If a ruling is made as prescribed in Article 22-2, paragraph (1), a public prosecutor may file a request for acceptance of an appeal which may be filed with the high court within two weeks regarding the ruling to impose or not to impose the disposition for rehabilitation of an adjudicated delinquent by the court of second instance, only if the appeal is based on a violation of laws and regulations that affect the ruling, or if a serious inaccuracy of facts is found concerning the fact finding on the delinquent act, for the case that the ruling prescribed in that paragraph is given.
検察官は、第二十二条の二第一項の決定がされた場合においては、保護処分に付さない決定又は保護処分の決定に対し、同項の決定があつた事件の非行事実の認定に関し、決定に影響を及ぼす法令の違反又は重大な事実の誤認があることを理由とするときに限り、高等裁判所に対し、二週間以内に、抗告審として事件を受理すべきことを申し立てることができる。
Changes by (Act No. 39 of 2025)
The request pursuant to the provisions of the preceding paragraph (referred to as "request for acceptance of an appeal" below) must be filed by a written request to the court of prior instance. In this case, the court of prior instance must promptly transfer it to a high court.
前項の規定による申立て（以下「抗告受理の申立て」という。）は、申立書を原裁判所に差し出してしなければならない。この場合において、原裁判所は、速やかにこれを高等裁判所に送付しなければならない。
Moves to paragraph (4) by (Act No. 39 of 2025)
When a request for acceptance of an appeal is filed, the high court may accept it if it finds it appropriate to accept the case as the court of second instance. In this case, the high court must give a ruling to that effect.
高等裁判所は、抗告受理の申立てがされた場合において、抗告審として事件を受理するのを相当と認めるときは、これを受理することができる。この場合においては、その旨の決定をしなければならない。
Moves to paragraph (5) by (Act No. 39 of 2025)
When making the ruling prescribed in the preceding paragraph, the high court may eliminate any of the reasons from the reasons stated in the request for acceptance of an appeal, if the court finds it unimportant.
Changes and moves to paragraph (6) by (Act No. 39 of 2025)
The high court must give the ruling prescribed in paragraph (3) within two weeks from the date on which the court received the written request prescribed in paragraph (2) from the court of prior instance.
Changes and moves to paragraph (7) by (Act No. 39 of 2025)
When the ruling prescribed in paragraph (3) is made, it is deemed that an appeal has been filed. In this case, to apply the provisions of Article 32-2, the reasons for the request for acceptance of an appeal, excluding those eliminated pursuant to the provisions of paragraph (4), are deemed as the reasons for the appeal.
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request for acceptance of an appeal
「抗告受理の申立て」
A petition in which a public prosecutor (検察官), where the family court has had a prosecutor take part in the hearing under Article 22-2, paragraph (1), asks a high court within two weeks to accept the case as an appeal court (抗告審) against the decision to impose or not to impose a protective measure (保護処分), on the sole ground of a breach of law or a serious error of fact in finding the delinquent act that affected the decision; it is filed by submitting a written petition to the court that made the decision.
Short name set inArticle 32-4, paragraph (2)
public prosecutor
検察官
The official who brings a prosecution (公訴) for a crime before a court (Code of Criminal Procedure, Article 247), and who may decide not to prosecute where, in view of the offender's character, age and circumstances, the gravity and circumstances of the offence and what happened after it, prosecution is not needed (Article 248). In criminal cases a public prosecutor asks the court to apply the law correctly and oversees the carrying out of its judgments; and, as the representative of the public interest, a public prosecutor also does the work other laws and regulations assign to a public prosecutor, which is not limited to criminal cases (Public Prosecutors Office Act, Article 4). A public prosecutor may investigate any crime (Article 6, paragraph (1)). Public prosecutors work through the public prosecutors offices (検察庁): the Supreme, High, District and Local Public Prosecutors Offices (Article 1).
Written by AI using Code of Criminal Procedure, Arts. 247, 248 and Public Prosecutors Office Act, Arts. 1, 4, 6 as a reference.