Code of Criminal Procedure

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.

A kokoku-appeal shall not be filed against a ruling on the court's jurisdiction or on court proceedings made before the judgment, except when there are specific provisions to the effect that an immediate appeal may be filed.

The provisions of the preceding paragraph do not apply to a ruling on detention, bail, seizure (including an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (a))), return of seized articles, an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item) or copying under Article 123-2, paragraph (1) (including the case where it applies mutatis mutandis with replacement of terms pursuant to Article 513, paragraph (10)), or to a ruling on detention pending expert evaluation.

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.

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provided, however, that this shall not apply when no actual benefit would be gained even if the original ruling were rescinded.

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

In order to file a kokoku-appeal against a ruling, a written application shall be submitted to the ruling court.

The ruling court shall correct its ruling when it finds that there are grounds for appeal. It shall send, to the appellate court, the item specified in each of the following items for the category of cases set forth in that item, along with its opinion (including one prepared as an electronic or magnetic record), within three days of having received the written application when it believes that there are no grounds for appeal in whole or in part.

where a kokoku-appeal has been filed by submitting the written application: an electronic or magnetic record recording the matters stated in the written application (in the case of the proviso to Article 54-4, the written application);

where a kokoku-appeal has been filed by the method under Article 54-2, paragraph (1): an electronic or magnetic record recording the matters to be stated in the written application that are recorded in the file (in the case of the proviso to Article 54-4, a document or electronic or magnetic record stating or recording the matters to be stated in the written application that are recorded on the recording medium referred to in that Article).

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.

The appellate court may suspend execution of a decision on a ruling.

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.

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.

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.

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

A kokoku-appeal may not be filed against a high court ruling.

An objection may be filed with that high court 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.

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.

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:

A decision dismissing a motion for recusal;

A decision on detention, bail, seizure (including an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (a))), return of seized articles, an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item) or copying under Article 123-2, paragraph (1) (including the case where it applies mutatis mutandis with replacement of terms pursuant to Article 513, paragraph (10));

A decision ordering detention pending expert evaluation;

A decision ordering a civil fine against or compensation of expenses for a witness, an expert witness, an interpreter, or a translator; or

A decision ordering a civil fine against or compensation of expenses for a person who is to undergo an inspection and examination of their person.

Article 420, paragraph (3) shall apply mutatis mutandis to the request prescribed in the preceding paragraph.

With regard to a decision on measures under Article 207-2, paragraph (2) (including the case where it applies mutatis mutandis with replacement of terms pursuant to Article 224, paragraph (3)), a request under paragraph (1) may not be made on the grounds that the person subject to the measures does not fall under the persons set out in Article 201-2, paragraph (1), item (i) or (ii).

The district court or the family court to which the request prescribed in paragraph (1) was made shall render its ruling by judicial panel.

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.

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.

A person who is dissatisfied with a measure under Article 39, paragraph (3) taken by a public prosecutor or a public prosecutor's assistant officer, or with a measure relating to seizure (including an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (a))), return of seized articles, an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item), an order under Article 218, paragraph (3), or copying under Article 123-2, paragraph (1) as applied mutatis mutandis in Article 222, paragraph (1) or Article 513, paragraph (6), may file a request with the court corresponding to the public prosecutor's office to which that public prosecutor or public prosecutor's assistant officer belongs for the measure to be rescinded or altered.

A person who is dissatisfied with a measure as prescribed in the preceding paragraph undertaken by a judicial police official may file a request with the district court or summary court which has jurisdiction over the place where such judicial police official executes his/her duties for such measure to be rescinded or altered.

The provisions of laws and regulations concerning administrative proceedings shall not apply to the requests prescribed in the preceding two paragraphs.

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

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

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.

The period for filing a kokoku-appeal as prescribed in the preceding paragraph shall be five days.

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.