An appeal may be specially filed with the Supreme Court against a ruling or order of the high court (excluding a ruling or order on an appeal against a ruling as referred to in Article 330 or on a petition as referred to in the following paragraph) other than in a case under the provisions of paragraph (1) of the preceding Article, but only if the high court permits it pursuant to the provisions of the following paragraph; provided, however, that this applies only if the judicial decision in question is one that it would be possible to appeal in the form of an appeal against a ruling, if it were the judicial decision of the district court.
Upon petition, the high court referred to in the preceding paragraph must rule to permit an appeal against a ruling in respect of the judicial decision referred to in the preceding paragraph, if it reflects a determination that is inconsistent with Supreme Court precedent (or, if there is no Supreme Court precedent, conflicts with precedent of the former Great Court of Cassation or precedent of the high court as the final appellate court or the court in charge of the appeal against the ruling) or if it is otherwise found to involve matters of material import involving the interpretation of laws and regulations.
The circumstances provided for in paragraph (1) of the preceding Article may not be given as the grounds for the petition in a petition as referred to in the preceding paragraph.
If permission under the provisions of paragraph (2) is granted, the appeal against a ruling as referred to in paragraph (1) is deemed to have been filed.
The Supreme Court may reverse the judicial decision of the prior instance if a violation of law or regulation has clearly influenced the judicial decision.
最高裁判所は、裁判に影響を及ぼすことが明らかな法令の違反があるときは、原裁判を破棄することができる。
The provisions of Article 313; Article 315; and paragraph (2) of the preceding Article apply mutatis mutandis to a petition as referred to in paragraph (2); the provisions of Article 318, paragraph (3) apply mutatis mutandis if the court grants the permission under the provisions of paragraph (2); and the provisions of the second sentence of Article 318, paragraph (4) and paragraph (3) of the preceding Article apply mutatis mutandis if the permission under the provisions of paragraph (2) is granted.