Code of Criminal Procedure

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.

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

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

When it is clear that an 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.

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.

The statement of the reasons for appeal shall be accompanied by any necessary material or a written guarantee from the public prosecutor or defense counsel (including an electronic or magnetic record; the same applies in the following Article and Article 386, paragraph (1), item (ii)) in accordance with this Code or the Rules of Court.

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 defense counsel which indicates that there is sufficient proof of the existence of the grounds:

The court that rendered the judgment was not configured in accordance with law;

A judge who cannot take part in a judgment in accordance with laws and regulations took part in the judgment; or

There was a violation of legal provisions pertaining to the trial being open to the public.

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:

The court unlawfully found jurisdiction or lack of jurisdiction;

The court unlawfully accepted or dismissed prosecution;

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

The judgment stated no reasons, or there was a discrepancy in its reasons.

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.

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.

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.

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.

Facts which can be proven by evidence whose examination could not be requested before oral arguments were concluded in the first instance 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.

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.

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 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.

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:

There are grounds on which it is possible to request a retrial; or

There was abolition or a change of punishment or a general pardon was granted after the judgment was rendered.

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.

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.

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.

The court of second instance shall, on a ruling, dismiss an appeal to the court of second instance when:

The statement of the reasons for appeal is not submitted within the period of time set forth in paragraph (1) of Article 376;

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

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.

The provisions of paragraph (2) of the preceding article shall apply mutatis mutandis to a ruling as set forth in the preceding paragraph.

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

Arguments for the defendant at the court of second instance cannot be made by persons other than defense counsel.

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

The defendant 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.

Notwithstanding the provisions of the preceding Article, the court of second instance must order a defendant who has been indicted for a crime punishable by imprisonment or a heavier sentence and who has been granted bail or suspension of execution of detention to appear on the trial date on which the judgment is to be pronounced; provided, however, that this does not apply when it finds that it is difficult for the defendant to appear on that trial date due to a serious illness or injury or any other unavoidable grounds.

When defense 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 defense counsel is necessary pursuant to this Code or when the court, on a ruling, appoints defense counsel.