Appeal and Final Appeal Procedure

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Select your current step and the content for that step will appear below.

1. 1Submitting the Petition of Appeal
2. 2Notice of Receipt of the Trial Record
3. 3Submitting the Statement of Grounds for Appeal
4. 4Appellate Trial
5. 5Appellate Pronouncement
6. 6Submitting the Petition of Final Appeal
7. 7Submitting the Statement of Grounds for Final Appeal
8. 8Final Appeal Judgment and Finality

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Both the appeal and final appeal stages vary by case. The lower court sends the record to the higher court within 14 days from the day it receives the petition of appeal or petition of final appeal

Cost

Check the costs of an appeal with the court that pronounced the judgment. Hiring a defense lawyer costs a retainer fee, and if you are sentenced, you may have to bear the litigation costs

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   If you find the 1st-instance judgment hard to accept, submit a petition of appeal to the 1st-instance court within 7 days from the date of pronouncement (Criminal Procedure Act §358). Even if you are taken into custody in the courtroom (court arrest), the 7 days keep running, so take care of the deadline first even while detained. The prosecutor may also appeal on the ground that the sentence is too light.

2. 2

   The 1st-instance court sends the record to the appellate court (the appellate division of the District Court or the High Court), and the appellate court sends the defendant and defense lawyer a notice of receipt of the trial record (a notice that it has received the record). The day you receive this notice is the starting point of the period for the statement of grounds for appeal, so write down the date you received it. For a detained defendant, it is served on the head of the detention center (Criminal Procedure Act §65, Civil Procedure Act §182).

3. 3

   Submit a statement of grounds for appeal within 20 days from the day you receive the notice (§361-3). State specifically which applies: unjust sentencing (the sentence is excessively heavy), error of fact (facts wrongly found) or error of law (law wrongly applied). If you miss the period, the appeal may be dismissed without the content being examined.

4. 4

   The appellate panel examines the case focusing on the grounds for appeal. If needed, it carries out further examination of evidence, witnesses and the defendant. You can submit new sentencing materials (materials considered when deciding the sentence) that arose after the 1st instance, such as a settlement agreement, deposit or letter of apology, and you submit them before the closing of arguments. The court takes into account circumstances after the crime when deciding the sentence (Criminal Act §51). If you are detained, consider requesting bail.

5. 5

   If the appeal has no merit, it is dismissed; if it has merit, the 1st-instance judgment is reversed (cancelled) and the appellate court gives its own judgment (§364). In a case where only the defendant appealed, a heavier sentence than in the 1st instance cannot be imposed (§368), but if the prosecutor also appealed and that appeal is accepted, the sentence may increase. If the prosecutor's appeal is dismissed for failure to submit a statement of grounds for appeal, it is treated as if only the defendant appealed (Supreme Court 98Do2111). So check in advance whether the prosecutor has appealed.

6. 6

   If you find the appellate judgment hard to accept, submit a petition of final appeal to the appellate court within 7 days from the date of pronouncement (§374). A final appeal is heard by the Supreme Court, and the grounds on which you can file it are limited: for example, a violation of law, or a serious error of fact or unjust sentencing in cases of death, life imprisonment or imprisonment of 10 years or more (§383). So before filing a final appeal, first examine whether one of these grounds applies.

7. 7

   Submit a statement of grounds for final appeal within 20 days from the day you receive the notice of receipt of the trial record (§379). The mere fact that the sentence is heavy (unjust sentencing) is not a ground for final appeal, so the defense lawyer drafts it focusing on legal issues.

   Current step
8. 8

   The Supreme Court can give judgment without oral argument based on the records, such as the petition and statement of grounds for final appeal (§390(1)), and either dismisses the final appeal or reverses the judgment. If the final appeal is dismissed, the judgment becomes final and the sentence is executed under the prosecutor's direction (§459 · §460), and the period spent in detention is credited (counted) toward the term of the sentence.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere do I submit the petition of appeal, and what are the form and costs?

Submit it to the 1st-instance court that pronounced the judgment. Check the form and costs with that court.The 7 days are counted from the day after the date of pronouncement. If the last day is a Saturday or public holiday, the deadline runs to the next weekday.

QI am detained. How do I submit a petition of appeal?

If you submit the petition of appeal to the head of the detention center or the person acting for them, it is treated as submitted within the period. Family members or the defense lawyer can also submit it to the court on your behalf.The notice of receipt of the trial record is also served (formally delivered) on the head of the detention center. So be sure to write down the date it was received.

QWhat happens if I cannot submit the statement of grounds for appeal within the deadline?

If you did not state the grounds in the petition of appeal, the appeal is dismissed without the content being examined. So submit it within 20 days from the day you receive the notice.

QCan my sentence become heavier if I appeal?

If only the defendant appealed, the court cannot impose a heavier sentence than in the 1st instance. However, this principle applies to cases appealed by the defendant.So if the prosecutor also appeals and that appeal is accepted, the sentence may increase. According to Supreme Court precedent, if the prosecutor's appeal is dismissed for failure to submit a statement of grounds for appeal, it is treated as if only the defendant appealed, and this principle applies.Check with the 1st-instance court whether the prosecutor has appealed. The prosecutor's deadline to appeal is also 7 days from the date of pronouncement.

QCan I withdraw my appeal?

Yes, you can withdraw the appeal. In a case where only the defendant appealed, withdrawing it makes the 1st-instance judgment final as it is. If the prosecutor also appealed, the prosecutor's appeal continues.Once withdrawn, you cannot appeal that case again. Check the timing and method of withdrawal with the court handling the case.

QCan I file a final appeal to the Supreme Court because the sentence is too heavy?

In principle, no. A final appeal on the ground of unjust sentencing (that the sentence is too heavy) is possible only in cases where death, life imprisonment or imprisonment of 10 years or more was imposed.Other cases require a legal issue such as a violation of law. Your defense lawyer should first examine whether there are grounds for a final appeal.