控訴 in 30 Seconds
- First appeal to a High Court.
- Used when dissatisfied with a verdict.
- Strict deadlines apply (usually 14 days).
- Distinct from the final Supreme Court appeal.
The Japanese word 控訴 (kouso) is a fundamental legal term that translates to 'appeal' in English, specifically referring to the first appeal made to a higher court against the judgment of a lower court. Understanding this term requires a deep dive into the Japanese judicial system, which operates on a three-tiered system known as 三審制 (sanshinsei). When a party is dissatisfied with the initial ruling (usually at a District Court or Family Court), they have the legal right to file a 控訴 to a High Court. This is not merely a request for a second opinion; it is a formal, structured demand for a comprehensive re-examination of both the factual evidence and the application of the law. The concept of appealing is deeply rooted in the constitutional right to a fair trial, ensuring that errors in judgment, misinterpretations of the law, or overlooked evidence can be rectified. In everyday conversation, you might not hear this word frequently unless you are discussing news, high-profile criminal cases, or legal dramas. However, for anyone studying Japanese at an advanced level, or those working in legal, journalistic, or academic fields, mastering the nuances of 控訴 is absolutely essential. It differs from 上告 (joukoku), which is the second and final appeal to the Supreme Court, usually strictly limited to constitutional issues or significant errors in legal interpretation. The process of filing a 控訴 is bound by strict time limits, typically within two weeks of the original verdict. If this window is missed, the judgment becomes final (確定, kakutei). Therefore, the decision to file a 控訴 is often a highly pressurized and strategic move, involving extensive consultation with legal counsel, a reassessment of the case's strengths and weaknesses, and a consideration of the financial and emotional costs of prolonging the litigation. The term itself is composed of two kanji: 控 (kou), meaning to pull, hold back, or keep in reserve, and 訴 (so), meaning to sue, complain, or appeal. Together, they convey the idea of bringing a complaint forward to a higher authority while holding the finality of the previous judgment in abeyance.
- Legal Context
- Used strictly within the judicial system to denote the first level of appeal.
- Everyday Usage
- Rarely used in casual conversation, mostly found in news reports and legal documents.
- Key Distinction
- Must be distinguished from joukoku, which is the final appeal to the Supreme Court.
The defendant decided to file a 控訴 immediately after the guilty verdict was read.
Filing a 控訴 requires a detailed statement of reasons for the appeal.
Furthermore, the psychological impact of a 控訴 cannot be understated. For victims of crimes, an appeal by the defendant can mean years of continued emotional distress and uncertainty. Conversely, for a wrongfully convicted individual, it represents the only beacon of hope for justice. The media often heavily scrutinizes high-profile appeals, analyzing the strategies of the defense and prosecution. In civil cases, a 控訴 might be used as a negotiating tactic to force a settlement before the High Court actually hears the case. The costs associated with an appeal, including court fees and attorney retainers, are substantial, making it a decision that is never taken lightly. The High Court, upon receiving the appeal, will review the trial records and may occasionally hear new evidence or witness testimonies, although this is less common than in the initial trial. The outcome of a 控訴 can be a dismissal of the appeal (控訴棄却), a reversal of the lower court's decision (破棄差戻し or 破棄自判), or a modification of the sentence. Understanding these potential outcomes is crucial for fully grasping the weight and significance of the word 控訴 in the Japanese language.
- Civil Cases
- Used to dispute damages, liability, or contractual obligations.
- Criminal Cases
- Used to dispute guilt, sentencing severity, or procedural errors.
- Administrative Cases
- Used to challenge government actions or decisions.
The prosecution's 控訴 was seen as a rare move in this type of case.
He withdrew his 控訴 after reaching a private settlement.
In conclusion, while 控訴 might seem like a simple translation of 'appeal', its usage is deeply embedded in the specific procedural rules and cultural attitudes towards litigation in Japan. It is a word that carries the weight of justice, the burden of proof, and the relentless pursuit of truth within the confines of the law. Whether you are reading a newspaper, watching a legal drama, or studying Japanese law, recognizing the profound implications of this term will significantly enhance your comprehension and appreciation of the language.
- Kanji Breakdown
- 控 (kou) implies holding or waiting; 訴 (so) implies complaining or suing.
- Pronunciation
- Pronounced with a long 'o' sound: koo-so.
- Collocation
- Often paired with verbs like 'suru' (to do) or 'kikyaku' (dismissal).
The 控訴 court upheld the original decision.
Using the word 控訴 (kouso) correctly requires an understanding of its grammatical function and the specific collocations it forms within legal contexts. Primarily, 控訴 is a noun. However, like many Sino-Japanese nouns (kango), it is most frequently transformed into a verb by appending the suffix する (suru), creating 控訴する (kouso suru), which means 'to appeal'. When constructing sentences, the party making the appeal is marked with the subject particle が (ga) or the topic particle は (wa). The target of the appeal, usually the judgment (判決, hanketsu), is marked with the particle に対して (ni taishite), meaning 'against'. For example, '被告人は判決に対して控訴した' (The defendant appealed against the judgment). It is crucial to note that you do not appeal 'to' a person in this context; you appeal 'to' a higher court (高等裁判所に控訴する) 'against' a decision. This structural nuance is vital for sounding natural and legally accurate in Japanese. Beyond the basic verb form, 控訴 appears in numerous compound nouns that describe various stages and documents of the appellate process. For instance, the document you file is a 控訴状 (kousojou, notice of appeal). The reasons you provide are the 控訴理由 (kouso riyuu, grounds for appeal). The court that hears the case is the 控訴裁判所 (kouso saibansho, appellate court), and the trial itself is the 控訴審 (kousoshin, appellate trial). Familiarizing yourself with these compounds is essential for reading Japanese news or legal texts, as they are used extensively to provide precise information without lengthy explanations.
- Verb Formation
- Add 'suru' to make it an action: 控訴する (to appeal).
- Particle Usage
- Use 'ni taishite' to indicate what is being appealed against.
- Compound Nouns
- Frequently combined with other kanji to form specific legal terms.
弁護側は直ちに控訴する方針を明らかにした。
控訴審の初公判が本日開かれた。
Another critical aspect of using 控訴 is understanding the verbs that collocate with it when it remains a noun. If you want to say 'to file an appeal', you can use 控訴を申し立てる (kouso o moushitateru) or 控訴を提起する (kouso o teiki suru). These are highly formal expressions used in official documents and formal news broadcasts. If an appeal is withdrawn, the phrase is 控訴を取り下げる (kouso o torisageru). When the court rejects the appeal because it lacks legal merit or procedural correctness, it is 控訴を棄却する (kouso o kikyaku suru). If the court accepts the appeal and overturns the lower court's decision, the phrase involves the word 破棄 (haki, reversal). Mastering these specific verb pairings elevates your Japanese from conversational to professional. It demonstrates a sophisticated grasp of the language's register and the specific vocabulary required for formal discourse. In written Japanese, especially in journalism, sentences involving 控訴 are often long and complex, embedding multiple clauses to explain the background of the case, the original verdict, and the reasons for the appeal within a single sentence. Therefore, practice reading complex sentences is just as important as knowing the vocabulary.
- Filing an Appeal
- 控訴を申し立てる (kouso o moushitateru) - Formal way to say file.
- Withdrawing
- 控訴を取り下げる (kouso o torisageru) - To cancel the appeal.
- Dismissal
- 控訴棄却 (kouso kikyaku) - The court rejects the appeal.
検察側は控訴を断念した。
控訴期限は明日までとなっている。
Finally, it is important to understand the register and tone associated with 控訴. It is an objective, formal term. It does not carry emotional weight on its own, unlike words like 'plead' or 'beg'. It is a procedural reality. Therefore, when using it in writing or speech, the surrounding language should also maintain a level of formality and objectivity. Avoid using slang or overly casual grammar structures when discussing a 控訴. Stick to standard polite forms (desu/masu) or the formal written style (da/dearu). By aligning the tone of your sentence with the formality of the word, you ensure that your communication is effective, respectful, and appropriate for the context. Whether you are translating a legal document, summarizing a news article, or discussing a famous case with a Japanese colleague, using 控訴 correctly will mark you as a proficient and culturally aware speaker of the Japanese language.
- Tone
- Highly formal and objective; avoid casual slang.
- Written Style
- Often used with 'da/dearu' in newspapers and legal texts.
- Spoken Style
- Use 'desu/masu' when discussing it in a professional setting.
彼は無罪を主張して控訴した。
The term 控訴 (kouso) is deeply embedded in specific domains of Japanese society, and understanding where you are most likely to encounter it can help contextualize its usage and importance. The most common place the average person hears this word is on the daily news. Japanese news broadcasts (ニュース番組, nyuusu bangumi) and newspapers (新聞, shinbun) dedicate significant coverage to the judicial system, especially regarding high-profile criminal cases, corporate scandals, or significant civil rights lawsuits. When a verdict is handed down in a major trial, the immediate follow-up question from reporters is always whether the losing party plans to file a 控訴. You will hear phrases like '即日控訴した' (sokujitsu kouso shita - appealed on the same day) or '控訴を検討している' (kouso o kentou shiteiru - considering an appeal) constantly in this context. The media uses this term to track the lifecycle of a legal battle, which in Japan can span many years. For language learners, watching the evening news or reading the social affairs section (社会面, shakaimen) of a Japanese newspaper is the best way to see 控訴 used in its natural habitat, surrounded by related vocabulary like 判決 (verdict), 被告 (defendant), and 検察 (prosecution). Another major domain where 控訴 is frequently heard is in Japanese legal dramas and movies. The courtroom drama is a highly popular genre in Japan, with shows like 'Hero', '99.9 Criminal Lawyer', and 'Legal High' enjoying massive viewership. In these dramatized settings, the threat of a 控訴 is often used as a plot device to build tension, negotiate settlements, or showcase the relentless determination of the protagonist lawyer. While the dramatic flair might exaggerate the reality of the legal process, the terminology used, including 控訴, is generally accurate and provides excellent listening practice for learners.
- News Broadcasts
- The primary source for hearing the word in daily life.
- Newspapers
- Found extensively in the social affairs and legal sections.
- Legal Dramas
- A popular entertainment genre that heavily utilizes legal terminology.
ニュースでその事件の控訴について報じられた。
ドラマの主人公は決して控訴を諦めなかった。
Beyond media and entertainment, 控訴 is an everyday word within the legal profession itself. Lawyers (弁護士, bengoshi), judges (裁判官, saibankan), and prosecutors (検察官, kensatsukan) use it constantly in their daily work. It appears in legal briefs, court transcripts, and professional consultations. If you work in translation, interpretation, or international business involving Japanese legal matters, 控訴 is a word you must know intimately. In corporate settings, particularly within a company's legal department (法務部, houmubu), the term might arise when discussing ongoing litigation involving the company, such as patent disputes, labor lawsuits, or contract breaches. The decision to pursue a 控訴 in a corporate context involves risk assessment, cost-benefit analysis, and public relations considerations. Therefore, the word is not just a legal term but also a business strategy term in these specific environments. Even in everyday life, while rare, a person might encounter the word if they are involved in a traffic accident dispute, a divorce settlement, or a property disagreement that escalates to the court level. In such stressful personal situations, understanding the legal documents, which will prominently feature terms like 控訴期間 (appeal period), is crucial for protecting one's rights.
- Legal Profession
- Standard vocabulary for lawyers, judges, and prosecutors.
- Corporate Law
- Used in legal departments regarding company litigation.
- Personal Disputes
- May appear in documents related to severe personal legal battles.
法務部は控訴のリスクを評価している。
弁護士は控訴状の作成に取り掛かった。
Finally, academic and educational settings are another place where 控訴 is frequently discussed. Law students at Japanese universities spend years studying the Code of Civil Procedure and the Code of Criminal Procedure, where the rules governing 控訴 are detailed extensively. Academic papers, legal journals, and constitutional debates often center around the efficacy and fairness of the appellate system. For foreign students studying Japanese law, mastering this vocabulary is a prerequisite for passing exams and participating in seminars. In summary, while 控訴 is not a word you will use when ordering food or chatting with friends, it is a high-frequency, high-importance word in the realms of news, entertainment, law, business, and academia. Its presence signifies a serious, formal, and often consequential situation, making it a powerful word to add to your advanced Japanese vocabulary arsenal.
- Law Schools
- A core concept taught in procedural law classes.
- Academic Journals
- Frequently analyzed in legal research and publications.
- Examinations
- Commonly tested in legal and advanced language proficiency exams.
大学の講義で控訴の要件について学んだ。
When learning the legal term 控訴 (kouso), learners often make several common mistakes, primarily stemming from a misunderstanding of the Japanese judicial system's specific terminology and the nuances of translation. The most frequent and significant error is confusing 控訴 (kouso) with 上告 (joukoku). In English, both can be translated simply as 'appeal'. However, in Japanese law, they refer to entirely different stages of the process. 控訴 is strictly the *first* appeal, moving from a lower court (like a District Court) to a High Court. 上告 is the *second* and final appeal, moving from a High Court to the Supreme Court. Using them interchangeably is a major factual error in Japanese. If you say someone filed a 控訴 to the Supreme Court, it sounds nonsensical to a native speaker familiar with the system. To avoid this, always remember the sequence: first trial (第一審) -> kouso (控訴) -> joukoku (上告). Another common mistake relates to the verb pairings. Learners sometimes try to directly translate English phrases like 'make an appeal' or 'do an appeal' using incorrect verbs. While 控訴する (kouso suru) is perfectly correct and common, using verbs like 控訴を作る (kouso o tsukuru - to make an appeal) or 控訴をやる (kouso o yaru - to do an appeal) sounds unnatural and unprofessional. You must use the established collocations: 控訴を申し立てる (moushitateru - to file) or 控訴を提起する (teiki suru - to institute). Learning the word in isolation without its proper verbs leads to awkward phrasing.
- Kouso vs Joukoku
- Kouso is the first appeal; Joukoku is the final appeal to the Supreme Court.
- Incorrect Verbs
- Avoid using 'tsukuru' or 'yaru' with kouso.
- Translation Trap
- Don't assume all English uses of 'appeal' translate to kouso.
❌ 彼は最高裁判所に控訴した。 (Incorrect court level)
⭕ 彼は高等裁判所に控訴した。 (Correct court level)
A third common mistake involves the broader English meaning of the word 'appeal'. In English, 'appeal' can mean to make a heartfelt request (e.g., 'He appealed to her sense of justice') or to be attractive (e.g., 'The design appeals to me'). 控訴 CANNOT be used in these contexts. It is strictly a legal term. If you want to say 'appeal to someone's emotions', you should use 訴えかける (uttaekakeru) or 懇願する (kongan suru). If you mean 'attractive', you use 魅力がある (miryoku ga aru) or アピールする (apiiru suru - using the English loanword). Using 控訴 to describe a beautiful painting or a desperate plea to a friend is a comical mistake that immediately reveals a reliance on a basic dictionary without understanding context. Furthermore, learners sometimes struggle with the pronunciation, particularly the vowel length. It is kōso (long 'o' on the first syllable), not koso. Pronouncing it with a short 'o' might confuse listeners, as 'koso' is a completely different grammatical particle in Japanese (meaning 'for sure' or 'precisely'). Paying attention to the long vowels is crucial for intelligibility. Lastly, understanding the particle usage is a common stumbling block. As mentioned earlier, you appeal *against* a judgment. Learners often use the particle に (ni) incorrectly, saying 判決に控訴する, which is understandable but less precise than the correct 判決に対して控訴する (hanketsu ni taishite kouso suru).
- Non-Legal Contexts
- Never use kouso to mean 'attractive' or 'a heartfelt plea'.
- Pronunciation Error
- Ensure the first 'o' is elongated: kōso, not koso.
- Particle Error
- Use 'ni taishite' instead of just 'ni' for the judgment being appealed.
❌ このデザインは私に控訴する。 (Wrong meaning of appeal)
⭕ このデザインは私にとって魅力的だ。 (Correct way to say attractive)
To summarize, mastering 控訴 requires more than just knowing its English equivalent. It demands an awareness of the Japanese legal hierarchy, the specific verbs that accompany it, the strict limitation to legal contexts, accurate pronunciation, and precise particle usage. By actively avoiding these common pitfalls, you can ensure that your use of this advanced vocabulary word is accurate, natural, and professional. Reading Japanese news articles about court cases and paying close attention to how the word is deployed in sentences is the most effective way to internalize these rules and overcome these common mistakes. Remember, precision in legal terminology is paramount, and demonstrating that precision will greatly impress native speakers.
- Summary
- Precision is key; avoid direct English translations.
- Practice
- Read news articles to see correct usage.
- Awareness
- Be mindful of the three-tier court system.
正しい文脈で控訴という言葉を使うことが重要です。
When studying the word 控訴 (kouso), it is essential to understand its place within a broader network of related legal terminology. Japanese has a highly specific vocabulary for different types of appeals and legal complaints, and distinguishing between these similar words is a mark of advanced proficiency. The overarching term for any appeal to a higher court is 上訴 (jouso). You can think of 上訴 as the umbrella category. Under this umbrella, there are three main types: 控訴 (kouso), 上告 (joukoku), and 抗告 (koukoku). As discussed, 控訴 is the first appeal against a judgment (判決, hanketsu). 上告 is the second and final appeal to the Supreme Court. 抗告 (koukoku), however, is slightly different. It is an appeal against a court *order* or *decision* (決定, kettei or 命令, meirei) rather than a final judgment. For example, if a judge denies a request for bail, the defendant's lawyer would file a 抗告, not a 控訴. Understanding this distinction between judgments and orders is crucial for using these terms correctly. Another related term is 異議申立て (igi moushitate), which translates to 'filing an objection'. This is a broader term that can be used in administrative contexts (e.g., objecting to a tax assessment) or within a trial (e.g., objecting to a piece of evidence), whereas 控訴 is strictly for appealing a final court ruling to a higher tier. By mapping out these terms, you create a clearer mental picture of the Japanese legal landscape.
- 上訴 (Jouso)
- The general term for any appeal to a higher court.
- 上告 (Joukoku)
- The final appeal to the Supreme Court.
- 抗告 (Koukoku)
- An appeal against a court order, not a final judgment.
彼は判決に不服で控訴し、その後上告した。
保釈却下の決定に対して抗告を行った。
Beyond the strict appellate terms, there are other words related to expressing dissatisfaction or initiating legal action that are conceptually similar but functionally different. 不服申立て (fufuku moushitate) is a formal expression meaning 'filing a complaint' or 'declaring dissatisfaction'. It is often used in administrative law when a citizen challenges a government agency's decision. While a 控訴 is a type of 不服申立て within the judicial system, the latter is a much broader concept. Then there is the word 提訴 (teiso), which means 'to file a lawsuit' or 'to sue'. This is the action that starts the entire legal process at the district court level, long before a 控訴 is even possible. Confusing 提訴 (starting a trial) with 控訴 (appealing a trial) is a critical error that completely changes the timeline of the events you are describing. Another word to consider is 訴え (uttae), which is the native Japanese (wago) equivalent of the Sino-Japanese (kango) concept of suing or complaining. 訴え is softer, more general, and can be used in everyday conversation to mean a complaint or a plea, whereas 控訴 is rigidly formal. Understanding the register differences between wago and kango is a key aspect of mastering Japanese vocabulary. When reading a news article, you might see 訴え used in the headline for brevity, while 控訴 is used in the detailed text.
- 不服申立て (Fufuku moushitate)
- A broad term for filing a formal complaint or objection.
- 提訴 (Teiso)
- Filing the initial lawsuit to start a trial.
- 訴え (Uttae)
- A more general, less formal word for a complaint or lawsuit.
被害者は国を相手に提訴した。
彼の切実な訴えは裁判官に届かなかった。
In conclusion, the word 控訴 exists within a highly structured ecosystem of legal vocabulary. To use it accurately, you must not only know its direct translation but also its boundaries. It is distinct from the final appeal (上告), distinct from appeals against orders (抗告), distinct from the initial lawsuit (提訴), and distinct from general complaints (不服申立て). By studying these similar words together, you build a robust and nuanced understanding of Japanese legal terminology. This comparative approach is highly effective for advanced learners, as it prevents the common pitfall of treating all related words as interchangeable synonyms. When you can confidently explain the difference between a 控訴 and a 上告, you have truly mastered this segment of the Japanese language.
- Ecosystem
- Legal terms in Japanese are highly specific and structured.
- Nuance
- Distinguishing these terms shows high language proficiency.
- Study Method
- Learn legal terms in groups to understand their relationships.
これらの類似語の違いを理解することが重要です。
How Formal Is It?
Difficulty Rating
Grammar to Know
Noun + を不服として (dissatisfied with ~)
Verb-dictionary form + 権利がある (have the right to ~)
Noun + に対して (against/towards ~)
Verb-ta form + ため (because ~ happened)
Passive voice for legal decisions (棄却される - to be dismissed)
Examples by Level
彼は控訴します。
He will appeal.
Basic verb form using 'shimasu'.
控訴はなんですか？
What is an appeal?
Simple question using 'nan desu ka'.
私は控訴しません。
I will not appeal.
Negative verb form 'shimasen'.
控訴をしますか？
Will you appeal?
Question form using 'ka'.
それは控訴です。
That is an appeal.
Basic 'A is B' structure.
控訴がしたいです。
I want to appeal.
Expressing desire using 'tai desu'.
控訴は難しいです。
Appealing is difficult.
Adjective description.
明日、控訴します。
I will appeal tomorrow.
Adding a time word.
裁判で負けたので、控訴しました。
Because I lost at the trial, I appealed.
Using 'node' for reason.
ニュースで控訴について聞きました。
I heard about the appeal on the news.
Using 'ni tsuite' (about).
控訴の理由を教えてください。
Please tell me the reason for the appeal.
Using 'te kudasai' for a request.
彼は判決に反対して控訴するつもりです。
He plans to appeal in opposition to the verdict.
Using 'tsumori' for intention.
控訴するにはお金がかかります。
It costs money to appeal.
Using 'ni wa' to indicate purpose/requirement.
まだ控訴するかどうか決めていません。
I haven't decided whether to appeal yet.
Using 'ka dou ka' (whether or not).
弁護士と控訴の話をしました。
I talked with my lawyer about the appeal.
Using 'to' for 'with'.
控訴の期限は来週です。
The deadline for the appeal is next week.
Simple sentence with vocabulary 'kigen' (deadline).
被告側は判決を不服として直ちに控訴した。
The defense, dissatisfied with the verdict, appealed immediately.
Using 'wo fufuku to shite' (dissatisfied with).
高等裁判所は一審の判決を支持し、控訴を棄却した。
The High Court supported the first instance verdict and dismissed the appeal.
Using 'kikyaku' (dismissal).
控訴状を提出するために裁判所へ行かなければならない。
I have to go to the court to submit the notice of appeal.
Using 'nakereba naranai' (must do).
検察が控訴を断念したため、無罪が確定した。
Because the prosecution gave up on appealing, the not-guilty verdict became final.
Using 'tame' for cause/reason.
控訴審では新たな証拠が提出される予定だ。
New evidence is scheduled to be submitted in the appellate trial.
Passive voice 'teishutsu sareru'.
控訴期間は判決の翌日から起算して14日間です。
The appeal period is 14 days counting from the day after the verdict.
Formal time expression 'kisan shite'.
被害者の家族は、被告の控訴に対して強い怒りを示した。
The victim's family showed strong anger towards the defendant's appeal.
Using 'ni taishite' (towards/against).
彼が控訴を取り下げた理由は明らかになっていない。
The reason why he withdrew the appeal has not been made clear.
Noun modification clause 'kare ga kouso o torisageta riyuu'.
事実誤認を理由に控訴を申し立てることは、刑事訴訟において一般的な権利である。
Filing an appeal on the grounds of factual errors is a common right in criminal litigation.
Using 'wo riyuu ni' (on the grounds of).
一審判決に重大な法令違反があったと主張し、弁護団は控訴に踏み切った。
Claiming there was a serious violation of the law in the first instance verdict, the defense team took the step of appealing.
Using 'ni fumikiru' (to take a decisive step).
民事裁判における控訴審は、原則として一審の訴訟資料を引き継いで行われる。
In principle, appellate trials in civil cases are conducted by taking over the litigation materials from the first instance.
Using 'ni okeru' (in/at) and 'hikitsuide' (taking over).
裁判長は、控訴理由書に記載された主張には理由がないと判断した。
The presiding judge determined that the arguments stated in the statement of reasons for appeal lacked merit.
Formal vocabulary 'kouso riyuusho' and 'riyuu ga nai'.
双方が控訴しなかったため、第一審の判決がそのまま確定する運びとなった。
Because neither party appealed, the judgment of the first instance is set to become final as it is.
Using 'hakobi to natta' (it has come about that).
量刑不当を訴えて控訴したものの、刑期が短縮される可能性は極めて低いと見られている。
Although they appealed claiming the sentence was unjust, the possibility of the prison term being shortened is seen as extremely low.
Using 'monono' (although).
控訴審判決に不服がある場合は、さらに最高裁判所へ上告することができる。
If one is dissatisfied with the appellate court's judgment, they can further appeal to the Supreme Court.
Explaining the legal sequence using 'baai wa' (in the case of).
被告側は、控訴審において新たな証人を喚問するよう求めたが却下された。
The defense requested to summon a new witness in the appellate trial, but it was rejected.
Using 'you motometa' (requested that).
本件控訴は、原判決の事実認定に経験則違反があるとの主張を中核としている。
This appeal centers on the argument that the fact-finding of the original judgment violates empirical rules.
Highly formal legal phrasing 'keikensoku ihan' and 'chuukaku to shite iru'.
控訴審が事後審としての性格を強めている現状において、一審での主張立証の重要性はいや増している。
In the current situation where appellate trials are strengthening their character as ex-post reviews, the importance of assertion and proof in the first instance is ever increasing.
Advanced vocabulary 'jigoshin' and 'iya mashite iru'.
検察官の控訴権の行使は、被告人の二重の危険（ダブル・ジョパディ）との関係で慎重であるべきだという学説もある。
There is also an academic theory that the exercise of the prosecutor's right to appeal should be cautious in relation to the defendant's double jeopardy.
Academic legal discussion using 'koushi' and 'gakusetsu'.
控訴審において和解が成立し、長年にわたる法廷闘争がようやく終結を見た。
A settlement was reached in the appellate trial, and the years-long legal battle finally saw its end.
Using 'shuuketsu o mita' (saw an end).
原審の訴訟手続に重大な違法がある場合、控訴裁判所は判決を破棄し、事件を原裁判所に差し戻さなければならない。
If there is a serious illegality in the litigation procedures of the original instance, the appellate court must quash the judgment and remand the case to the original court.
Explaining procedural law 'haki shi, sashimodosanakereba naranai'.
控訴審における逆転無罪判決は、捜査機関の証拠収集のあり方に一石を投じる結果となった。
The reversal to a not-guilty verdict in the appellate trial resulted in casting a stone at the way investigative agencies collect evidence.
Idiomatic expression 'isseki o toujiru'.
被告人は控訴趣意書において、自白の任意性を真っ向から否定し、強要されたものであると主張した。
In the statement of reasons for appeal, the defendant squarely denied the voluntariness of the confession, claiming it was coerced.
Formal legal document 'kouso shuisho' and adverb 'makkou kara'.
訴訟経済の観点から、無意味な控訴の乱用を防ぐための制度的担保が求められている。
From the perspective of litigation economy, institutional guarantees are required to prevent the abuse of meaningless appeals.
Advanced conceptual vocabulary 'soshou keizai' and 'ranyou'.
控訴審の構造的特質である続審制と事後審制の交錯は、我が国の民事訴訟法学における長年の論点である。
The intersection of the continuous trial system and the ex-post review system, which is a structural characteristic of the appellate trial, is a long-standing issue in our country's civil procedural law studies.
Extremely dense academic legal terminology.
最高裁は、控訴審が第一審の裁量権の逸脱を認定する際の厳格な基準を判例によって示してきた。
The Supreme Court has shown through precedents the strict standards when an appellate court recognizes a deviation from the discretionary power of the first instance.
Discussion of jurisprudence 'sairyouken no itsudatsu'.
刑事控訴審における事実調べの制限は、迅速な裁判の要請と真実発見の理念との間のきわどい均衡の上に成り立っている。
The restriction on fact-finding in criminal appellate trials is built upon a delicate balance between the demand for a speedy trial and the ideal of discovering the truth.
Philosophical legal analysis 'kiwadoi kinkou'.
当事者主義の観点からすれば、控訴審における裁判所の釈明権の行使は、より抑制的であるべきとの見解が有力である。
From the perspective of the adversarial system, the view that the court's exercise of the right to clarify in the appellate trial should be more restrained is influential.
Advanced legal concepts 'toujishashugi' and 'shakumeiken'.
控訴理由としての「判決に影響を及ぼすことが明らかな法令の違反」の解釈を巡り、激しい法廷論争が展開された。
A fierce courtroom debate unfolded over the interpretation of 'a violation of laws and regulations that clearly affects the judgment' as a reason for appeal.
Quoting specific legal statutes.
不利益変更禁止の原則により、被告人のみが控訴した事件において、原判決より重い刑を言い渡すことは許されない。
Due to the principle of prohibition of disadvantageous alteration, in a case where only the defendant appealed, it is not permitted to hand down a heavier sentence than the original judgment.
Explaining a specific legal principle 'furieki henkou kinshi no gensoku'.
控訴審判決書の理由中の判断には既判力は生じないが、事実上の拘束力を持つことは否めない。
Although res judicata does not arise in the judgments within the reasons of an appellate court's written verdict, it cannot be denied that it has a de facto binding force.
Highly technical procedural law 'kihanryoku' and 'kousokuryoku'.
附帯控訴の制度は、被控訴人に対して、控訴期間経過後であっても自己に有利な判決の変更を求める機会を保障するものである。
The system of incidental appeal guarantees the appellee the opportunity to seek a modification of the judgment in their favor, even after the appeal period has elapsed.
Explaining complex procedural mechanisms 'futai kouso'.
Synonyms
Antonyms
Common Collocations
Common Phrases
Often Confused With
Idioms & Expressions
Easily Confused
Sentence Patterns
How to Use It
Implies a formal, structured legal process, not just a general complaint.
Extremely formal. Reserved for legal and journalistic contexts.
- Confusing 控訴 (first appeal) with 上告 (final appeal).
- Using 控訴 to mean 'attractive' (e.g., The idea appeals to me).
- Pronouncing it with a short 'o' (koso) instead of a long 'o' (kōso).
- Using incorrect verbs like 控訴を作る (to make an appeal).
- Using the wrong particle, such as 判決に控訴する instead of 判決に対して控訴する.
Tips
Learn in Pairs
Always learn 控訴 (kouso) alongside 上告 (joukoku). Knowing that kouso is step 1 and joukoku is step 2 will prevent the most common mistake learners make. Think of them as a sequence rather than isolated words. This mental map is crucial for reading news.
Master the Particles
Remember the phrase 判決に対して控訴する (hanketsu ni taishite kouso suru). The particle に対して (ni taishite) means 'against'. You appeal against a judgment. Do not use 'ni' alone, as it sounds less professional.
Watch the News
The best way to practice hearing this word is watching Japanese evening news. Listen closely when they report on court cases. You will hear phrases like 'sokujitsu kouso' (appealed same day) very frequently. It trains your ear to the formal register.
Elongate the Vowel
Pay strict attention to the long vowel in 'kōso'. If you say 'koso', native speakers might be confused. Practice saying it slowly: koo-so. Proper vowel length is a hallmark of advanced Japanese pronunciation.
Recognize the Kanji
The kanji 控 (kou) means to hold back, and 訴 (so) means to sue. Recognizing these kanji will help you understand other legal words. For example, 訴 is also in 訴訟 (soshou - lawsuit) and 起訴 (kiso - indictment).
Strictly Legal
Never use 控訴 to mean 'attractive' or 'pleading'. It is 100% a legal term. If you want to say a design appeals to you, use the English loanword アピール (apiiru) or 魅力的 (miryokuteki).
Learn the Verbs
Don't just say 控訴をする (kouso o suru). Learn the professional verbs: 申し立てる (moushitateru - to file), 棄却する (kikyaku suru - to dismiss), 取り下げる (torisageru - to withdraw). This elevates your Japanese significantly.
Understand the Weight
In Japan, appealing is a long, expensive, and stressful process. When someone files a 控訴, it is a major life event. Understanding this cultural weight helps you grasp the tone of news articles discussing appeals.
Use Formal Style
When writing about a 控訴, use the formal だ/である (da/dearu) style if it's an essay, or です/ます (desu/masu) if it's a polite email. Avoid casual endings like だよね (dayone) or じゃん (jan) as they clash with the formal vocabulary.
JLPT N1/N2 Prep
控訴 is a high-frequency word on advanced Japanese exams like the JLPT N1 and N2, especially in the reading comprehension section. Expect to see it in articles discussing social issues or legal reforms. Memorize its exact meaning.
Memorize It
Mnemonic
Imagine you are in a COURT (kou) and you SO (so) want to appeal the decision.
Word Origin
Sino-Japanese (Kango)
Cultural Context
Prolonged legal battles via appeals can drain a person's finances and social standing in Japan.
Legal dramas often dramatize the 'kouso' process, making it seem faster than the years it usually takes in reality.
Practice in Real Life
Real-World Contexts
Conversation Starters
"昨日のニュース見た？あの事件、控訴するらしいね。"
"日本の裁判制度で、控訴ってどれくらい時間がかかるか知ってる？"
"もし自分が不当な判決を受けたら、絶対に控訴する？"
"控訴審で判決が覆る確率ってすごく低いらしいよ。"
"ドラマみたいに控訴で大逆転って、現実にあるのかな？"
Journal Prompts
Write a summary of a recent news story involving an appeal (控訴).
Explain the difference between 控訴 and 上告 in your own words.
Imagine you are a lawyer. Write a short statement explaining why you are filing a 控訴 for your client.
Discuss the pros and cons of the three-tiered judicial system (三審制).
Write about a famous legal case in your country and translate the concept of 'appeal' into the Japanese context of 控訴.
Frequently Asked Questions
10 questionsNo, you cannot. 控訴 is strictly a legal term used for appealing a court's judgment. For appealing to a boss, you should use words like 直訴 (jikiso - direct appeal) or simply 相談する (soudan suru - to consult) or 異議を唱える (igi o tonaeru - to object). Using 控訴 in an office setting sounds very strange. It implies you are taking your boss to a High Court.
控訴 is the first appeal, made from a lower court (like a District Court) to a High Court. 上告 is the second and final appeal, made from a High Court to the Supreme Court. You must do a 控訴 before you can do a 上告. They are distinct steps in the Japanese three-tiered judicial system.
In Japan, the deadline to file a 控訴 is generally very strict. For both civil and criminal cases, it is typically 14 days from the day after the judgment is handed down. If you miss this deadline, the judgment becomes final (確定, kakutei), and you lose the right to appeal. This period is called the 控訴期間 (kouso kikan).
Primarily, 控訴 is a noun. However, it is a 'suru-verb' (verbal noun). This means you can add する (suru) to the end of it to make it a verb: 控訴する (to appeal). In formal writing, you will often see it used as a noun with other verbs, such as 控訴を申し立てる (to file an appeal).
Usually, no. The Japanese appellate system is primarily an ex-post review (事後審). This means the High Court reviews the records and evidence from the first trial to see if the lower court made a mistake in fact-finding or applying the law. While new evidence can sometimes be introduced, it is not a completely fresh start from zero.
If the High Court decides that the appeal has no merit and the lower court's decision was correct, they will dismiss the appeal. The legal term for this is 控訴棄却 (kouso kikyaku). After a dismissal, the appellant has the option to file a final appeal (上告) to the Supreme Court, provided they have constitutional or serious legal grounds.
Yes. Unlike in some countries (like the US) where double jeopardy prevents the prosecution from appealing a not-guilty verdict, the Japanese system allows the prosecution to file a 控訴 if they believe the sentence was too light or if there was an error in a not-guilty verdict. This is a significant feature of Japanese criminal procedure.
It means 'to withdraw an appeal'. Sometimes, after filing a 控訴, a party might reach an out-of-court settlement, run out of funds, or realize they cannot win. In such cases, they can formally withdraw their appeal. Once withdrawn, the original judgment becomes final.
It is pronounced 'kōso'. The first 'o' sound is elongated. It is important not to pronounce it with a short 'o' (koso), as that sounds like the emphatic particle 'koso' in Japanese. Think of it as rhyming with 'course-oh'.
Because it is a strict legal term, it does not appear in traditional poetic idioms or proverbs. However, it is part of many fixed legal phrases (collocations) that function like idioms in the legal world, such as 控訴審に持ち込む (to bring the fight to the appellate court) or 控訴を断念する (to give up on appealing).
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Summary
控訴 (kouso) is strictly the *first* appeal to a higher court in the Japanese legal system, distinct from the final appeal (joukoku), and is used formally with verbs like 申し立てる (moushitateru).
- First appeal to a High Court.
- Used when dissatisfied with a verdict.
- Strict deadlines apply (usually 14 days).
- Distinct from the final Supreme Court appeal.
Learn in Pairs
Always learn 控訴 (kouso) alongside 上告 (joukoku). Knowing that kouso is step 1 and joukoku is step 2 will prevent the most common mistake learners make. Think of them as a sequence rather than isolated words. This mental map is crucial for reading news.
Master the Particles
Remember the phrase 判決に対して控訴する (hanketsu ni taishite kouso suru). The particle に対して (ni taishite) means 'against'. You appeal against a judgment. Do not use 'ni' alone, as it sounds less professional.
Watch the News
The best way to practice hearing this word is watching Japanese evening news. Listen closely when they report on court cases. You will hear phrases like 'sokujitsu kouso' (appealed same day) very frequently. It trains your ear to the formal register.
Elongate the Vowel
Pay strict attention to the long vowel in 'kōso'. If you say 'koso', native speakers might be confused. Practice saying it slowly: koo-so. Proper vowel length is a hallmark of advanced Japanese pronunciation.
Example
控訴裁判所です。
Related Content
More Law words
告訴
A1A formal criminal complaint or legal accusation filed by a victim to the police or a prosecutor. It specifically refers to the victim's request for the offender to be punished under criminal law.
協定
A1A formal agreement or arrangement reached between two or more parties, often regarding mutual cooperation or rules. It is typically used in legal, political, or business contexts to establish standards or protocols.
恩赦
A1A formal act by a government or head of state to pardon people convicted of political or criminal offenses. It results in the reduction of sentences or the restoration of legal rights, usually granted during significant national events.
上訴
A1A legal term referring to the act of appealing a lower court's decision to a higher court to seek a reversal or modification. It is a general term that encompasses different types of appeals within the judicial system, such as kouso and joukoku.
可決
A1The official approval of a proposal, bill, or motion by a voting body or committee. It indicates that a formal decision has been made to accept and pass a specific suggestion after a deliberation process.
逮捕
A1The legal act of taking someone into custody by the police or authorities due to a suspected crime. It specifically refers to the restriction of physical freedom under law rather than just physical catching.
放火
A1The act of intentionally setting fire to a building, property, or forest. In Japanese society and law, it is regarded as a very serious criminal offense.
暴行
A1Bōkō refers to the act of using physical force or violence against a person. It is often used in legal contexts to describe assault or physical battery, implying a direct and harmful physical encounter.
保釈
A1Bail; the temporary release of an accused person awaiting trial, usually on the condition that a sum of money is paid to the court as a guarantee of their appearance. It specifically refers to the legal process of being freed from detention before a final judgment is made.
背任
A1A legal and business term referring to the act of a person in a position of trust acting against their duties to benefit themselves or a third party. This breach of trust results in financial or reputational damage to the employer or principal.
