Chapter3 Trial
Section1 CourtsandSaiban-inTrials
1 Courts In principle,the first instance trials of criminal cases are conducted by district,summary,or family courts.High courts have jurisdiction over Koso appeals against judgments in the first instance,and the Supreme Court has jurisdiction over Jokoku appeals(final appeals)against judgments in Koso appeals. District courts are principal courts for the first instance trials,except for(1)offenses subject to punishment by fines,minor fines or penal detention(excluding certain offenses under the Marine Pollution Prevention Law,etc.),and(2)offenses coming under the exclusive jurisdiction of family courts or high courts. Summary courts have the first instance jurisdiction over(1)offenses subject to punishment by fines,minor fines or penal detention,(2)offenses for which fines are stipulated as an optional punishment(excluding offenses under the Pollution Crime Law),(3)habitual gambling,opening gambling place,larceny,attempted larceny,embezzlement,and offenses concerning property obtained through crime.Exceptions are offenses coming under the exclusive jurisdiction of family courts.Summary courts in principle cannot sentence imprisonment or death,but may sentence imprisonment with labor of three years or less for offenses listed in(3)and other certain offenses. Family courts deal with juvenile cases and have the first instance jurisdiction over prosecutions of adult criminal cases against the welfare of juveniles under the Juvenile Law(Law No.168of1948)and the Child Welfare Law. High courts have jurisdiction over(1)Koso appeals against judgments by district,family and summary courts,(2)Kokoku appeals against decisions and orders by these courts(excluding Kokoku appeals under the jurisdiction of the Supreme Court),and(3)the first instance of insurrection.In addition,the Tokyo High Court has the first instance jurisdiction over certain offenses under the Anti-Monopoly Law. The Supreme Court has jurisdiction over Jokoku appeals and over Kokoku appeals as specifically stipulated by law. The first instance in district and family courts is conducted in ordinary trial procedure,while that in summary courts is conducted in ordinary or summary trial procedure.
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