Main Issues

§ 297. Method of appeal to the ruling of the Court under section 297.

Summary of Decision

An immediate appeal may be filed with the Supreme Court under Article 454 of the Military Court Act on the grounds that the ruling under each subparagraph of Article 297 (1) of the Military Court Act is not a matter of principle under Article 297 (3): Provided, That an immediate appeal may be filed with the Supreme Court under Article 454 of the same Act on the grounds that such a ruling

[Reference Provisions]

§ 297, § 454, 297, 454

Re-appellant

Re-appellant

United States of America

The Army, High Military Court Order 80 High Military Court Order 23 dated May 17, 1980

Text

The reappeal is dismissed.

Reasons

In principle, with respect to the ruling under the subparagraphs of Article 297 (1) of the Appellate Court Act, the appeal may not be filed in accordance with paragraph (3) of the same Article. However, only when it is made on the ground that it violates the Constitution, laws, orders or rules, an immediate appeal may be filed to the Supreme Court under Article 454 of the Appellate Court Act. Meanwhile, according to Article 445 of the Appellate Court Act, the period for immediate appeal shall be three days. According to the records of Japan, the re-appellant was served with the original copy of the ruling of this case by the Appellate Court, the date when the original copy of the ruling of this case was served by the Appellate Court, and it is obvious that the head of this case (re-appeal) was received by the Appellate Court, and therefore, the period of the immediate appeal is limited to the period, and it cannot be exempted from its application pursuant to Article 452 (47) of the Appellate Court Act.