Chapter 3 Trial
Section 1 Overview In principle, first instance trials in criminal cases are conducted by district, family, and summary courts. Koso appeals against judgments by these courts in the first instance are brought to high courts, and Jokoku appeals for the last instance against the judgments in these Koso appeals are brought to the Supreme Court. District courts have the first instance jurisdiction over prosecutions of offenses, except for offenses subject to punishment by fines or lighter, offenses coming under the exclusive jurisdiction of family courts and offenses over which high courts have the first instance jurisdiction. Family courts deal with juvenile trials under the Juvenile Law and have jurisdiction over prosecutions of adult criminal cases involving adults against the welfare of juveniles. Summary courts have the first instance jurisdiction over prosecutions of offenses subject to punishment by fines or lighter, offenses for which fines are stipulated as an optional punishment, habitual gambling, opening of a place of gambling for the purpose of profit, larceny, attempted larceny, embezzlement (Article 252 of the Penal Code), and illegal transaction of stolen property, except for those coming under the exclusive jurisdiction of family courts. High courts have jurisdiction over Koso appeals against judgments by district, family and summary courts and Kokoku appeals against decisions and orders by these courts (excluding Kokoku appeals under the jurisdiction of the Supreme Court) as well as the first instance jurisdiction over prosecutions of offenses over which high courts have the first instance jurisdiction such as insurrection. The Supreme Court has jurisdiction over Jokoku appeals and over Kokoku appeals as specifically stipulated by law. First instance trials in district and family courts are conducted in accordance with ordinary proceedings for public trial while first instance trials in summary courts are conducted in accordance with ordinary proceedings for public trial or summary proceedings. (Hereinafter, trials that are conducted by first instance courts in accordance with ordinary proceedings for public trial are referred to as"ordinary first instance". )
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