Chapter 197 The easiest thing is still to attack the judicial process
Reimasa Kujo's idea was simple.
Now that the recording evidence is gone, it cannot be proved that Hucang subjectively instructed plagiarism.
At most, the sentence will not be too heavy, and it may have been sentenced to ten years, but now it can only be sentenced to about three or five years.
But it will always be judged.
Because there is a concept of "criticism" in the German and Japanese criminal law. (mentioned twice earlier)
Even if Hu Cang subjectively has no sense of plagiarism, the copyright belongs to him personally, and he is legally responsible.
Based on the principle of responsibility, as long as there are objective plagiarism facts in his book, the crime of infringement is established, and at most the sentence will be lighter at the time of sentencing.
It's a pity that Rei Kujou is thinking very well.
Over there, in fact, Gu Meimen had already planned the entire case at the beginning.
"It should be the prosecution who should come up with evidence, right?"
I saw that Gu Meimen was always smiling.
He cleared the collar of his suit and looked like he was in good shape.
"Do you remember how this case was in a civil lawsuit?"
All the relevant personnel present nodded one after another.
This plagiarism case started with a civil prosecution, because it is a civil prosecution in a private prosecution case, it can be said that there is a criminal prosecution only with a civil prosecution.
"Then I would like to ask you a question."
I just heard Gu Meimen say this.
"In this infringement case, who are the subjects of the legal relationship?"
Kujou Rei didn't think about it, so she said: "Nonsense, of course it's the defendant Daisuke Torakura, and ......"
At this, he suddenly stopped and gasped.
At this time, he realized the most critical part of this case.
That's right.
In the civil lawsuit, Daisuke Torakura was brought to court, saying that the person who copied his book was a man named Takuya Kimura.
However, who is the real original author of that book?
It's Toshiya Tado.
In other words, the person named Takuya Kimura is actually not qualified to be the plaintiff in this case!
Because he did not write the book, and his legal interests were not violated, he could not be the subject of legal relations.
Then, the "claim" of this lawsuit does not exist.
According to the judicial process, if there is no claim, there is no court, and you can't be the plaintiff, so where is the defendant?
In this case, Daisuke Torakura will be acquitted immediately!
"It's this set again."
In the auditorium, Xiao Ai almost understood and nodded.
"Uh, what's that?"
Mao Lilan on the side blinked, but he didn't react yet.
"I mean Gumemon...... The trick my brother used. Xiao Ai smiled faintly, "He is very good at using the judicial process to create favorable opportunities, and in his opinion, it is more effective to directly attack the judicial process than to engage in evidence pulling with the other party." ”
"I see."
Mao Lilan suddenly realized and couldn't help but say.
"That's too despicable, isn't it? Isn't this just exploiting a loophole in the law? Moreover, what is the use of the law if you only look at the judicial process whether it is reasonable or not, and completely ignore the truth of the case! ”
Xiao Ai shook his head and said, "No way, this is the difference between procedural justice and result justice." ”
Mao Lilan moved his mouth and couldn't help but say.
"To be honest, in the process of studying law, I occasionally wondered, what is the use of these procedures? Someone has broken the law and hurt others, and the injured person goes to sue him, and the court tells you that your evidence collection process does not comply with the procedures, and that person is not guilty...... In this case, who can reason with? ”
"Well, my brother has told me about these things before."
Xiao Ai glanced at her.
"He said that procedural justice and outcome justice, you can compare it to the gaokao – oh, an exam in a country across the ocean. The first thing in the college entrance examination is to screen out a group of people who are not qualified to go to university, and these who are not qualified are equivalent to unqualified procedural justice. Only by passing the college entrance examination, that is, passing procedural justice, can you be qualified to discuss the justice of the result. ”
"Hmm...... What do you mean? ”
Maorilan was dazed, and the horns on her head were writhing.
He didn't understand at all.
"Okay, then you're going to have to work hard." Xiao Ai said, "My brother said that people who can't understand these words, when converted to the field of law, are the same as those who failed the college entrance examination, which means that you have not studied the law deeply enough." ”
Mao Lilan couldn't help pouting: "Then do you understand?" ”
"Well, I didn't understand ...... either"
"Then you still talk about me."
"Hey, hey."
Xiao Ai smiled mischievously and stuck out her tongue.
Seeing this, Mao Lilan also smiled slightly and touched her head.
The two girls are making a fuss with each other.
At the same time, above the courtroom.
After realizing the most critical part of this case, Reizheng Kujou suddenly felt tricky, and at this time his forehead was already sweating like rain.
Gu Meimen's move can be described as very sharp.
Because it is a private prosecution case, there are people who have criminal punishment, and if the subject relationship cannot be resolved, the case can only be withdrawn!
No one can save it!
Over there, Gu Meimen took advantage of the victory to pursue again.
"Now it's very clear."
Gu Meimen smiled.
"Isn't it ridiculous that a person who has no right to sue others becomes a plaintiff in this case?"
There was a pause.
He looked up at the judge in the trial bench.
"In court, this case should not have existed in the first place, so I request that the verdict be pronounced, and the prosecution will immediately withdraw the case!"
Gu Meimen's words were sonorous and powerful, and his words were very powerful.
Looking at the smile on the other party's face, Kujou Reimasa was even more flustered.
Calm down, there must be a way!
He admonished himself in his heart.
At this time, the judge's side discussed for a while, and their eyes looked at the prosecution's seat.
"Prosecution, please state your case." 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 prosecution case?" ”
As soon as these words came out, they immediately reminded Kujou Reimasa.
Hope burned again in Reimasa's eyes and raised her head.
"Witness, can you prove that the copyright of your book, "The Wandering Tanuki Cat", is Takuya Kimura, the plaintiff in this civil lawsuit?"
That's right, as long as it can be proved that Takuya Kimura has the copyright, then he is qualified to be a plaintiff and qualified to participate in this case!
When the time comes, Gumeimen'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 human being he is, of course, you can see that from beginning to end, these judges are on the side of the prosecution.
Fortunately, he used some means to increase the popularity of the case.
Otherwise, it won't be easy to fight at the beginning, and I'm afraid that within a few rounds, the judge will directly sentence his side to lose the case.
But it doesn't matter.
After winning this case, he will have a remuneration of about 200 million.
This lawyer's fee is the highest income he has ever earned in a lawsuit he has fought so far.
As the so-called wealth is sought in insurance, there will be corresponding risks if there is a corresponding income, which is also acceptable.
(End of chapter)