Code of Criminal Procedure

A final appeal may be filed against a high court judgment of first or second instance on the grounds that:

There is a violation of the Constitution or an error in the interpretation of the Constitution;

A determination has been rendered that conflicts with a Supreme Court precedent; or

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.

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.

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

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 or electronic or magnetic records.

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

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.

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.

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:

There is a violation of laws and regulations which would have affected the judgment;

The degree of punishment is seriously unfair;

There is an erroneous finding of a material fact which would have affected the judgment;

There are grounds to request a retrial;

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

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.

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 transfer 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 to do so based on the case records and the evidence examined in the deciding court and the court of first instance.

In a case in which the court of first instance has rendered a judgment in expedited trial proceedings, notwithstanding the provisions of Article 411, the final appellate court may not reverse the original judgment on the grounds that there are grounds prescribed in item (iii) of that Article with regard to the facts constituting the crime indicated in the rendered judgment.

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

When the final appellate court finds an error in the contents of its judgment, the court may render a judgment to amend such a judgment upon the request of the public prosecutor, the defendant, or his/her defense counsel.

A request as prescribed in the preceding paragraph shall be made within ten days from the day of pronouncement of said judgment.

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.

Judgment for amendment may be rendered without hearing oral arguments.

When not rendering a judgment for amendment, the final appellate court shall promptly dismiss the request on a ruling.

A request as prescribed in paragraph (1) of Article 415 shall not be made against a judgment for amendment.

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.