Code of Criminal Procedure

The public prosecutor or the defendant may appeal.

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 single decision has been rendered, the attorney who exercises the same function as a public prosecutor pursuant to the provisions of paragraph (2) of Article 268 and the public prosecutor in charge of the other cases may appeal the decision independently.

A person, other than a public prosecutor or the defendant, who has had a ruling rendered against him/her may file a kokoku-appeal.

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

The defendant's agent or defense counsel in the prior instance may appeal for the defendant.

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

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.

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

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

A person as set forth in the provisions of Article 353 or Article 354 may waive or withdraw an appeal with the consent of the defendant given in writing or by electronic or magnetic record.

An appeal against a judgment for the death penalty or imprisonment for life may not be waived, notwithstanding the provisions of Article 359 and Article 360.

A request to waive appeal shall be made in writing.

A person who has waived or withdrawn an appeal cannot appeal again.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

When a person who can appeal pursuant to the provisions of Article 351 through Article 355 was unable to appeal within the period of time in which an appeal could have been filed 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.

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.

A person who requests restoration of the right to appeal shall file an appeal at the same time as that request.

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

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 defendant.

When a defendant who is in a penal institution has submitted a written application for appeal (including an electronic or magnetic record; the same applies in the following paragraph) 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.

When the defendant cannot write an application by himself/herself, the warden of the penal institution or a representative thereof shall prepare it on behalf of him/her or shall have this done by an officer of the institution.

The provisions of the preceding Article apply mutatis mutandis to a case in which the defendant in a penal institution waives or withdraws an appeal, or requests restoration of the right to appeal.