Preparation for Trial
Delivering the Written Prosecution Copy and Submitting the Written Opinion
- If the prosecution has been filed, the court shall promptly deliver the written prosecution copy to the defendant or the defendant’s attorney five days prior to the date of the first trial (Article 266 of the Criminal Procedure Act).
- The defendant or the defendant’s attorney shall submit a written opinion indicating the acknowledgment of prosecution, and statements on prosecution preparation procedures to the court within seven days after receiving the written prosecution copy (Main Text of Article 266-2, paragraph 1 of the Criminal Procedure Act).
- The written opinion may indicate the defendant's intention to refuse to make statements, if willing to do so (Conditions of Article 266-2, paragraph 1 of the Criminal Procedure Act).
Determination of the Trial Date
- After the trial procedures have been prepared, the presiding judge determines the trial date (Article 267, paragraph 1 of the Criminal Procedure Act).
Hearing and Judging the Trial
Hearing
- The trial proceeds in court at the determined trial date (Article 275, paragraph 1 of the Criminal Procedure Act).
Judgment
- The judgment pronouncement concerns declaring the defendant guilty or not guilty after the argument termination date. However, particular reasons may establish a date of pronouncement to declare the sentence (Article 318-4, paragraph 1 of the Criminal Procedure Act).
※ However, in practical affairs, the sentence is mostly declared on the date of pronouncement rather than after the argument termination date.
Appeal to a Higher Court (Appellate Court or Supreme Court)
Filing an Appeal to a Higher Court
- The term “appeal” includes appealing to the appellate or supreme court. In principle, the appeal for the appellate or supreme court shall be filed within seven days after the date of pronouncing the judgment (Articles 358 and 374 of the Criminal Procedure Act).
- Appeal to the Appellate Court
· If the defendant objects to the first trial’s judgment pronouncement, he/she may appeal to the appellate court (Article 357 of the Criminal Procedure Act).
- Appeal to the Supreme Court (Final Appeal)
· If the defendant objects to the appellate judgment, he/she may appeal to the Supreme Court (Article 371 of the Criminal Procedure Act).
Reason for Appeal to a Higher Court
- The defendant may indicate the reason for appeal to the appellate court, such as him/her being innocent contrary to the judgment in the original trial, or because the punishment is too heavy. However, the defendant shall only appeal to the Supreme Court if he/she was sentenced to death, imprisoned for life, or received more than 10 years of imprisonment or imprisonment without labor. Therefore, the appeal shall not be filed merely because the punishment is too heavy (Articles 361-5 and 383 of the Criminal Procedure Act).
Prohibition of Disadvantageous Alteration
- If only the defendant, not the prosecutor, appeals, the appellate court shall not punish the defendant with a heavier sentence than the one declared in the original trial (Article 368 and Article 396, paragraph 2 of the Criminal Procedure Act).