contract must not be easily elevated to the level of criminal law. The use of punishment must be a last resort, and criminal laws and regulations must adhere to their modesty."

"That's nonsense!" Iwanaga raised his voice again, "While embezzling such a huge amount of money, you still maintain the so-called modesty of punishment. This is condoning criminals who have committed the most heinous crimes!"

"The reason why the agreement involved in the project is public is very simple. That is, after the scientific research funds enter the industry-research joint venture, they still need to comply with the corresponding usage rules. This shows to some extent that the public scientific research funds involved in the project are not fully

It is transformed into the private property of the society. Therefore, from this point of view, industrial and research enterprises must also be public due to the injection of public funds!"

Kitahara sneered, "The reason why the prosecutor repeatedly bothers with the so-called public nature issue is, in the final analysis, because he wants to prove that Morimoto has misappropriated public property. However, this argument requires two links. The first is that the person who was misappropriated

Property is public property. Second, it is the existence of the act of embezzlement itself."

"As for the second point, the Academic Promotion Council has given 'approved' evaluation standards in the assessment and evaluation of enterprises involved in Eucalyptus and the review of each project in previous years. The review of the Academic Promotion Council includes both research progress and

review, including review of the rationality of the use of scientific research funds. Judging from the results that these companies involved have passed the review of the Academic Promotion Council, it can be proved that the degree of violation of Morimoto’s behavior is not serious and does not reach the level of crime.

"

"In other words, the companies involved in the project and the use of related funds have been reviewed and verified by the Academic Promotion Council, and it has been confirmed that there are no obvious problems. Even with the relevant legality endorsement, the prosecutor's office still insists on prosecuting Morimoto. Is it possible for Iwanaga Prosecutors to

Are you confident that you know more about scientific research than the professionals at the Academic Promotion Association?!"

"It's really confusing right and wrong!" Iwanaga refuted loudly. The senior prosecutor's eyebrows twitched, he straightened his upper body slightly, and his expression became more severe. "The 'approval' evaluation given by the Academic Promotion Council not only does not serve as a basis for Morimoto's actions, but

Defence. On the contrary, it is conclusive proof that Morimoto deceived the Society for the Promotion of Science, causing the country to misunderstand the true use of scientific research funds!"

"Morimoto used these untrue expenses to deceive the Academic Promotion Association into giving an approved evaluation in the defender's so-called 'assessment and evaluation.' This further proves the criminal fact that Morimoto used means to defraud funds from industrial and research enterprises!

"

Iwanaga's momentum increased a bit again.

Those majestic reprimands were like thunder exploding in the courtroom.
Chapter completed!