White paper on crime 2004 Part2/Chapter3/Section2/3.
The Koso appeal rate in2003was11.6%against judgments by district courts and5.6%by summary courts,remaining at the same level as the previous year.In2003,the number of Koso appeal defendants finally disposed by high courts was8,875.Among them,8,660were appealed by the defendant's side,163were by the public prosecutor,51were by both sides,and one was by"reversal and remand/transfer"(Source:Annual Report of Judicial Statistics).
Table 2-3-2-4 shows the dispositions made by high courts in Koso appeal trials in2003,by type of offense.
The percentage of dismissals of Koso appeal was the highest65.5%of the total,followed by withdrawal with19.5%and new judgment with14.6%.
If examined the reasons for reversal of original judgments at high courts in the total of1,310defendants,798were reversed due to the circumstances after the original judgments,accounting for the largest,followed by inappropriateness of sentencing with328and error in fact-finding with115.Under the new judgments,12defendants were found not guilty,0.1%of the total Koso appeal trials(Source:Annual Report of Judicial Statistics).
Of the32defendants for which public prosecutors filed Koso appeals against the not-guilty judgments in the first instance in2003,25were found guilty(Source:Annual Report of Statistics on Prosecution).
The Jokoku appeal rate against judgments made by Koso appeal trials in2003was44.2%,higher than the Koso appeal rate against those of the first instance.The Supreme Court newly received Jokoku appeals involving2,761defendants,and made final disposition on2,783defendants.In the final dispositions,2,159(77.6%)were disposed as dismissal of Jokoku appeals,609(21.9%)as withdrawal of Jokoku appeals,nine as dismissal of prosecution,and five as new judgment,and one was reversed and remanded or transferred(Source:Annual Report of Judicial Statistics).