Part III Appeals

Chapter I General Rules

Article 351
(1) The public prosecutor or the accused may appeal.
(2) When a case which has been committed to trial pursuant to the provisions of item (ii) of Article 266 has been tried jointly with other cases and a decision has been rendered, the attorney who exercises the same function as a public prosecutor pursuant to the provisions of paragraph (1) of Article 266 and the public prosecutor in charge of the other cases may appeal the decision independently.

Article 352 A person, other than a public prosecutor or the accused, who has had a ruling rendered against him/her may file an Kokoku-appeal.

Article 353 A statutory agent or a curator of the accused may appeal for the accused.

Article 354 When the grounds for detention have been disclosed, the person who requested such disclosure may appeal the detention for the accused. He/She may also appeal against a ruling for dismissal of such an appeal.

Article 355 The accused's agent or counsel in the first instance may appeal for the accused.

Article 356 An appeal pursuant to the provisions of Article 353 to 355 may not be filed contrary to the intent that the accused has clearly indicated.

Article 357 An appeal may be filed against a part of the decision. When an appeal is not limited to that against a part of such decision, it shall be deemed to be an appeal against the decision in its entirety.

Article 358 The period of time during which an appeal may be filed shall begin from the day that the decision has been pronounced.

Article 359 A public prosecutor, the accused, or a person as set forth in the provisions of Article 352 may waive or withdraw an appeal.

Article 360 A person as set forth in the provisions of Article 353 or Article 354 may waive or withdraw an appeal with the written consent of the accused.

Article 360-2 An appeal against a judgment for the death penalty or life imprisonment with or without work may not be waived, notwithstanding the provisions of Article 359 and Article 360.

Article 360-3 A request to waive appeal shall be made in writing.

Article 361 A person who has waived or withdrawn an appeal cannot appeal again. The same shall apply to an accused who has consented to the waiver or withdrawal of an appeal.

Article 362 When a person who can appeal pursuant to the provisions of Article 351 through Article 355 was unable to appeal due to grounds not attributable to him/her or his/her representative, he/she can request the deciding court to restore the right to appeal during the period of time in which an appeal could have been filed.

Article 363 (1) A request to restore the right to appeal shall be made within a period that starts from the day on which the grounds have ceased and that corresponds to the period for appeal.
(2) A person who requests restoration of the right to appeal shall file an appeal at the same time as that request.

Article 364 An immediate appeal may be filed against a ruling on a request to restore the right to appeal.

Article 365 When there is a request to restore the right to appeal, the deciding court can issue a ruling to stay the execution of its decision until it has issued a ruling as set forth in the provisions of Article 364. In this case, the court can issue a detention warrant against the accused.

Article 366 (1) When an accused who is in a penal institution has submitted a written application for appeal to the warden of said penal institution or a representative thereof during the period for appeal, it shall be deemed that he/she has appealed during such time.
(2) When the accused cannot write an application by himself/herself, the warden of the penal institution or a representative thereof shall do so for him/her or shall have this done by an officer of the institution.

Article 367 The provisions of the preceding article shall apply mutatis mutandis to cases in which an accused in a penal institution waives or withdraws an appeal or requests the restoration of his/her right to appeal.

Part III Appeals

Chapter II Appeal to the Court of Second Instance

Article 372 An appeal to the court of second instance may be filed against the judgment that a district court or the summary court has made in the first instance.

Article 373 The period for appeal to the court of second instance shall be 14 days.

Article 374 An appeal to the court of second instance shall be filed by submitting a written application to the court of first instance.

Article 375 When it is clear that a appeal to the court of second instance has been filed after the right to appeal has expired, the court of first instance shall, on a ruling, dismiss such an appeal. An immediate appeal against such a ruling may be filed.

Article 376
(1) A person who has filed an appeal to the court of second instance shall submit to the court of second instance a statement of the reasons for said appeal within the period of time set forth in the Rules of Court.
(2) The statement of the reasons for appeal shall be accompanied by any necessary material or a written guarantee from the public prosecutor or counsel in accordance with the Rules of Court.

Article 377 When an appeal to the court of second instance has been filed based on one of the grounds listed in the following items, the statement of the reasons for appeal shall be accompanied by a written guarantee from the public prosecutor or counsel which indicates that there is sufficient proof of the existence of the items:
(i) The court that rendered the judgment was not configured in accordance with law;
(ii) A judge who cannot take part in a judgment in accordance with laws and regulations took part in the judgment or
(iii) There was a violation of legal provisions pertaining to the trial being open to the public.

Article 378 When an appeal to the court of second instance has been filed based on any of the grounds listed in the following items, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show the existence of the grounds in the item shall be cited in the statement of the reasons for appeal:
(i) The court unlawfully found jurisdiction or lack of jurisdiction;
(ii) The court unlawfully accepted or dismissed prosecution;
(iii) The court did not reach a judgment in a case for which a trial had been requested, or did reach a judgment in a case for which a trial had not been requested; or
(iv) The judgment was groundless, or there was a discrepancy regarding its grounds.

Article 379 Other than the cases set forth in the provisions of the preceding two articles, when an appeal to the court of second instance has been made on the grounds that there was a violation of laws and regulations in the court proceedings and it is clear that that violation has affected the judgment, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show that there was a violation of laws and regulations which would clearly affect the judgment shall be cited in the statement of the reasons for appeal.

Article 380 When an appeal to the court of second instance has been made on the grounds that there was an error in the application of laws and regulations and it is clear that that error has affected the judgment, the error and the fact that said error would clearly affect the judgment shall be indicated in the statement of the reasons for appeal.

Article 381 When an appeal to the court of second instance has been made on the grounds that a sentence is unreasonable, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show that the sentence is unreasonable shall be cited in the statement of the reasons for appeal.

Article 382 When an appeal to the court of second instance has been made on the grounds that there was an error in the finding of facts and it is clear that that error has affected the judgment, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show that there is an error which would clearly affect the judgment shall be cited in the statement of the reasons for appeal.

Article 382-2
(1) Facts which can be proven by evidence whose examination could not be requested before oral arguments were concluded due to unavoidable circumstances, and which are sufficient to show that there are grounds for an appeal to the court of second instance as set forth in the provisions of the two preceding articles may be cited in the statement of the reasons for appeal even if such facts do not appear in the case records or are based on evidence not examined by the court of first instance.
(2) Facts which occurred before the rendering of a judgment and after the oral arguments were concluded in the first instance, and which are sufficient to show that there are grounds for appeal to the court of second instance as set forth in the provisions of the two preceding articles may be cited in the statement of the reasons for appeal even if such facts do not appear in the case records or are based on evidence not examined by the court of first instance.
(3) In the cases set forth in the provisions of the two preceding paragraphs, the statement of the reasons for appeal to the court of second instance shall be accompanied by material which makes prima facie showing of the facts. In a case set forth in the provisions of the paragraph (1), the paper also shall be accompanied by material which makes prima facie showing that examination could not be requested due to unavoidable circumstances.

Article 383 When an appeal to the court of second instance has been filed on the grounds listed in the following items, the statement of the reasons for appeal shall be accompanied by material which makes prima facie showing of the existence of the grounds of one of those items:
(i) There are grounds on which it is possible to request a retrial; or
(ii) There was abolition or a change of punishment or a general pardon was granted after the judgment was rendered.

Article 384 An appeal to the court of second instance can be filed only when the reason for the appeal is the existence of at least one of the grounds set forth in the provisions of Articles 377 through Article 382, and Article 383.

Article 385
(1) When it is clear that an appeal to the court of second instance violates a form specified in laws and regulations, or that it was filed after the expiration of the right to appeal, the court of second instance shall, on a ruling, dismiss said appeal.
(2) An objection as in paragraph (2) of Article 428 may be filed against the ruling prescribed in the preceding paragraph. In this case, the provisions concerning an immediate appeal shall also apply mutatis mutandis.

Article 386 (1) The court of second instance shall, on a ruling, dismiss an appeal to the court of second instance when:
(i) The statement of the reasons for appeal is not submitted within the period of time set forth in paragraph (1) of Article 378;
(ii) The statement of the reasons for appeal violates a form set forth in this Code or the Rules of Court, or the statement of the reasons for appeal is not accompanied by the necessary materials or a written guarantee pursuant to this Code or the Rules of Court; or
(iii) The grounds for appeal to the court of second instance in the statement of the reasons for appeal clearly do not apply to the items set forth in the provisions of Article 377 through Article 382 and Article 383.
(2) The provisions of paragraph (2) of the preceding article shall apply mutatis mutandis to a ruling as set forth in the preceding paragraph.

Article 387 Persons other than attorneys may not be appointed as counsel at the court of second instance.

Article 388 Arguments for the accused at the court of second instance cannot be made by persons other than counsel.

Article 389 During the trial, the public prosecutor and counsel shall base their arguments on the statement of the reasons for appeal to the court of second instance.

Article 390 The accused need not appear at the trial at the court of second instance; provided, however, that for offenses other than those punishable by a fine not exceeding 500,000 yen (50,000 yen for offenses other than those prescribed in the Penal Code, the Law concerning Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities, until otherwise stipulated) or a petty fine, the court may order him/her to appear when it deems this to be essential for the protection of his/her rights.

Article 391 When counsel does not appear or has not been appointed, the court may render a judgment after hearing the opinion of the public prosecutor, except when the appointment of counsel is necessary pursuant to this Act or when the court, on a ruling, appoint counsel.

Article 392
(1) The court of second instance shall examine matters covered in the statement of the reasons for appeal.
(2) The court of second instance may conduct examinations ex officio with regard to the items set forth in the provisions of Article 377 through Article 382 and Article 383, even when these are not covered in the statement of the reasons for appeal to the court of second instance.

Article 393 (1) The court of second instance may conduct an examination of the facts upon the request of the public prosecutor, the accused, or his/her counsel or may do so ex officio when it is necessary for the examination set forth in the preceding article; provided, however, that the court of second instance shall examine the facts of which the public prosecutor, the accused, or his/her counsel has made prima facie showing only when this is indispensible to proving that the sentence is unreasonable or that there was an error in the finding of facts that would have affected the judgment.
(2) When the court of second instance deems necessary, it may, ex officio, conduct an examination of any circumstances which occurred after a judgment in the first instance and which would have affected sentencing.
(3) The examination prescribed in the two preceding paragraphs may be carried out by a member of a judicial panel, or may be delegated to a judge of a district court, family court, or summary court. In this case, the commissioned or delegated judge shall have the same authority as a court or a presiding judge.
(4) When the examination prescribed in the first and paragraph (2) has been carried out, the public prosecutor and counsel may give their arguments based on the results.

Article 394 Evidence which was allowed in the first instance may be entered as evidence in the second instance as well.

Article 395 When an appeal to the court of second instance violates the form prescribed by laws and regulations, or it was made after expiration of the right to appeal, the court shall dismiss said appeal by a judgment.

Article 396 When there are no grounds as in the items set forth in the provisions of Article 377 through Article 382 and Article 383, the court shall dismiss said appeal by a judgment.

Article 397
(1) When there are grounds as in the items set forth in the provisions of Article 377 through Article 382 and Article 383, the court shall, on a judgment, reverse the judgment made by the court of first instance.
(2) As a result of the examination pursuant to the paragraph (2) of Article 393, the court of second instance may, on a judgment, reverse the judgment made by the court of first instance when it deems that not doing so would clearly be contrary to justice.

Article 398 When the court of second instance reverses the judgment of the court of first instance on the grounds that it unlawfully found lack of jurisdiction or dismissed prosecution, a judgment shall be rendered to remand the case to the court of first instance.

Article 399 When the court of second instance reverses the judgment of the court of first instance on the grounds that it unlawfully found jurisdiction, the case shall, on a judgment, be transferred to the court of first instance that has jurisdiction thereover; provided, however, that the court of second instance shall conduct the trial as the court of first instance when said court has jurisdiction over said case as the court of first instance.

Article 400 When the court of second instance reverses the judgment of the court of first instance on grounds other than those set forth in the preceding two articles, a judgment shall be rendered to remand the case to the court of first instance, or to transfer the case to a court which is equal to the court of first instance; provided, however, that the court of second instance may render an additional judgment on the case when it finds that it possible to do so based on the case records and the evidence examined by the court of first and second instances.

Article 401 When the court of second instance reverses the judgment of the court of first instance in favor of the accused and the grounds therefor are common to a codefendant who appealed, the court shall also reverse said judgment in favor of said codefendant.

Article 402 With regard to a case for which an appeal has been filed by the accused or for the accused, the court shall not render a heavier sentence than that rendered by the court of first instance.

Article 403
(1) When the court of first instance has not unlawfully made a ruling of dismiss prosecution, the court shall, on a ruling , dismiss prosecution.
(2) The provisions of paragraph (2) of Article 385 shall apply mutatis mutandis to the ruling prescribed in the preceding paragraph.

Article 403-2
(1) An appeal against a judgment rendered in speedy trial procedure may not be filed on grounds as prescribed in Article 382 for which the relevant facts are probative of the crime indicated in the rendered judgment , notwithstanding the provisions of Article 384.
(2) The court of second instance may not reverse a judgment rendered in speedy trial procedure on grounds as prescribed in Article 382 for which the relevant facts are probative of the crime indicated in the rendered judgment, notwithstanding the provisions of paragraph (1) of Article 397.

Article 404 Except as otherwise provided in this Code, the provisions in Part II pertaining to public trials shall apply mutatis mutandis to the trial of second instance.

Chapter III Final Appeal

Article 405 A final appeal may be filed against a high court judgment of first or second instance on the grounds that:
(i) There is a violation of the Constitution or an error in the interpretation of the Constitution;
(ii) A determination has been rendered that conflicts with a Supreme Court precedent; or
(iii) In the event that there is no Supreme court precedent, a determination has been rendered that conflicts with a precedent of the former Supreme Court (daishin'in) or a high court that was the court of the final appellate instance, or that conflicts with a precedent of a high court that was the court of second instance at a time after the enforcement date of this Act.

Article 406 The Supreme Court, as the final appellate instance, may accept a case that is deemed to involve important matters relating to the interpretation of laws and regulations pursuant to the Rules of Court, only before the judgment on the case has become final and binding, even if it is not a case in which a final appeal may be filed pursuant to the preceding Article.

Article 407 The grounds for a final appeal shall be clarified in the written statement of the reasons for appeal, pursuant to the Rules of Court.

Article 408 The final appellate court may enter a judgment to dismiss the final appeal without hearing oral arguments when it is deemed to be clear that there are no grounds for a final appeal in the statement of the reasons for appeal or other documents.

Article 409 In the final appellate court, it is not necessary to summon the accused to appear at the trial.

Article 410
(1) The final appellate court shall, on a judgment, reverse the judgment of the court of first or second instance when there are grounds as prescribed in the items of Article 405; provided, however, that this shall not apply when it is clear that this would not affect the judgment.
(2) The provisions of the preceding paragraph shall not apply when there are grounds as in item (ii) or item (iii) of Article 405 alone, and when the final appellate court deems it is appropriate to alter that precedent and to uphold the judgment of the court of first or second instance.

Article 411 Even in absence of grounds as prescribed in the items of Article 405, the final appellate court may render a judgment to reverse the judgment of the court of first or second instance, on any of the following grounds when it deems that not doing so would clearly be contrary to justice:
(i) There is a violation of laws and regulations which would have affected the judgment.
(ii) The degree of punishment is seriously unfair;
(iii) There is an erroneous finding of a material fact which would have affected the judgment.;
(iv) There are grounds to request a retrial;
(v) There was abolition or a change of punishment or a general pardon was granted after the judgment was rendered.

Article 412 When the decision of the court of first or second instance is reversed on the grounds that jurisdiction was unlawfully found, a judgment shall be rendered to remit the case to the competent court of second or first instance.

Article 413 When the judgment of the court of first or second instance is reversed on grounds other than those prescribed in the preceding Article, a judgment shall be rendered to remit the case to the deciding court or the court of first instance or to remit the case to another court of the same level; provided, however, that the final appellate court may immediately render a further judgment on the case when it deems that it is possible do so based on the case records and the evidence examined in the deciding court and the court of first instance.

Article 413-2 The final appellate court may not reverse the judgment of the court of first instance that was rendered in the speedy trial procedure, on grounds as prescribed in item (iii) of Article 411 for which the relevant facts are probative of the crime indicated in the rendered judgment, notwithstanding the provisions of Article 411.

Article 414 Except as otherwise provided in this Code, the provisions of the preceding Chapter shall apply mutatis mutandis to a trial in its final appeal.

Article 415
(1) When the final appellate court finds an error in the contents of an appealed judgment, the court may render a judgment to amend such a judgment upon the request of the public prosecutor, the accused, or his/her counsel.
(2) A request as prescribed in the preceding paragraph shall be made within ten days from the day of pronouncement of said judgment..
(3) The final appellate court may extend the period prescribed in the preceding paragraph upon the request of a person prescribed in paragraph (1), when it deems appropriate.

Article 416 Judgment for amendment may be rendered without hearing oral arguments.

Article 417
(1) When not rendering a judgment for amendment, the final appellate court shall promptly dismiss the request on a ruling.
(2) A request as prescribed in paragraph (1) of Article 415 shall not be made against a judgment for amendment.

Article 418 The judgment of the final appellate court shall become final and binding when the period prescribed in Article 415 has elapsed since the date said judgment was rendered or when a request as prescribed in paragraph (1) of the same Article has been made within that period and a judgment for amendment or a ruling for dismissal of the request has been pronounced.

Chapter IV Kokoku-Appeal

Article 419 A kokoku-appeal may be filed against a ruling made by a court, except when there are specific provisions to the effect that an immediate appeal may be filed; provided, however, that this shall not apply when otherwise specifically provided in this Code.

Article 420
(1) A kokoku-appeal shall not be filed against a ruling before the judgment on the court's jurisdiction or on court proceedings, except when there are specific provisions to the effect that an immediate appeal may be filed.
(2) The provisions of the preceding paragraph shall not apply to a ruling for detention, bail, seizure, or the return of seized articles, nor shall they apply to a ruling for detention pending expert evaluation.
(3) Notwithstanding the provisions of the preceding paragraph, an appeal against a detention may not be filed on the grounds that there is no suspicion that a crime has been committed.

Article 421 A kokoku-appeal against a ruling, except an immediate appeal, may be filed at any time; provided, however, that this shall not apply when no disadvantage would actually be caused even if the original ruling were rescinded.

Article 422 An immediate appeal shall be filed within three days of a ruling.

Article 423
(1) In order to file a kokoku-appeal against a ruling, a written application shall be submitted to the ruling court.
(2) The ruling court shall correct its ruling when it finds that there are grounds for appeal. It shall send the written application, along with its written opinion thereon, to the appellate court within three days of having received such the written application when it believes that there are no grounds for appeal in whole or in part.

Article 424
(1) A kokoku-appeal against a ruling, except an immediate appeal, has no effect to suspend execution of the decision; provided, however, that the ruling court may, on a ruling, suspend execution of its decision until a decision has been rendered on the appeal.
(2) The appellate court may suspend execution of a decision on a ruling.

Article 425 The execution of a decision shall be suspended when the time limit for filing an immediate appeal has not yet expired, or when an immediate appeal has been filed.

Article 426
(1) A ruling shall be rendered to dismiss a kokoku-appeal, when the procedure for filing the appeal was carried out in violation of the provisions therefor, or when the kokoku-appeal is without grounds.
(2) When there are grounds for kokoku-appeal, the original ruling shall be rescinded on a ruling, and a further decision shall be made when it is deemed necessary.

Article 427 A kokoku-appeal may not be filed against an appellate court ruling.

Article 428
(1) A kokoku-appeal may not be filled against a high court ruling.
(2) An objection may be filed against a high court ruling when there are provisions to the effect that an immediate appeal may be filed or when a kokoku-appeal may be filed pursuant to the provisions of Articles 419 and 420.
(3) The provisions concerning a kokoku-appeal shall apply mutatis mutandis to an objection as prescribed in the preceding paragraph. The provisions concerning an immediate appeal shall also apply mutatis mutandis to an objection against a ruling for which there are provisions to the effect that an immediate appeal may be filed.

Article 429
(1) A person who is dissatisfied with a decision rendered by a judge of a summary court may file a request with the district court with jurisdiction for said decision to be rescinded or altered, and a person who is dissatisfied with the decision rendered by a judge of another court may file a request with the court to which such judge is assigned for said decision to be rescinded or altered, when the judge renders one of the following decisions:
(i) A decision dismissing a motion for recusal;
(ii) A decision regarding detention, bail, seizure, or the return of seized articles;
(iii) A decision ordering detention pending expert evaluation;
(iv) A decision ordering a civil fine against or compensation of expenses for a witness, an expert witness, an interpreter, or a translator; or
(v) A decision ordering a civil fine against or compensation of expenses for a person who is to undergo a body search.
(2) Paragraph (3) of Article 432 shall apply mutatis mutandis to the request prescribed in the preceding paragraph.
(3) The district court or the family court to which the request prescribed in paragraph (1) was made shall render its ruling by judicial panel.
(4) The request to rescind or alter a decision as prescribed in item (iv) or item (v) of paragraph (1) shall be filed within three days after such decision has been rendered.
(5) Where the time limit for a request as prescribed in the preceding paragraph has not yet expired, or when such request has been filed, execution of the decision shall be suspended.

Article 430
(1) A person who is dissatisfied with measures as prescribed in paragraph (3) of Article 39 or with measures concerning the seizure or return of seized articles undertaken by a public prosecutor or a public prosecutor's assistant officer may file a request with the court corresponding to the public prosecutor's office where such public prosecutor or public prosecutor's assistant officer is assigned that such measures be rescinded or altered.
(2) A person who is dissatisfied with measures as prescribed in the preceding paragraph undertaken by a judicial police officer may file request with the district court or summary court which has jurisdiction over the place where such judicial police officer executes his/her duties for such measures to be rescinded or altered.
(3) The provisions of laws and regulations concerning administrative proceedings shall not apply to the requests prescribed in the preceding two paragraphs.

Article 431 A written request shall be submitted to the competent court to file a request as prescribed in the preceding two Articles.

Article 432 The provisions of Article 424, Article 426, and Article 427 shall apply mutatis mutandis to requests as prescribed in Article 429 and Article 430.

Article 433
(1) An appeal on a ruling or order against which an appeal may not be filed pursuant to this Code may be specially filed with the Supreme Court only when the reason therefor is that there are grounds as prescribed in Article 405.
(2) The period for filing a kokoku-appeal as prescribed in the preceding paragraph shall be five days.

Article 434 The provisions of Article 423, Article 424, and Article 426 shall apply mutatis mutandis to a kokoku-appeal as prescribed in paragraph (1) of the preceding Article, except as otherwise provided for in this Code.

Part V Extraordinary Appeal

Article 454 The Prosecutor-General may file an extraordinary appeal with the Supreme Court when he/she finds, after a judgment has become final, that the trial was in violation of laws and regulations.