Conan: The winner is justice
Chapter 199 The easiest way is to attack the judicial process
Kujo Reimasa's idea is simple.
Now that the recording evidence is gone, it cannot be proven that Hu Cang subjectively instigated plagiarism.
At most, the sentence won't be too harsh. Maybe the original sentence was ten years, but now it can only be sentenced to about three to five years.
But it will always be judged.
Because there is a concept of "censure" in the criminal law of Germany and Japan. (mentioned twice before)
Even if Tokura has no sense of plagiarism subjectively, the copyright belongs to him personally and he is legally responsible.
Based on the principle of responsibility, as long as there is objective fact of plagiarism in his book, the crime of infringement will be established, and at most the sentencing will be lighter.
It's a pity that Kujo Rei was thinking very well.
Over there, in fact, Gu Meimen had already planned the entire case from the beginning.
"The prosecutor should be the one to present the evidence, right?"
I saw that Gu Meimen always had a smile on his face.
He cleared the collar of his suit and looked well-dressed.
“Do you remember where this case was in the civil litigation?”
All relevant personnel present nodded their heads.
This novel plagiarism case started with a civil lawsuit, because it was a private prosecution case in which the people brought the punishment. It can be said that only after the civil lawsuit did there be a criminal lawsuit.
"Then I want to ask you a question."
Just listen to what Gu Meimen said.
"In this novel infringement case, who are the subjects of the legal relationship?"
Rei Kujo said without thinking: "Nonsense, of course it's the defendant Tokura Daisuke, and..."
At this point, he suddenly stopped and took a breath.
Only then did he realize the most critical aspect of the case.
That's right.
In the civil lawsuit, Tosuke Daisuke was brought to court, saying that the person who copied his book was a person named Kimura Takuya.
However, who is the real original author of that book?
It's Tadokoro Toshiya.
In other words, the person named Kimura Takuya is actually not qualified to be the plaintiff in this case!
Because he did not write the book and his legal interests were not infringed, he cannot become the subject of the legal relationship.
Then, the “claim” in this lawsuit does not exist.
According to the judicial process, if there is no claim, there is no court. You cannot be the plaintiff, so where is the defendant?
In this case, Daisuke Tokura will be immediately acquitted!
"It's the same thing again."
In the auditorium, Xiao Ai almost understood and nodded.
"Uh, what's this about?"
Mao Lilan on the side blinked and still didn't react.
"I mean Gu Meimen... the trick my brother used." Xiao Ai said with a faint smile, "He is very good at using judicial procedures to create favorable opportunities. From his point of view, it is better to attack the opponent directly instead of trying to pull evidence with the other party. The judicial process is more effective."
"I see."
Mao Lilan suddenly realized it and couldn't help but say.
"This is too despicable! Isn't this just taking advantage of legal loopholes? Moreover, if you only look at whether the judicial process is reasonable and completely ignore the truth of the case, then what's the use of the law!"
Xiao Ai shook his head and said: "There is no way, this is the difference between procedural justice and result justice."
Mao Lilan moved her mouth and couldn't help but say.
"To be honest, when I was studying law, I occasionally thought, what's the use of these procedures? Someone has broken the law and hurt others. The injured person sues him, but the court will say to you, If your evidence collection process does not comply with the procedures, that person will be innocent... Who can you ask to explain this situation?"
"Well, my brother has told me these things before."
Xiao Ai glanced at her.
"He said that procedural justice and result justice can be compared to the college entrance examination - oh, it is an exam in the country across the ocean. The college entrance examination first screens out a group of people who are not qualified to go to college. These unqualified people are equivalent to procedures. Justice is unqualified. Only if you pass the college entrance examination, that is, if you pass procedural justice, can you be qualified to discuss the justice of results."
"Um...what do you mean?"
Mao Lilan was in a daze, and the horns on her head were twisting wildly.
He looked like he didn't understand at all.
"Okay, then you have to work hard." Xiao Ai said, "My brother said that people who don't understand these words are the same as those who failed the college entrance examination in the legal field. It means you haven't studied law enough. Go deep.”
Mao Lilan couldn't help but curled her lips: "Then do you understand?"
"Uh, actually I don't understand either..."
"Then you still talk about me."
"hey-hey."
Xiao Ai smiled mischievously and stuck out her tongue.
Mao Lilan also smiled slightly when she saw this and touched her head.
The two girls were making trouble with each other.
Meanwhile, above the court.
After realizing the most critical aspect of the case, Reimasa Kujo suddenly felt that it was difficult. At this time, sweat was pouring from his forehead.
Gu Meimen's move can be said to be very sharp.
Because it is a private prosecution case, only the people should be punished. If the subject cannot solve the case, the case will have to be withdrawn!
No one can save me!
Over there, Gu Meimen took advantage of the victory to pursue them again.
"The situation is now very clear."
Gu Meimen smiled.
"Isn't it ridiculous that a person who has no right to sue others becomes the plaintiff in this case?"
There was a pause.
He looked up at the judge at the bench.
"In court, this case should not have existed in the first place, so I request a verdict and the prosecutor immediately withdraws the case!"
Gu Meimen's words are sonorous and powerful, and the force of her enunciation is very aura.
Looking at the smile on the other person's face, Kujo Reimasa was even more panicked.
Calm down, there must be a way!
He warned himself in his mind.
At this time, the judges discussed for a while and all looked at the prosecutor's seat.
"Prosecutor, please state your point of view." The judge coughed, "How can you prove that in this infringement case, the subject of the defendant's infringement is the plaintiff in the civil lawsuit?"
As soon as these words came out, Kujo Reimasa was immediately reminded.
Hope rekindled in Kujo Reimasa's eyes and he raised his head.
"Witness, can you prove that the copyright owner of the novel you wrote, "The Wandering Foxy Cat", is Kimura Takuya, the plaintiff in this case?"
That's right, as long as it can be proven that Kimura Takuya owns the copyright of the novel, he is qualified to be the plaintiff and participate in this case!
By then, Gu Meimen’s trick won’t work!
Over there, Gu Meimen narrowed his eyes and glanced at the judge on the stage.
Sure enough, this lawsuit is an absolute headwind.
What a fine person he is, of course it can be seen that from beginning to end, these judges are on the side of the prosecutor.
Fortunately, he had used some means before to raise the profile of the case.
Otherwise, the fight will not be easy from the beginning. I am afraid that within a few rounds, the judge will directly rule that his side loses the case.
But it doesn’t matter.
After winning this case, he will receive a reward of about 200 million.
This legal fee is the highest he has ever earned from any lawsuit he has ever fought.
As the saying goes, seeking wealth through insurance means that with corresponding income, there will be corresponding risks, which is acceptable.
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