Appeal to the Appellate Court
Competent Appellate Court- Suppose the defendant has an objection to the judgment made in the first instance court. For the judgment independently made in the district court, the defendant may appeal to the collegiate body of the district court. For the judgment made by the district court’s collegiate body, the defendant may appeal to the High Court (Article 357 of the Criminal Procedure Act).
Reason for Appeal- If falling under any of the following cases, the defendant may appeal to a higher court on the judgment of the original trial.
· If a violation of the Constitution, law, command, or regulation affected the judgment
· If the sentence had been abrogated, modified, or pardoned after the judgment
· If acknowledgment of jurisdiction or violation of jurisdiction violated the law
· If the court of judgment’s organization violated the law
· If a judge was illegally involved in ruling the case
· If a judge who did not hear the case was involved in the ruling of the case
· If the regulation on making the trial public was violated
· If there was no reason for the judgment, or if the reason was contradictory
· If there is a reason for the application for a retrial
· If a misunderstanding of facts affected the judgment
· If there is a reason to consider the sentence unjust
Filing an Appeal- Period and Method to File an Appeal
· The person intending to file an appeal shall submit the written appeal to the original court within seven days after the first trial’s declaration of judgment (Articles 358 and 359 of the Criminal Procedure Act).
※ Suppose the filed appeal apparently violates legal procedures or was applied after the expiration of the right of appeal. In this case, the original court shall decide to dismiss the appeal. If the original court does not dismiss the appeal, the appellate court shall decide on this instead. The defendant may file an immediate appeal on this decision (Articles 360 and 362 of the Criminal Procedure Act).
※ Definition of Legal Terms
Immediate Appeal: An immediate appeal is an appeal that can be filed within three days. This is because the suspension of execution is in effect. Therefore, the original trial’s execution is suspended during the filing of an appeal or when the appeal is filed.
The immediate appeal is approved by law to acknowledge the effectiveness of execution suspension and be advantaged to object to the judgment of the original court. Also, it aims to prevent the trial execution from being unjustly suspended long term by limiting the period of appeal short-term.
- Statement of Appeal and Written Reply
· The appellant or the appellant’s attorney shall submit the statement of appeal to the appellate court within 20 days after the court’s notification of receiving the records of lawsuit (Front Part of Article 361-3, paragraph 1 of the Criminal Procedure Act).
※ Suppose the defendant in prison or detention center submits the written appeal to the warden of a prison or detention center, or a substitutor of the warden within the period of filing the appeal. In this case, the defendant shall be considered to have filed the appeal within its designated period (Latter Part of Article 361-3, paragraph 1 of the Criminal Procedure Act).
· The appellate court that has received the statement of appeal shall deliver the statement copy or certified statement copy to the opposite party. Then, the opposite party shall submit a written reply to the appellate court within 10 days after receiving the statement (Article 361-3, paragraphs 2 and 3 of the Criminal Procedure Act).
※ Suppose the appellant or the appellant’s attorney failed to submit the statement of appeal within the designated period. In this case, the appellate court shall dismiss the appeal (excluding the necessity of inspection by official authority, or the reason of appeal indicated in the written appeal). The appellant may file an immediate appeal for this decision (Article 361-4 of the Criminal Procedure Act).
Judgment of the Appellate Court- The appellate court judges the reason indicated in the appeal statement. Even if the reason affecting the judgment was not included in the statement of appeal, the appellate court might make a judgment by its official authority (Article 364, paragraphs 1 and 2 of the Criminal Procedure Act).
- The appellate court will decide to dismiss the appeal if considering the appeal unreasonable (Article 364, paragraph 4 of the Criminal Procedure Act).
- If the appellate court considers the appeal reasonable, it shall abrogate the judgment of the original court and rejudge the trial (Article 364, paragraph 6 of the Criminal Procedure Act).
Prohibition of Disadvantageous Alteration- Suppose the defendant or the defendant’s attorney, not the prosecutor, filed an appeal. In this case, the court shall not impose a punishment of a heavier sentence than the one declared at the original trial (Article 368 of the Criminal Procedure Act).