2019.12.10

2018 (A) 1409

Keishu Vol. 73, No. 5

Decision concerning the validity of an appeal to the court of second instance filed by means of a written motion for appeal which only indicates the name of the accused and does not carry the signature nor the seal of the accused

Case charged for damage to property, violation of the Road Traffic Act, and theft

Decision of the First Petty Bench, dismissed

Osaka High Court, Judgment of September 5, 2018

An appeal to the court of second instance filed by means of a written motion for appeal which only indicates the name of the accused and does not carry the signature nor the seal of the accused should be considered to be invalid even if the envelope of the postal item in which that written motion was enclosed carries the signature of the accused.

Article 374 of the Code of Criminal Procedure and Article 60 of the Rules of Criminal Procedure



Code of Criminal Procedure

Article 374

An appeal to the court of second instance shall be filed by submitting a written application to the court of first instance.



Rules of Criminal Procedure

(Document Prepared by a Person Other than a Public Officer)

Article 60

With regard to a document to be prepared by a person other than a national public officer or other public officer, said person shall enter the date and affix his/her signature and seal thereto.

The final appeal is dismissed.

The reasons for final appeal stated by the defense counsel, ISHII Tojiro, including the arguments of violation of the Constitution and violation of a judicial precedent, are in effect arguments of mere violation of laws and regulations and erroneous finding of facts, and do not constitute any of the reasons for final appeal referred to in Article 405 of the Code of Criminal Procedure.

An appeal to the court of second instance filed by means of a written motion for appeal which only indicates the name of the accused and does not carry the signature nor the seal of the accused should be considered to be invalid even if the envelope of the postal item in which that written motion was enclosed carries the signature of the accused. The determination of the court of prior instance to the same effect as this is justifiable and therefore it can be upheld.

Accordingly, in accordance with Article 414, Article 386, paragraph (1), item (iii), and the proviso to Article 181, paragraph (1) of the Code of Criminal Procedure, the Court unanimously decides as set forth in the main text of the decision.

Justice KIZAWA Katsuyuki

Justice IKEGAMI Masayuki

Justice KOIKE Hiroshi

Justice YAMAGUCHI Atsushi

Justice MIYAMA Takuya