Changes by (Act No. 39 of 2025)
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 items:
左の事由があることを理由として控訴の申立をした場合には、控訴趣意書に、その事由があることの充分な証明をすることができる旨の検察官又は弁護人の保証書を添附しなければならない。
The court that rendered the judgment was not configured in accordance with law;
法律に従つて判決裁判所を構成しなかつたこと。
A judge who cannot take part in a judgment in accordance with laws and regulations took part in the judgment; or
法令により判決に関与することができない裁判官が判決に関与したこと。
There was a violation of legal provisions pertaining to the trial being open to the public.
審判の公開に関する規定に違反したこと。
Read this with the articles around it
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.