Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 802"
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description: "Art. 2. Persons subject to this chapter"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "47"
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chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
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section: "802"
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citation: "10 U.S.C. § 802"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 802 - Art. 2. Persons subject to this chapter
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## Text
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(a) The following persons are subject to this chapter:
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(1) Members of a regular component of the armed forces, and members of the Space Force on active duty under section 20105 of this title, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.
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(2) Cadets, aviation cadets, and midshipmen.
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(3) (A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—
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(i) members of a reserve component or the Space Force; and
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(ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.
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(B) The periods referred to in subparagraph (A) are the following:
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(i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations.
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(ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations.
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(iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.
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(4) Retired members of a regular component of the armed forces who are entitled to pay.
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(5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.
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(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.
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(7) Persons in custody of the armed forces serving a sentence imposed by a court-martial.
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(8) Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.
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(9) Prisoners of war in custody of the armed forces.
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(10) In time of declared war or a contingency operation, persons serving with or accompanying an armed force in the field.
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(11) Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
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(12) Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for the use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
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(13) Individuals belonging to one of the eight categories enumerated in Article 4 of the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316), who violate the law of war.
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(14) Retired members of the Space Force who qualified for a regular retirement under section 20601 or 20603 of this title and are receiving retired pay.
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(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection (a) and a change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.
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(c) Notwithstanding any other provision of law, a person serving with an armed force who—
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(1) submitted voluntarily to military authority;
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(2) met the mental competency and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submission to military authority;
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(3) received military pay or allowances; and
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(4) performed military duties;
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is subject to this chapter until such person’s active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned.
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(d) (1) A member of a reserve component or the Space Force who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntarily for the purpose of—
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(A) a preliminary hearing under section 832 of this title (article 32);
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(B) trial by court-martial; or
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(C) nonjudicial punishment under section 815 of this title (article 15).
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(2) A member of a reserve component or the Space Force may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was—
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(A) on active duty; or
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(B) on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.
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(3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President.
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(4) A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of the armed forces or the Space Force.
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(5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not—
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(A) be sentenced to confinement; or
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(B) be required to serve a punishment consisting of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1)).
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(e) The provisions of this section are subject to section 876b(d)(2) of this title (article 76b(d)(2)).
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(Aug. 10, 1956, ch. 1041, 70A Stat. 37; Pub. L. 86–70, § 6(b), June 25, 1959, 73 Stat. 142; Pub. L. 86–624, § 4(b), July 12, 1960, 74 Stat. 411; Pub. L. 87–651, title I, § 104, Sept. 7, 1962, 76 Stat. 508; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–107, title VIII, § 801(a), Nov. 9, 1979, 93 Stat. 810; Pub. L. 96–513, title V, § 511(24), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 98–209, § 13(a), Dec. 6, 1983, 97 Stat. 1408; Pub. L. 99–661, div. A, title VIII, § 804(a), Nov. 14, 1986, 100 Stat. 3906; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104–106, div. A, title XI, § 1133(b), Feb. 10, 1996, 110 Stat. 466; Pub. L. 109–364, div. A, title V, § 552, Oct. 17, 2006, 120 Stat. 2217; Pub. L. 109–366, § 4(a)(1), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 111–84, div. A, title XVIII, § 1803(a)(1), Oct. 28, 2009, 123 Stat. 2612; Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(A), Dec. 26, 2013, 127 Stat. 957; Pub. L. 114–328, div. E, title LI, § 5102, Dec. 23, 2016, 130 Stat. 2894; Pub. L. 118–31, div. A, title XVII, § 1722(f)(1), Dec. 22, 2023, 137 Stat. 671; Pub. L. 118–159, div. A, title V, § 561, Dec. 23, 2024, 138 Stat. 1903.)
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## Notes
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Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 80250:552.May 5, 1950, ch. 169, § 1 (Art. 2), 64 Stat. 109. In clause (1), the words “Members of” are substituted for the words “All persons belonging to”. The words “all” and “the same” are omitted as surplusage. The word “when” is inserted after the word “dates”. In clauses (1) and (8), the words “of the United States” are omitted as surplusage. In clause (3), the words “Members of a reserve component” are substituted for the words “Reserve personnel”. The word “orders” in the last clause is omitted as surplusage. In clause (4), the word “receive” is omitted as surplusage. In clauses (4) and (5), the word “members” is substituted for the word “personnel”. In clause (8), the word “members” is substituted for the word “personnel”. In clauses (11) and (12), the word “outside” is substituted for the word “without” wherever it occurs. The words “the continental limits of” are omitted, since section 101(1) of this title defines the United States to include the States and the District of Columbia. The words “the provision of”, “all”, and “territories” are omitted as surplusage. In clause (12), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.
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1962 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 802(11), (12)50:552(11) and (12).Aug. 1, 1956, ch. 852, § 23, 70 Stat. 911. The Act of August 1, 1956, was enacted during the pendency of the codification bill.
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Editorial Notes
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Codification Another section 1722(f) of Pub. L. 118–31 amended section 973 of this title.
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Amendments2024—Subsec. (a)(14). Pub. L. 118–159 inserted “20601 or” before “20603”. 2023—Subsec. (a)(1). Pub. L. 118–31, § 1722(f)(1)(A)(i), inserted “and members of the Space Force on active duty under section 20105 of this title,” after “regular component of the armed forces,”. Subsec. (a)(3)(A)(i). Pub. L. 118–31, § 1722(f)(1)(A)(ii), inserted “or the Space Force” after “reserve component”. Subsec. (a)(5). Pub. L. 118–31, § 1722(f)(1)(A)(iii), inserted “, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay,” after “a reserve component”. Subsec. (a)(14). Pub. L. 118–31, § 1722(f)(1)(A)(iv), added par. (14). Subsec. (d)(1). Pub. L. 118–31, § 1722(f)(1)(B)(i), inserted “or the Space Force” after “reserve component” in introductory provisions. Subsec. (d)(2). Pub. L. 118–31, § 1722(f)(1)(B)(ii), inserted “or the Space Force” after “a reserve component” in introductory provisions. Subsec. (d)(4). Pub. L. 118–31, § 1722(f)(1)(B)(iii), inserted “or the Space Force” after “in a regular component of the armed forces”. 2016—Subsec. (a)(3). Pub. L. 114–328 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.” 2013—Subsec. (d)(1)(A). Pub. L. 113–66 substituted “a preliminary hearing under section 832” for “investigation under section 832”. 2009—Subsec. (a)(13). Pub. L. 111–84 amended par. (13) generally. Prior to amendment, par. (13) read as follows: “Lawful enemy combatants (as that term is defined in section 948a(2) of this title) who violate the law of war.” 2006—Subsec. (a)(10). Pub. L. 109–364 substituted “declared war or a contingency operation” for “war”. Subsec. (a)(13). Pub. L. 109–366 added par. (13). 1996—Subsec. (e). Pub. L. 104–106 added subsec. (e). 1988—Subsec. (a)(11), (12). Pub. L. 100–456 struck out “the Canal Zone,” before “the Commonwealth”. 1986—Subsec. (a)(3). Pub. L. 99–661, § 804(a)(1), substituted “on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service” for “they are on inactive duty training authorized by written orders which are voluntarily accepted by them and which specify that they are subject to this chapter”. Subsec. (d). Pub. L. 99–661, § 804(a)(2), added subsec. (d). 1983—Subsec. (a)(11), (12). Pub. L. 98–209, § 13(a)(1), substituted “outside the Canal Zone” for “outside the following: the Canal Zone” and inserted “the Commonwealth of” before “Puerto Rico”. Subsec. (b). Pub. L. 98–209, § 13(a)(2), struck out “of this section” after “subsection (a)”. 1980—Subsec. (a)(8). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”. 1979—Pub. L. 96–107 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1966—Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in cl. (8). 1962—Pub. L. 87–651 inserted “Guam,” after “Puerto Rico,” in cls. (11) and (12). 1960—Pub. L. 86–624 struck out “the main group of the Hawaiian Islands,” before “Puerto Rico” in cls. (11) and (12). 1959—Pub. L. 86–70 struck out “that part of Alaska east of longitude 172 degrees west,” before “the Canal Zone” in cls. (11) and (12).
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Statutory Notes and Related Subsidiaries
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Change of Name The Secretary of Health, Education, and Welfare was redesignated the Secretary of Health and Human Services by section 3508(b) of Title 20, Education.
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Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
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Effective Date of 2013 AmendmentPub. L. 113–66, div. A, title XVII, § 1702(d)(1), Dec. 26, 2013, 127 Stat. 958, as amended by Pub. L. 113–291, div. A, title V, § 531(g)(1), Dec. 19, 2014, 128 Stat. 3365, provided that: “The amendments made by subsections (a) and (c)(3) [amending this section and sections 832, 834, 838, 847, and 948b of this title] shall take effect on the later of December 26, 2014, or the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 [Dec. 19, 2014] and shall apply with respect to preliminary hearings conducted on or after that effective date.” [Pub. L. 113–291, div. A, title V, § 531(g)(1), Dec. 19, 2014, 128 Stat. 3365, provided that the amendment by section 531(g)(1) to section 1702(d)(1) of Pub. L. 113–66, set out above, is effective as of Dec. 26, 2013, and as if included in section 1702(d)(1) of Pub. L. 113–66, as enacted.]
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Effective Date of 1986 AmendmentPub. L. 99–661, div. A, title VIII, § 804(e), Nov. 14, 1986, 100 Stat. 3908, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 803 of this title] shall apply only to an offense committed on or after the effective date of this title [see section 808 of Pub. L. 99–661, set out below].” Pub. L. 99–661, div. A, title VIII, § 808, Nov. 14, 1986, 100 Stat. 3909, provided that: “Except as provided in sections 802(b), 805(c), and 807(b) [set out as notes under sections 850a, 843, and 806, respectively, of this title], this title and the amendments made by this title [enacting section 850a of this title, amending this section and sections 803, 806, 825, 843, 860, 936, and 937 of this title, and enacting provisions set out as notes under this section and sections 801, 806, 825, 843, 850a, and 860 of this title] shall take effect on the earlier of— “(1) the last day of the 120-day period beginning on the date of the enactment of this Act [Nov. 14, 1986]; or “(2) the date specified in an Executive order for such amendments to take effect.”
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Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
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Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
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RepealsThe directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.
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Applicability of Uniform Code of Military Justice to Members of the Armed Forces Ordered to Duty Overseas in Inactive Duty for Training StatusPub. L. 109–364, div. A, title V, § 551, Oct. 17, 2006, 120 Stat. 2217, provided that: “Not later than March 1, 2007, the Secretaries of the military departments shall prescribe regulations, or amend current regulations, in order to provide that members of the Armed Forces who are ordered to duty at locations overseas in an inactive duty for training status are subject to the jurisdiction of the Uniform Code of Military Justice, pursuant to the provisions of section 802(a)(3) of title 10, United States Code (article 2(a)(3) of the Uniform Code of Military Justice), continuously from the commencement of execution of such orders to the conclusion of such orders.”
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Advisory Committee on Criminal Law Jurisdiction Over Civilians Accompanying Armed Forces in Time of Armed ConflictPub. L. 104–106, div. A, title XI, § 1151, Feb. 10, 1996, 110 Stat. 467, directed the Secretary of Defense and the Attorney General, not later than 45 days after Feb. 10, 1996, to jointly appoint an advisory committee to review and make recommendations concerning the appropriate forum for criminal jurisdiction over civilians accompanying the Armed Forces outside the United States in time of armed conflict, directed the committee to transmit to the Secretary of Defense and the Attorney General a report setting forth its findings and recommendations not later than Dec. 15, 1996, directed the Secretary of Defense and the Attorney General to jointly transmit the report of the committee to Congress not later than Jan. 15, 1997, and provided that the committee would terminate 30 days after the date on which the report had been submitted to Congress.
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Executive Documents
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Transfer of Functions All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees.
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Ex. Ord. No. 10631. Code of Conduct for Members of the Armed Forces Ex. Ord. No. 10631, Aug. 17, 1955, 20 F.R. 6057, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12017, Nov. 3, 1977, 42 F.R. 57941; Ex. Ord. No. 12633, Mar. 28, 1988, 53 F.R. 10355; Ex. Ord. No. 13286, § 76, Feb. 28, 2003, 68 F.R. 106231, provided: By virtue of the authority vested in me as President of the United States, and as Commander in Chief of the armed forces of the United States, I hereby prescribe the Code of Conduct for Members of the Armed Forces of the United States which is attached to this order and hereby made a part thereof. All members of the Armed Forces of the United States are expected to measure up to the standards embodied in this Code of Conduct while in combat or in captivity. To ensure achievement of these standards, members of the armed forces liable to capture shall be provided with specific training and instruction designed to better equip them to counter and withstand all enemy efforts against them, and shall be fully instructed as to the behavior and obligations expected of them during combat or captivity. The Secretary of Defense (and the Secretary of Homeland Security with respect to the Coast Guard except when it is serving as part of the Navy) shall take such action as is deemed necessary to implement this order and to disseminate and make the said Code known to all members of the armed forces of the United States.
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Code of Conduct for Members of the United States Armed Forces
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II am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.
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III will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.
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IIIIf I am captured I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.
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IVIf I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.
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VWhen questioned, should I become a prisoner of war, I am required to give name, rank, service number and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.
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VII will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.
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---
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type: "LegalText"
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title: "10 U.S.C. § 803"
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description: "Art. 3. Jurisdiction to try certain personnel"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "47"
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chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
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section: "803"
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citation: "10 U.S.C. § 803"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
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source_identifier: "/us/usc/t10/s803"
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source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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text_hash: "37c767266e161d8f5d573326ee2f454d984dd41996a03a85a876e2be61cd273a"
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retrieved_at: "2026-07-04"
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||||
confidence: "official"
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||||
tags: ["legal", "us-code"]
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||||
---
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# 10 U.S.C. § 803 - Art. 3. Jurisdiction to try certain personnel
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## Text
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(a) Subject to section 843 of this title (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person’s former status.
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(b) Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to this chapter while in the custody of the armed forces for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.
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|
||||
(c) No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.
|
||||
|
||||
(d) A member of a reserve component or the Space Force who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99–661, div. A, title VIII, § 804(b), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 102–484, div. A, title X, § 1063, Oct. 23, 1992, 106 Stat. 2505; Pub. L. 118–31, div. A, title XVII, § 1722(f)(2), Dec. 22, 2023, 137 Stat. 671.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 803(a)803(b)803(c)50:553(a).50:553(b).50:553(c).May 5, 1950, ch. 169, § 1 (Art. 3), 64 Stat. 109. In subsection (a), the words “the provisions of” are omitted as surplusage. The words “no * * * may” are substituted for the words “any * * * shall not”. The word “for” is substituted for the word “of” before the words “five years”. The words “of a State, a Territory, or” are substituted for the words “any State or Territory thereof or of”. The word “court-martial” is substituted for the word “courts-martial”. In subsection (b), the words “Each person” are substituted for the words “All persons”. The words “who is later” are substituted for the word “subsequently”. The words “his discharge is” are substituted for the words “said discharge shall * * * be”. The words “the provisions of” are omitted as surplusage. The word “is” is substituted for the words “shall * * * be”. The words “he is” are substituted for the words “they shall be”. The word “before” is substituted for the words “prior to”. In subsection (c), the words “No * * * may” are substituted for the words “Any * * * shall not”. The word “later” is substituted for the word “subsequent”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Another section 1722(f) of Pub. L. 118–31 amended section 973 of this title.
|
||||
|
||||
Amendments2023—Subsec. (d). Pub. L. 118–31 inserted “or the Space Force” after “reserve component”. 1992—Subsec. (a). Pub. L. 102–484 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or the District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that status.” 1986—Subsec. (d). Pub. L. 99–661 added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1992 AmendmentPub. L. 102–484, div. A, title X, § 1067, Oct. 23, 1992, 106 Stat. 2506, provided that: “The amendments made by sections 1063, 1064, 1065, and 1066 [amending this section and sections 857, 863, 911, 918, and 920 of this title] shall take effect on the date of the enactment of this Act [Oct. 23, 1992] and shall apply with respect to offenses committed on or after that date.”
|
||||
|
||||
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–661 applicable to offenses committed on or after the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order, see sections 804(e) and 808 of Pub. L. 99–661, set out as notes under section 802 of this title.
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 804 - Art. 4. Dismissed officer’s right to trial by court-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) If any commissioned officer, dismissed by order of the President, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the President, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal or death, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue.
|
||||
|
||||
(b) If the President fails to convene a general court-martial within six months from the presentation of an application for trial under this article, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue.
|
||||
|
||||
(c) If a discharge is substituted for a dismissal under this article, the President alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the President, that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
|
||||
|
||||
(d) If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the President, he has no right to trial under this article.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 38.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 804(a)804(b)50:554(a).50:554(b).May 5, 1950, ch. 169, § 1 (Art. 4), 64 Stat. 110. 804(c)50:554(c). 804(d)50:554(d). In subsection (a), the word “If” is substituted for the word “When”. The word “commissioned” is inserted before the word “officer”. The word “considered” is substituted for the word “held”. In subsections (a) and (b), the words “Secretary concerned” are substituted for the words “Secretary of the Department”. In subsection (c), the word “If” is substituted for the word “Where”. The words “the authority of” are omitted as surplusage. The words “grade and with such rank” are substituted for the words “rank and precedence”, since a person is appointed to a grade, not to a position of precedence, and the word “rank” is the accepted military word denoting the general idea of precedence. The words “the existence of a” are substituted for the word “position” for clarity. The word “receive” is omitted as surplusage. In subsection (d), the word “If” is substituted for the word “When”. The words “he has no” are substituted for the words “there shall not be a”.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Delegation of Functions For delegation to Secretary of Homeland Security of certain authority vested in President by this section, see section 2 of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.
|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 805 - Art. 5. Territorial applicability of this chapter
|
||||
|
||||
## Text
|
||||
|
||||
This chapter applies in all places.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 39.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 80550:555.May 5, 1950, ch. 169, § 1 (Art. 5), 64 Stat. 110. The word “applies” is substituted for the words “shall be applicable”.
|
||||
@@ -0,0 +1,87 @@
|
||||
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 806 - Art. 6. Judge advocates and legal officers
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) A member of the armed forces may only serve as a judge advocate if such member—
|
||||
|
||||
(A) is admitted to the practice of law before the highest court of a State, territory, commonwealth, or the District of Columbia;
|
||||
|
||||
(B) maintains a license status that provides current eligibility to actively practice law before such court;
|
||||
|
||||
(C) is subject to the disciplinary review process of the jurisdiction in which such member maintains such a license status; and
|
||||
|
||||
(D) is in compliance with any other requirements of such jurisdiction to remain eligible to practice law in such jurisdiction.
|
||||
|
||||
(2) The Judge Advocates General of the Army, Navy, Air Force, and Coast Guard and the Staff Judge Advocate to the Commandant of the Marine Corps may suspend the authority of a judge advocate of the Army, Navy, Air Force, Coast Guard, or Marine Corps, respectively, to perform legal duties if such judge advocate becomes noncompliant with the requirements of paragraph (1). A member of the armed forces who is suspended or disbarred from the practice of law within a jurisdiction may not perform legal duties.
|
||||
|
||||
(b) (1) The assignment for duty of judge advocates of the Army, Navy, Air Force, and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The assignment for duty of judge advocates of the Marine Corps shall be made by direction of the Commandant of the Marine Corps. The Judge Advocates General, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, or senior members of their staffs, shall make frequent inspections in the field in supervision of the administration of military justice.
|
||||
|
||||
(2) The assignment for duty of judge advocates pursuant to this subsection shall include qualified judge advocates in numbers sufficient to provide legal advice to all commanders responsible for planning and organizing military operations (including commanders of and within commands assigned to a combatant command or the United States element of the North American Aerospace Defense Command as established pursuant to sections 161 and 162 of this title) and all commanders authorized to convene courts-martial under sections 822 through 824 of this title (articles 22 through 24). The qualifications of judge advocates assigned to provide legal advice to commanders under this paragraph shall include—
|
||||
|
||||
(A) the qualifications set forth in subsection (a)(1); and
|
||||
|
||||
(B) any additional education, expertise, or experience determined to be necessary to fulfill the requirements of this paragraph by the Judge Advocate General of the armed force concerned, or in the case of the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps.
|
||||
|
||||
(c) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General.
|
||||
|
||||
(d) (1) No person who, with respect to a case, serves in a capacity specified in paragraph (2) may later serve as a staff judge advocate or legal officer to any reviewing or convening authority upon the same case.
|
||||
|
||||
(2) The capacities referred to in paragraph (1) are, with respect to the case involved, any of the following:
|
||||
|
||||
(A) Preliminary hearing officer, court member, military judge, military magistrate, or appellate judge.
|
||||
|
||||
(B) Counsel who have acted in the same case or appeared in any proceeding before a military judge, military magistrate, preliminary hearing officer, or appellate court.
|
||||
|
||||
(e) (1) A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the United States under section 973(b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United States in civil and criminal cases.
|
||||
|
||||
(2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations providing that reimbursement may be a condition of assistance by judge advocates assigned or detailed under section 973(b)(2)(B) of this title.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 39; Pub. L. 90–179, § 1(3), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90–632, § 2(2), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98–209, § 2(b), Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99–661, div. A, title VIII, § 807(a), Nov. 14, 1986, 100 Stat. 3909; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title V, § 531(d)(1), Jan. 2, 2013, 126 Stat. 1726; Pub. L. 114–328, div. E, title LI, § 5103, Dec. 23, 2016, 130 Stat. 2895; Pub. L. 119–60, div. A, title V, §§ 561(a), 562, Dec. 18, 2025, 139 Stat. 881, 882.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 806(a)806(b)50:556(a).50:556(b).May 5, 1950, ch. 169, § 1 (Art. 6), 64 Stat. 110. 806(c)50:556(c). In subsection (b), the word “entitled” is substituted for the word “authorized”. In subsection (c), the words “may later” are substituted for the words “shall subsequently”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a). Pub. L. 119–60, § 561(a), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 119–60, § 562, designated existing provisions as par. (1) and added par. (2). Pub. L. 119–60, § 561(a), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c). Subsecs. (c) to (e). Pub. L. 119–60, § 561(a), redesignated subsecs. (b) to (d) as (c) to (e), respectively. 2016—Subsec. (c). Pub. L. 114–328 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as a staff judge advocate or legal officer to any reviewing authority upon the same case.” 2013—Subsec. (a). Pub. L. 112–239 substituted “The Judge Advocates General, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, or senior members of their staffs, shall” for “The Judge Advocate General or senior members of his staff shall”. 2002—Subsec. (d)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1986—Subsec. (d). Pub. L. 99–661 added subsec. (d). 1983—Subsec. (a). Pub. L. 98–209 substituted “Air Force, and” for “and Air Force and law specialists of the”. 1968—Subsec. (c). Pub. L. 90–632 substituted “military judge” for “law officer”. 1967—Subsec. (a). Pub. L. 90–179 substituted reference to judge advocates of the Navy for reference to law specialists of the Navy and provided for the assignment of judge advocates of the Marine Corps.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentPub. L. 99–661, div. A, title VIII, § 807(b), Nov. 14, 1986, 100 Stat. 3909, provided that: “The amendment made by subsection (a) [amending this section]— “(1) shall take effect on the date of the enactment of this Act [Nov. 14, 1986]; and “(2) may not be construed to invalidate an action taken by a judge advocate, pursuant to an assignment or detail under section 973(b)(2)(B) of title 10, United States Code, before the date of the enactment of this Act.”
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
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|
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||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 806a - Art. 6a. Investigation and disposition of matters pertaining to the fitness of military judges
|
||||
|
||||
## Text
|
||||
|
||||
(a) The President shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military appellate judge, military judge, or military magistrate to perform the duties of the position involved. To the extent practicable, the procedures shall be uniform for all armed forces.
|
||||
|
||||
(b) The President shall transmit a copy of the procedures prescribed pursuant to this section to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
|
||||
|
||||
(Added Pub. L. 101–189, div. A, title XIII, § 1303, Nov. 29, 1989, 103 Stat. 1576; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 114–328, div. E, title LI, § 5104, Dec. 23, 2016, 130 Stat. 2895.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (a). Pub. L. 114–328 substituted “military appellate judge, military judge, or military magistrate to perform the duties of the position involved.” for “military judge or military appellate judge to perform the duties of the judge’s position.” 1999—Subsec. (b). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (b). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,127 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 806b"
|
||||
description: "Art. 6b. Rights of the victim of an offense under this chapter"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "806b"
|
||||
citation: "10 U.S.C. § 806b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
text_hash: "ab377c4e3128b05c6f6494401fb872a110038ab64f3d3e6abcca695de8e214b1"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 806b - Art. 6b. Rights of the victim of an offense under this chapter
|
||||
|
||||
## Text
|
||||
|
||||
(a) Rights of a Victim of an Offense Under This Chapter.— A victim of an offense under this chapter has the following rights:
|
||||
|
||||
(1) The right to be reasonably protected from the accused.
|
||||
|
||||
(2) The right to reasonable, accurate, and timely notice of any of the following:
|
||||
|
||||
(A) A public hearing concerning the continuation of confinement prior to trial of the accused.
|
||||
|
||||
(B) A preliminary hearing under section 832 of this title (article 32) relating to the offense.
|
||||
|
||||
(C) A court-martial relating to the offense.
|
||||
|
||||
(D) A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused.
|
||||
|
||||
(E) A public proceeding of the service clemency and parole board relating to the offense.
|
||||
|
||||
(F) The release or escape of the accused, unless such notice may endanger the safety of any person.
|
||||
|
||||
(3) The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding.
|
||||
|
||||
(4) The right to be reasonably heard at any of the following:
|
||||
|
||||
(A) A public hearing concerning the continuation of confinement prior to trial of the accused.
|
||||
|
||||
(B) A sentencing hearing relating to the offense.
|
||||
|
||||
(C) A public proceeding of the service clemency and parole board relating to the offense.
|
||||
|
||||
(5) The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2).
|
||||
|
||||
(6) The right to receive restitution as provided in law.
|
||||
|
||||
(7) The right to proceedings free from unreasonable delay.
|
||||
|
||||
(8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.
|
||||
|
||||
(9) The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this chapter.
|
||||
|
||||
(b) Victim of an Offense Under This Chapter Defined.— In this section, the term “victim of an offense under this chapter” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter.
|
||||
|
||||
(c) Appointment of Individuals to Assume Rights for Certain Victims.— In the case of a victim of an offense under this chapter who is under 18 years of age (but who is not a member of the armed forces), incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section. However, in no event may the individual so designated be the accused.
|
||||
|
||||
(d) Rule of Construction.— Nothing in this section (article) shall be construed—
|
||||
|
||||
(1) to authorize a cause of action for damages;
|
||||
|
||||
(2) to create, to enlarge, or to imply any duty or obligation to any victim of an offense under this chapter or other person for the breach of which the United States or any of its officers or employees could be held liable in damages; or
|
||||
|
||||
(3) to impair the exercise of discretion under sections 830 and 834 of this title (articles 30 and 34).
|
||||
|
||||
(e) Enforcement by Court of Criminal Appeals.— (1) If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32) or a court-martial ruling violates the rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule.
|
||||
|
||||
(2) If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order.
|
||||
|
||||
(3) (A) A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, subject to section 830a of this title (article 30a).
|
||||
|
||||
(B) To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals.
|
||||
|
||||
(C) Review of any decision of the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.
|
||||
|
||||
(4) Paragraph (1) applies with respect to the protections afforded by the following:
|
||||
|
||||
(A) This section (article).
|
||||
|
||||
(B) Section 832 (article 32) of this title.
|
||||
|
||||
(C) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background.
|
||||
|
||||
(D) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
|
||||
|
||||
(E) Military Rule of Evidence 514, relating to the victim advocate-victim privilege.
|
||||
|
||||
(F) Military Rule of Evidence 615, relating to the exclusion of witnesses.
|
||||
|
||||
(f) Counsel for Accused Interview of Victim of Alleged Offense.— (1) Upon notice by counsel for the Government to counsel for the accused of the name of an alleged victim of an offense under this chapter who counsel for the Government intends to call as a witness at a proceeding under this chapter, counsel for the accused shall make any request to interview the victim through the Special Victims’ Counsel or other counsel for the victim, if applicable.
|
||||
|
||||
(2) If requested by an alleged victim who is subject to a request for interview under paragraph (1), any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the Government, a counsel for the victim, or, if applicable, a victim advocate.
|
||||
|
||||
(Added Pub. L. 113–66, div. A, title XVII, § 1701(a)(1), Dec. 26, 2013, 127 Stat. 952; amended Pub. L. 113–291, div. A, title V, §§ 531(f), 535, Dec. 19, 2014, 128 Stat. 3364, 3368; Pub. L. 114–92, div. A, title V, § 531, Nov. 25, 2015, 129 Stat. 814; Pub. L. 114–328, div. E, title LI, § 5105, title LVI, § 5203(e)(1), Dec. 23, 2016, 130 Stat. 2895, 2906; Pub. L. 115–91, div. A, title V, § 531(a), title X, § 1081(a)(22), (c)(1)(B), Dec. 12, 2017, 131 Stat. 1384, 1595, 1597; Pub. L. 116–283, div. A, title V, § 541, Jan. 1, 2021, 134 Stat. 3611; Pub. L. 117–81, div. A, title V, § 541, Dec. 27, 2021, 135 Stat. 1708.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (a)(2)(D) to (F). Pub. L. 116–283 added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively. Subsec. (a)(8), (9). Pub. L. 117–81 added par. (8) and redesignated former par. (8) as (9). 2017—Subsec. (b). Pub. L. 115–91, § 1081(c)(1)(B), which directed striking out “(the Uniform Code of Military Justice)” after “this chapter”, was not executed in light of the prior amendment by section 1081(a)(22) of Pub. L. 115–91, to reflect the probable intent of Congress. See Amendment note below and Effective Date of 2017 Amendment note below. Pub. L. 115–91, § 1081(a)(22), struck out “(the Uniform Code of Military Justice)” after “this chapter”. Subsec. (e)(3). Pub. L. 115–91, § 531(a), designated existing provisions as subpar. (A), substituted “prescribed by the President, subject to section 830a of this title (article 30a)” for “prescribed by the President, and, to the extent practicable, shall have priority over all other proceedings before the court”, and added subpars. (B) and (C). 2016—Subsec. (a)(3). Pub. L. 114–328, § 5203(e)(1), substituted “preliminary hearing officer” for “investigating officer”. Subsec. (c). Pub. L. 114–328, § 5105(a), substituted “the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section.” for “the military judge shall designate a representative of the estate of the victim, a family member, or another suitable individual to assume the victim’s rights under this section.” Subsec. (d)(3). Pub. L. 114–328, § 5105(b), added par. (3). Subsec. (f). Pub. L. 114–328, § 5105(c), added subsec. (f). 2015—Subsec. (e). Pub. L. 114–92 amended subsec. (e) generally. Prior to amendment, text read as follows: “(1) If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence. “(2) Paragraph (1) applies with respect to the protections afforded by the following: “(A) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege. “(B) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background.” 2014—Subsec. (b). Pub. L. 113–291, § 531(f)(1), substituted “an individual” for “a person”. Subsec. (c). Pub. L. 113–291, § 531(f)(2), in heading, substituted “Appointment of Individuals to Assume Rights” for “Legal Guardian” and, in text, inserted “(but who is not a member of the armed forces)” after “under 18 years of age” and substituted “designate a representative” for “designate a legal guardian from among the representatives”, “another suitable individual” for “other suitable person”, and “the individual” for “the person”. Subsec. (e). Pub. L. 113–291, § 535, added subsec. (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Notice to Victims of Alleged Sex-Related and Domestic Violence-Related Offenses of Pendency of Further Administrative Action Following a Determination Not To Refer to Trial by Court-MartialPub. L. 116–92, div. A, title V, § 549, Dec. 20, 2019, 133 Stat. 1379, as amended by Pub. L. 117–81, div. A, title V, § 545, Dec. 27, 2021, 135 Stat. 1711; Pub. L. 118–159, div. A, title V, § 569C, Dec. 23, 2024, 138 Stat. 1907, provided that: “Notwithstanding section 552a of title 5, United States Code, and under regulations prescribed by the Secretary of Defense, upon a determination not to refer a case of an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code), or a case of an alleged domestic violence-related offense (as defined by the Secretary), for trial by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the commander making such determination shall ensure that the victim (or the victim’s legal counsel if so requested by the victim) is periodically notified of the status of a final determination on further action on such case, whether non-judicial punishment under section 815 of such title (article 15 of the Uniform Code of Military Justice), other administrative action, or no further action. Such notifications shall continue not less frequently than monthly until such final determination. Upon such final determination, the commander shall ensure that the victim (or the victim’s legal counsel if so requested by the victim) is notified of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant.”
|
||||
|
||||
ImplementationPub. L. 113–66, div. A, title XVII, § 1701(b), Dec. 26, 2013, 127 Stat. 953, provided that: “(1) Issuance.—Not later than one year after the date of the enactment of this Act [Dec. 26, 2013]—“(A) the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial to implement section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a); and “(B) the Secretary of Defense and Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall prescribe such regulations as each such Secretary considers appropriate to implement such section. “(2) Mechanisms for affording rights.—The recommendations and regulations required by paragraph (1) shall include the following:“(A) Mechanisms for ensuring that victims are notified of, and accorded, the rights specified in section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a). “(B) Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Department of Defense and the Coast Guard make their best efforts to ensure that victims are notified of, and accorded, the rights specified in such section. “(C) Mechanisms for the enforcement of such rights, including mechanisms for application for such rights and for consideration and disposition of applications for such rights. “(D) The designation of an authority within each Armed Force to receive and investigate complaints relating to the provision or violation of such rights. “(E) Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense and Coast Guard who willfully or wantonly fail to comply with requirements relating to such rights.”
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 807"
|
||||
description: "Art. 7. Apprehension"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "807"
|
||||
citation: "10 U.S.C. § 807"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s807"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "97dafbdbb7139b9cbfd77dfcaae87bf420a9dfc619d54ebd71cc3478803d3423"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "80e154c55cde94cfe462fc423e0a6720e27268433b7376a00bd7b910277b124f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 807 - Art. 7. Apprehension
|
||||
|
||||
## Text
|
||||
|
||||
(a) Apprehension is the taking of a person into custody.
|
||||
|
||||
(b) Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
|
||||
|
||||
(c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this chapter and to apprehend persons subject to this chapter who take part therein.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 39.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 807(a)807(b)50:561(a).50:561(b).May 5, 1950, ch. 169, § 1 (Art. 7), 64 Stat. 111. 807(c)50:561(c). In subsection (a), the words “into custody” and “of a person” are transposed. In subsection (c), the words “All” and “shall” are omitted as surplusage. The word “Commissioned” is inserted before the word “officers” for clarity. The word “therein” is substituted for the words “in the same”.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 808"
|
||||
description: "Art. 8. Apprehension of deserters"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "808"
|
||||
citation: "10 U.S.C. § 808"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s808"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "37f1663691ac0d294ee964928aca9331b4a3440a8f6fd14b66178ed00f31366f"
|
||||
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|
||||
text_hash: "c62e1e71982f2492b5c8a46c3e2c860bdb8bdcae409a60c8c3c23546b42d572c"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 808 - Art. 8. Apprehension of deserters
|
||||
|
||||
## Text
|
||||
|
||||
Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 109–163, div. A, title X, § 1057(a)(4), Jan. 6, 2006, 119 Stat. 3440.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 80850:562.May 5, 1950, ch. 169, § 1 (Art. 8), 64 Stat. 111. The word “may” is substituted for the words “It shall be lawful for * * * to”. The words “a State, Territory, Commonwealth, or possession, or the District of Columbia” are substituted for the words “any State, District, Territory, or possession of the United States”. The words “of the United States”, before the words “and deliver”, are omitted as surplusage. The words “those forces” are substituted for the words “the armed forces of the United States”, after the words “custody of”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Pub. L. 109–163 substituted “Commonwealth, possession,” for “Territory, Commonwealth, or possession,”.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 809"
|
||||
description: "Art. 9. Imposition of restraint"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "809"
|
||||
citation: "10 U.S.C. § 809"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s809"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "6a9466501ae2283ef7bc1c4480bdddab3c262625f9ad09d23cbc0cec7d2bf9a9"
|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 809 - Art. 9. Imposition of restraint
|
||||
|
||||
## Text
|
||||
|
||||
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
|
||||
|
||||
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
|
||||
|
||||
(c) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
|
||||
|
||||
(d) No person may be ordered into arrest or confinement except for probable cause.
|
||||
|
||||
(e) Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 809(a)809(b)50:563(a).50:563(b).May 5, 1950, ch. 169, § 1 (Art. 9), 64 Stat. 111. 809(c)50:563(c). 809(d)50:563(d). 809(e)50:563(e). In subsection (b), the word “commissioned” is inserted before the word “officer” for clarity. The words “member” and “members”, respectively, are substituted for the words “person” and “persons”. In subsection (c), the words “A commissioned” are substituted for the word “An” for clarity. The word “commissioned” is inserted after the word “another” for clarity. In subsection (d), the word “may” is substituted for the word “shall”. In subsection (e), the word “limits” is substituted for the words “shall be construed to limit”.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 810"
|
||||
description: "Art. 10. Restraint of persons charged"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "810"
|
||||
citation: "10 U.S.C. § 810"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s810"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 810 - Art. 10. Restraint of persons charged
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.
|
||||
|
||||
(2) When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.
|
||||
|
||||
(b) Notification to Accused and Related Procedures.— (1) When a person subject to this chapter is ordered into arrest or confinement before trial, immediate steps shall be taken—
|
||||
|
||||
(A) to inform the person of the specific offense of which the person is accused; and
|
||||
|
||||
(B) to try the person or to dismiss the charges and release the person.
|
||||
|
||||
(2) To facilitate compliance with paragraph (1), the President shall prescribe regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under section 832 of this title (article 32).
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 114–328, div. E, title LII, § 5121, Dec. 23, 2016, 130 Stat. 2896.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 81050:564.May 5, 1950, ch. 169, § 1 (Art. 10), 64 Stat. 111. The word “he” is substituted for the words “such person”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 811"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 811"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 811 - Art. 11. Reports and receiving of prisoners
|
||||
|
||||
## Text
|
||||
|
||||
(a) No provost marshal, commander of a guard, or master at arms may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of the armed forces, when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner.
|
||||
|
||||
(b) Every commander of a guard or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 811(a)811(b)50:565(a).50:565(b).May 5, 1950, ch. 169, § 1 (Art. 11), 64 Stat. 112. In subsection (a), the word “may” is substituted for the word “shall”. The words “a commissioned” are substituted for the word “an” for clarity.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 812"
|
||||
description: "Art. 12. Prohibition of confinement of members of the armed forces with enemy prisoners and certain others"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "812"
|
||||
citation: "10 U.S.C. § 812"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "746eb167bb8ad9c6b24f5072867ddd7c8af24ecf3d0c2519f3c372ee4949c9ac"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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||||
text_hash: "270922f7aa7605bb05d9906ae50c3260aa4c433eeb1ba534c6d6104f7a1c23a9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 812 - Art. 12. Prohibition of confinement of members of the armed forces with enemy prisoners and certain others
|
||||
|
||||
## Text
|
||||
|
||||
No member of the armed forces may be placed in confinement in immediate association with—
|
||||
|
||||
(1) enemy prisoners; or
|
||||
|
||||
(2) other individuals—
|
||||
|
||||
(A) who are detained under the law of war and are foreign nationals; and
|
||||
|
||||
(B) who are not members of the armed forces.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 114–328, div. E, title LII, § 5122, Dec. 23, 2016, 130 Stat. 2896.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 81250:566.May 5, 1950, ch. 169, § 1 (Art. 12), 64 Stat. 112. The words “of the United States” are omitted as surplusage. The word “may” is substituted for the word “shall”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “No member of the armed forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 813"
|
||||
description: "Art. 13. Punishment prohibited before trial"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
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|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "813"
|
||||
citation: "10 U.S.C. § 813"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s813"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "7dda8d38a74f0a40cfeb522880bba6a0ce4a1bb591ac87cc07b96bb793d339dc"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "6765cb3a0b56c89e3bfc4946c2489bb8625e226bc475bd9161b377a5fefa2ceb"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 813 - Art. 13. Punishment prohibited before trial
|
||||
|
||||
## Text
|
||||
|
||||
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97–81, § 3, Nov. 20, 1981, 95 Stat. 1087.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 81350:567.May 5, 1950, ch. 169, § 1 (Art. 13), 64 Stat. 112. The words “the provisions of” are omitted as surplusage. The word “results” is changed to the singular. The word “may” is substituted for the word “shall”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1981—Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 814"
|
||||
description: "Art. 14. Delivery of offenders to civil authorities"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "814"
|
||||
citation: "10 U.S.C. § 814"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s814"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "ecaf16f3d9fc2a03ead9fc8ad3137d24de8fc419f824f19e07ffd2f89dc89659"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "f9e754d0257988f7101ed08864643e5a9ef28a5b3b5a33e54d5930c708baa170"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 814 - Art. 14. Delivery of offenders to civil authorities
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
|
||||
|
||||
(b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 41.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 814(a)814(b)50:568(a).50:568(b).May 5, 1950, ch. 169, § 1 (Art. 14), 64 Stat. 112. In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of the Department”. In subsection (b), the word “interrupts” is substituted for the words “shall be held to interrupt”. The word “his” is substituted for the words “the said court-martial”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Regulations for Delivery of Military Personnel to Civil Authorities When Charged With Certain OffensesPub. L. 100–456, div. A, title VII, § 721, Sept. 29, 1988, 102 Stat. 2001, directed the Secretary of Defense to ensure that the Secretaries of the military departments had issued uniform regulations pursuant to this section not later than 90 days after Sept. 29, 1988, and to transmit to committees of Congress a copy of such regulations and any recommendations for additional legislation not later than 120 days after Sept. 29, 1988.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,83 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 816"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s816"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 816 - Art. 16. Courts-martial classified
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The three kinds of courts-martial in each of the armed forces are the following:
|
||||
|
||||
(1) General courts-martial, as described in subsection (b).
|
||||
|
||||
(2) Special courts-martial, as described in subsection (c).
|
||||
|
||||
(3) Summary courts-martial, as described in subsection (d).
|
||||
|
||||
(b) General Courts-martial.— General courts-martial are of the following three types:
|
||||
|
||||
(1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
|
||||
|
||||
(2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
|
||||
|
||||
(3) A general court-martial consisting of a military judge alone, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request.
|
||||
|
||||
(c) Special Courts-martial.— Special courts-martial are of the following two types:
|
||||
|
||||
(1) A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
|
||||
|
||||
(2) A special court-martial consisting of a military judge alone—
|
||||
|
||||
(A) if the case is so referred, subject to section 819 of this title (article 19) and such limitations as the President may prescribe by regulation; or
|
||||
|
||||
(B) if the case is referred under paragraph (1) and, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request.
|
||||
|
||||
(d) Summary Court-martial.— A summary court-martial consists of one commissioned officer.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 42; Pub. L. 90–632, § 2(3), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98–209, § 3(a), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 107–107, div. A, title V, § 582(a), Dec. 28, 2001, 115 Stat. 1124; Pub. L. 114–328, div. E, title LIV, § 5161, Dec. 23, 2016, 130 Stat. 2897; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(C), Dec. 12, 2017, 131 Stat. 1597; Pub. L. 118–31, div. A, title V, § 531(b)(1), Dec. 22, 2023, 137 Stat. 258.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 81650:576.May 5, 1950, ch. 169, § 1 (Art. 16), 64 Stat. 113. The word “The” is substituted for the words “There shall be”. The word “are” is substituted for the word “namely”. The words “not less than five members” are substituted for the words “any number of members not less than five”. The words “not less than three members” are substituted for the words “any number of members not less than three”. The word “commissioned” is inserted before the word “officer” in clause (3) for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (c)(2)(A). Pub. L. 118–31 struck out “by the convening authority” after “is so referred”. 2017—Subsecs. (b), (c). Pub. L. 115–91 substituted “sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29)” for “sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29)” wherever appearing. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section defined the three kinds of courts-martial in each of the armed forces. 2001—Par. (1)(A). Pub. L. 107–107 inserted “or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under section 825a of this title (article 25a)” after “five members”. 1983—Par. (1)(B). Pub. L. 98–209 substituted “orally on the record or in writing” for “in writing”. 1968—Pub. L. 90–632 provided that a general or special court-martial shall consist of only a military judge if the accused, before the court is assembled, so requests in writing and the military judge approves, with the added requirements that the accused know the identity of the military judge and have the advice of counsel, and that the election be available in the case of a special court-martial only if a military judge has been detailed to the court.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2023 AmendmentPub. L. 118–31, div. A, title V, § 531(e), Dec. 22, 2023, 137 Stat. 260, provided that: “The amendments made by subsection (b) and subsection (c)(1) [amending this section and sections 824a and 825 of this title] shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act (10 U.S.C. 801 note).”
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2001 AmendmentPub. L. 107–107, div. A, title V, § 582(d), Dec. 28, 2001, 115 Stat. 1125, provided that: “The amendments made by this section [enacting section 825a of this title and amending this section and section 829 of this title] shall apply with respect to offenses committed after December 31, 2002.”
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 817 - Art. 17. Jurisdiction of courts-martial in general
|
||||
|
||||
## Text
|
||||
|
||||
(a) Each armed force has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one armed force over personnel of another armed force shall be in accordance with regulations prescribed by the President.
|
||||
|
||||
(b) In all cases, departmental review after that by the officer with authority to convene a general court-martial for the command which held the trial, where that review is required under this chapter, shall be carried out by the department that includes the armed force of which the accused is a member.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 43.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 817(a)817(b)50:577(a).50:577(b).May 5, 1950, ch. 169, § 1 (Art. 17), 64 Stat. 114. In subsection (a), the word “has” is substituted for the words “shall have”. In subsection (b), the word “after” is substituted for the words “subsequent to”. The words “the provisions of” are omitted as surplusage. The words “department that includes the” are inserted before the words “armed force”, since the review is carried out by the department and not by the armed force.
|
||||
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|
||||
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|
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|
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||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 818 - Art. 18. Jurisdiction of general courts-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war.
|
||||
|
||||
(b) A general court-martial of the kind specified in section 816(b)(3) of this title (article 16(b)(3)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.
|
||||
|
||||
(c) Consistent with sections 819 and 820 of this title (articles 19 and 20), only general courts-martial have jurisdiction over the following offenses:
|
||||
|
||||
(1) A violation of subsection (a) or (b) of section 920 of this title (article 120).
|
||||
|
||||
(2) A violation of subsection (a) or (b) of section 920b of this title (article 120b).
|
||||
|
||||
(3) An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under section 880 of this title (article 80).
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(4), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 113–66, div. A, title XVII, § 1705(b), Dec. 26, 2013, 127 Stat. 959; Pub. L. 114–328, div. E, title LIV, § 5162, Dec. 23, 2016, 130 Stat. 2898.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 81850:578.May 5, 1950, ch. 169, § 1 (Art. 18), 64 Stat. 114. The word “shall” is omitted as surplusage wherever it occurs.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (b). Pub. L. 114–328, § 5162(1), substituted “section 816(b)(3) of this title (article 16(b)(3))” for “section 816(1)(B) of this title (article 16(1)(B))”. Subsec. (c). Pub. L. 114–328, § 5162(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).” 2013—Pub. L. 113–66 designated the first two sentences as subsec. (a), designated third sentence as subsec. (b) and substituted “A general court-martial” for “However, a general court-martial”, and added subsec. (c). 1968—Pub. L. 90–632 provided that a general court-martial consisting of only a military judge has no jurisdiction in cases in which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2013 AmendmentPub. L. 113–66, div. A, title XVII, § 1705(c), Dec. 26, 2013, 127 Stat. 960, provided that: “The amendments made by this section [amending this section and section 856 of this title] shall take effect 180 days after the date of the enactment of this Act [Dec. 26, 2013], and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed on or after that date.”
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,57 @@
|
||||
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|
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 819 - Art. 19. Jurisdiction of special courts-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Subject to section 817 of this title (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
|
||||
|
||||
(b) Additional Limitation.— Neither a bad-conduct discharge, nor confinement for more than six months, nor forfeiture of pay for more than six months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)).
|
||||
|
||||
(c) Military Magistrate.— If charges and specifications are referred to a special court-martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)), the military judge, with the consent of the parties, may designate a military magistrate to preside over the special court-martial.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(5), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 106–65, div. A, title V, § 577(a), Oct. 5, 1999, 113 Stat. 625; Pub. L. 107–107, div. A, title X, § 1048(g)(4), Dec. 28, 2001, 115 Stat. 1228; Pub. L. 114–328, div. E, title LIV, § 5163, Dec. 23, 2016, 130 Stat. 2898.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 81950:579.May 5, 1950, ch. 169, § 1 (Art. 19), 64 Stat. 114. The word “shall” in the first sentence is omitted as surplusage. The words “for more than” are substituted for the words “in excess of”. The words “more than” are substituted for the words “a period exceeding”. The word “may” is substituted for the word “shall” in the last sentence.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 designated existing provisions as subsec. (a) and inserted heading, struck out “A bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.” after “one year.”, and added subsecs. (b) and (c). 2001—Pub. L. 107–107, § 1048(g)(4), amended directory language of Pub. L. 106–65, § 577(a)(2). See 1999 Amendment note below. 1999—Pub. L. 106–65, § 577(a)(2), as amended by Pub. L. 107–107, § 1048(g)(4), inserted “, confinement for more than six months, or forfeiture of pay for more than six months” after “A bad-conduct discharge” in third sentence. Pub. L. 106–65, § 577(a)(1), substituted “one year” for “six months” in two places in second sentence. 1968—Pub. L. 90–632 provided that before a bad-conduct discharge may be adjudged by a special court-martial the accused must be detailed counsel who is legally qualified under the Code and a military judge must be detailed to the trial, with a detailed written statement appended to the record if a military judge was not detailed to the trial, because of physical conditions and military exigencies, stating the reasons that a military judge could not be so detailed.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2001 AmendmentPub. L. 107–107, div. A, title X, § 1048(g), Dec. 28, 2001, 115 Stat. 1228, provided that the amendment made by section 1048(g)(4) is effective as of Oct. 5, 1999, and as if included in Pub. L. 106–65 as enacted.
|
||||
|
||||
Effective Date of 1999 AmendmentPub. L. 106–65, div. A, title V, § 577(b), Oct. 5, 1999, 113 Stat. 625, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the first day of the sixth month beginning after the date of the enactment of this Act [Oct. 5, 1999] and shall apply with respect to charges referred on or after that effective date to trial by special courts-martial.”
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
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|
||||
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|
||||
|
||||
# 10 U.S.C. § 820 - Art. 20. Jurisdiction of summary courts-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, cadets, aviation cadets, and midshipmen, for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, hard-labor without confinement for more than 45 days, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month’s pay.
|
||||
|
||||
(b) Non-criminal Forum.— A summary court-martial is a non-criminal forum. A finding of guilty at a summary court-martial does not constitute a criminal conviction.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(6), Oct. 24, 1968, 82 Stat. 1336; Pub. L. 114–328, div. E, title LIV, § 5164, Dec. 23, 2016, 130 Stat. 2899.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 82050:580.May 5, 1950, ch. 169, § 1 (Art. 20), 64 Stat. 114. The word “shall” in the first sentence is omitted as surplusage. The word “may” is substituted for the word “shall” in the second sentence. The words “the provisions of” are omitted as surplusage. The word “If” is substituted for the word “Where”. The words “for more than” are substituted for the words “in excess of”. The words “more than” are substituted for the words “pay in excess of”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1968—Pub. L. 90–632 substituted provisions prohibiting trial by summary court-martial in all cases if the person objects thereto for provisions allowing such trial over the person’s objection if he has previously been offered and has refused article 15 punishment.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 821"
|
||||
description: "Art. 21. Jurisdiction of courts-martial not exclusive"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 821"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 821 - Art. 21. Jurisdiction of courts-martial not exclusive
|
||||
|
||||
## Text
|
||||
|
||||
The provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals. This section does not apply to a military commission established under chapter 47A of this title.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 82150:581.May 5, 1950, ch. 169, § 1 (Art. 21), 64 Stat. 115. The words “do not deprive” are substituted for the words “shall not be construed as depriving”. The words “with respect to” are substituted for the words “in respect of”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Pub. L. 109–366 inserted last sentence.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 822 - Art. 22. Who may convene general courts-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) General courts-martial may be convened by—
|
||||
|
||||
(1) the President of the United States;
|
||||
|
||||
(2) the Secretary of Defense;
|
||||
|
||||
(3) the commanding officer of a unified or specified combatant command;
|
||||
|
||||
(4) the Secretary concerned;
|
||||
|
||||
(5) the commanding officer of an Army Group, an Army, an Army Corps, a division, a separate brigade, or a corresponding unit of the Army or Marine Corps;
|
||||
|
||||
(6) the commander of a fleet; the commanding officer of a naval station or larger shore activity of the Navy beyond the United States;
|
||||
|
||||
(7) the commanding officer of an air command, an air force, an air division, or a separate wing of the Air Force or Marine Corps, or the commanding officer of a corresponding unit of the Space Force;
|
||||
|
||||
(8) any other commanding officer designated by the Secretary concerned; or
|
||||
|
||||
(9) any other commanding officer in any of the armed forces when empowered by the President.
|
||||
|
||||
(b) (1) If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.
|
||||
|
||||
(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 99–433, title II, § 211(b), Oct. 1, 1986, 100 Stat. 1017; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 114–328, div. E, title LV, § 5181, Dec. 23, 2016, 130 Stat. 2899; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(A), Jan. 1, 2021, 134 Stat. 3824; Pub. L. 117–81, div. A, title V, § 534(a), Dec. 27, 2021, 135 Stat. 1696.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 822(a)822(b)50:586(a).50:586(b).May 5, 1950, ch. 169, § 1 (Art. 22), 64 Stat. 115. Subsection (a)(2) is substituted for the words “the Secretary of a Department”. In subsection (a)(4), the words “continental limits of the” are omitted, since section 101(1) of this title defines the United States to include the States and the District of Columbia. In subsection (a)(6), the words “any other commanding officer” are substituted for the words “such other commanding officers as may be”. In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (a)(7). Pub. L. 116–283 substituted “Marine Corps, or the commanding officer of a corresponding unit of the Space Force” for “Marine Corps”. Subsec. (b). Pub. L. 117–81 designated existing provisions as par. (1) and added par. (2). 2016—Subsec. (a)(6). Pub. L. 114–328 struck out “in chief” after “the commander”. 2006—Subsec. (a)(5). Pub. L. 109–163 struck out “a Territorial Department,” before “an Army Group”. 1986—Subsec. (a)(2) to (9). Pub. L. 99–433 added pars. (2) and (3) and redesignated existing pars. (2) to (7) as (4) to (9), respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Training for Sexual Assault Initial Disposition Authorities on Exercise of Disposition Authority for Sexual Assault and Collateral OffensesPub. L. 116–92, div. A, title V, § 540A, Dec. 20, 2019, 133 Stat. 1365, provided that: “(a) In General.—The training for sexual assault initial disposition authorities on the exercise of disposition authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), shall include comprehensive training on the exercise of disposition authority with respect to cases for which disposition authority is withheld to such authorities pursuant to the memorandum described in subsection (b) for the purpose of promoting confidence and trust in the military justice process with respect to such cases. “(b) Memorandum Described.—The memorandum described in this subsection is the memorandum of the Secretary of Defense titled ‘Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases’ and dated April 20, 2012, or any successor memorandum.”
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
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type: "LegalText"
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 823"
|
||||
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|
||||
release_point: "119-100"
|
||||
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 823 - Art. 23. Who may convene special courts-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) Special courts-martial may be convened by—
|
||||
|
||||
(1) any person who may convene a general court-martial;
|
||||
|
||||
(2) the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty;
|
||||
|
||||
(3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;
|
||||
|
||||
(4) the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;
|
||||
|
||||
(5) the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;
|
||||
|
||||
(6) the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or
|
||||
|
||||
(7) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
|
||||
|
||||
(b) (1) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
|
||||
|
||||
(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(B), Jan. 1, 2021, 134 Stat. 3824; Pub. L. 117–81, div. A, title V, § 534(b), title X, § 1081(a)(13), Dec. 27, 2021, 135 Stat. 1696, 1920.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 823(a)823(b)50:587(a).50:587(b).May 5, 1950, ch. 169, § 1 (Art. 23), 64 Stat. 115. In subsection (a)(7), the words “Secretary concerned” are substituted for the words “Secretary of a Department”. In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (a)(2). Pub. L. 117–81, § 1081(a)(13), inserted comma after “Army”. Pub. L. 116–283, § 924(b)(21)(B)(i), substituted “Air Force or Space Force military installation” for “Air Force base” and “the Air Force, or the Space Force” for “or the Air Force”. Subsec. (a)(4). Pub. L. 116–283, § 924(b)(21)(B)(ii), inserted “or a corresponding unit of the Space Force” after “Air Force”. Subsec. (b). Pub. L. 117–81, § 534(b), designated existing provisions as par. (1) and added par. (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 534(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
|
||||
|
||||
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 824"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 824 - Art. 24. Who may convene summary courts-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) Summary courts-martial may be convened by—
|
||||
|
||||
(1) any person who may convene a general or special court-martial;
|
||||
|
||||
(2) the commanding officer of a detached company, or other detachment of the Army;
|
||||
|
||||
(3) the commanding officer of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force; or
|
||||
|
||||
(4) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
|
||||
|
||||
(b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 45; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(C), Jan. 1, 2021, 134 Stat. 3824.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 824(a)824(b)50:588(a).50:588(b).May 5, 1950, ch. 169, § 1 (Art. 24), 64 Stat. 116. In subsection (a)(4), the words “Secretary concerned” are substituted for the words “Secretary of a Department”. In subsection (b), the words “only one commissioned” are substituted for the words “but one” for clarity. The word “considered” is substituted for the word “deemed”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (a)(3). Pub. L. 116–283 inserted “or a corresponding unit of the Space Force” after “Air Force”.
|
||||
@@ -0,0 +1,115 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 824a - Art. 24a. Special trial counsel
|
||||
|
||||
## Text
|
||||
|
||||
(a) Detail of Special Trial Counsel.— Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel.
|
||||
|
||||
(b) Qualifications.— A special trial counsel shall be a commissioned officer who—
|
||||
|
||||
(1) (A) is a judge advocate who is qualified under section 806(a)(1) of this title (article 6(a)(1)); and
|
||||
|
||||
(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
|
||||
|
||||
(i) the Judge Advocate General of the armed force of which the officer is a member; or
|
||||
|
||||
(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
|
||||
|
||||
(2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7.
|
||||
|
||||
(c) Duties and Authorities.— (1) In general.— Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation.
|
||||
|
||||
(2) Determination of covered offense; related charges.— (A) Authority.— A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser.
|
||||
|
||||
(B) Known and related offenses.— If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense.
|
||||
|
||||
(3) Dismissal; referral; plea bargains.— Subject to paragraph (5), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter—
|
||||
|
||||
(A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications;
|
||||
|
||||
(B) refer the charges and specifications for trial by a special or general court-martial;
|
||||
|
||||
(C) enter into a plea agreement; and
|
||||
|
||||
(D) determine if an authorized rehearing is impracticable.
|
||||
|
||||
(4) Binding determination.— The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications.
|
||||
|
||||
(5) Deferral to commander or convening authority.— If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.
|
||||
|
||||
(d) Special Trial Counsel Authority Over Certain Other Offenses.— (1) Offenses occurring before effective date.— A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses:
|
||||
|
||||
(A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920a (article 120a), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023.
|
||||
|
||||
(B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023.
|
||||
|
||||
(C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019.
|
||||
|
||||
(D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81).
|
||||
|
||||
(E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82).
|
||||
|
||||
(F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80).
|
||||
|
||||
(2) The standalone offense of sexual harassment.— After January 1, 2025, a special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses:
|
||||
|
||||
(A) The standalone offense of sexual harassment punishable under section 934 of this title (article 134) in each instance in which—
|
||||
|
||||
(i) the offense occurs after January 26, 2022, and on or before January 1, 2025; and
|
||||
|
||||
(ii) a formal complaint is substantiated in accordance with regulations prescribed by the Secretary concerned.
|
||||
|
||||
(B) A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81).
|
||||
|
||||
(C) A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82).
|
||||
|
||||
(D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80).
|
||||
|
||||
(3) Effect of exercise of authority.— (A) Treatment as covered offense.— If a special trial counsel exercises authority over an offense pursuant to paragraph (1) or (2), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter.
|
||||
|
||||
(B) Known or related offenses.— If a special trial counsel exercises authority over an offense pursuant to subsection (c)(2)(A) or paragraph (1) or (2) of this subsection, the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title V, § 531(a), Dec. 27, 2021, 135 Stat. 1692; amended Pub. L. 117–263, div. A, title V, § 542(a), Dec. 23, 2022, 136 Stat. 2581; Pub. L. 118–31, div. A, title V, § 531(c)(1), Dec. 22, 2023, 137 Stat. 258; Pub. L. 118–159, div. A, title V, § 562, Dec. 23, 2024, 138 Stat. 1903; Pub. L. 119–60, div. A, title V, § 561(b)(2), Dec. 18, 2025, 139 Stat. 882.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (b)(1)(A). Pub. L. 119–60 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and”. 2024—Subsec. (d)(1)(A). Pub. L. 118–159, § 562(1), substituted “section 919a (article 119a), section 920 (article 120), section 920a (article 120a),” for “section 920 (article 120),”. Subsec. (d)(2), (3). Pub. L. 118–159, § 562(2), (3), added par. (2) and redesignated former par. (2) as (3). Subsec. (d)(3)(A). Pub. L. 118–159, § 562(4)(A), inserted “or (2)” after “paragraph (1)”. Subsec. (d)(3)(B). Pub. L. 118–159, § 562(4)(B), substituted “subsection (c)(2)(A) or paragraph (1) or (2) of this subsection” for “paragraph (1)”. 2023—Subsec. (d). Pub. L. 118–31 added subsec. (d). 2022—Subsec. (c)(3). Pub. L. 117–263, § 542(a)(1), substituted “Subject to paragraph (5)” for “Subject to paragraph (4)” in introductory provisions. Subsec. (c)(3)(D). Pub. L. 117–263, § 542(a)(2), substituted “an authorized rehearing” for “an ordered rehearing”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2023 AmendmentAmendment by Pub. L. 118–31 effective immediately after amendment by part 1 of subtitle D of title V of Pub. L. 117–81, see section 531(e) of Pub. L. 118–31, set out as a note under section 816 of this title.
|
||||
|
||||
Effective Date of 2022 AmendmentPub. L. 117–263, div. A, title V, § 542(b), Dec. 23, 2022, 136 Stat. 2581, provided that: “The amendments made by subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amendments made by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1692) [enacting this section] as provided in section 539C of that Act (10 U.S.C. 801 note).”
|
||||
|
||||
Effective DateSection effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as an Effective Date of 2021 Amendment note under section 801 of this title.
|
||||
|
||||
Residual Prosecutorial Duties and Other Judicial Functions of Convening Authorities in Covered CasesPub. L. 117–263, div. A, title V, § 541(c), Dec. 23, 2022, 136 Stat. 2580, provided that: “The President shall prescribe regulations to ensure that residual prosecutorial duties and other judicial functions of convening authorities, including granting immunity, ordering depositions, and hiring experts, with respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1692)), are transferred to the military judge, the special trial counsel, or other authority as appropriate in such cases by no later than the effective date established in section 539C of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 801 note), in consideration of due process for all parties involved in such a case.”
|
||||
@@ -0,0 +1,89 @@
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 825 - Art. 25. Who may serve on courts-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
|
||||
|
||||
(b) Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
|
||||
|
||||
(c) (1) Any enlisted member on active duty is eligible to serve on a general or special court-martial for the trial of any other enlisted member.
|
||||
|
||||
(2) Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that—
|
||||
|
||||
(A) the membership of the court-martial be comprised entirely of officers; or
|
||||
|
||||
(B) enlisted members comprise at least one-third of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.
|
||||
|
||||
(3) Except as provided in paragraph (4), after such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.
|
||||
|
||||
(4) If, because of physical conditions or military exigencies, a sufficient number of eligible officers or enlisted members, as the case may be, is not available to carry out paragraph (2), the trial may nevertheless be held. In that event, the convening authority shall make a detailed written statement of the reasons for nonavailability. The statement shall be appended to the record.
|
||||
|
||||
(d) (1) Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members shall be sentenced by the military judge.
|
||||
|
||||
(2) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).
|
||||
|
||||
(3) In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.
|
||||
|
||||
(e) (1) When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to the member being tried in rank or grade.
|
||||
|
||||
(2) When convening a court-martial, the convening authority shall detail as members thereof such members of the armed forces as, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted as preliminary hearing officer or as counsel in the same case.
|
||||
|
||||
(3) The convening authority shall detail not less than the number of members necessary to impanel the court-martial under section 829 of this title (article 29).
|
||||
|
||||
(4) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable.
|
||||
|
||||
(f) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Secretary concerned may prescribe, the convening authority may delegate the authority of the convening authority under this subsection to the staff judge advocate or legal officer of the convening authority or to any other principal assistant.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 45; Pub. L. 90–632, § 2(7), Oct. 24, 1968, 82 Stat. 1336; Pub. L. 98–209, §§ 3(b), 13(c), Dec. 6, 1983, 97 Stat. 1394, 1408; Pub. L. 99–661, div. A, title VIII, § 803(a), Nov. 14, 1986, 100 Stat. 3906; Pub. L. 114–328, div. E, title LV, § 5182, title LVI, § 5203(e)(2), Dec. 23, 2016, 130 Stat. 2899, 2906; Pub. L. 117–263, div. A, title V, § 543(a), Dec. 23, 2022, 136 Stat. 2582; Pub. L. 118–31, div. A, title V, § 531(b)(2), Dec. 22, 2023, 137 Stat. 258.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 825(a)825(b)50:589(a).50:589(b).May 5, 1950, ch. 169, § 1 (Art. 25), 64 Stat. 116. 825(c)50:589(c). 825(d)50:589(d). In subsection (a), the word “commissioned” is inserted before the word “officer” for clarity. The word “is” is substituted for the words “shall be”. In subsections (a), (b), and (c)(1), the words “with the armed forces” are omitted as surplusage. In subsection (b), the word “is” is substituted for the words “shall be”. The words “a commissioned” are substituted for the word “an” for clarity. In subsection (c), the words “member” and “members”, respectively are substituted for the words “person” and “persons”. The words “of an armed force” are inserted for clarity. In subsection (c)(1), the word “is” is substituted for the words “shall be”. The word “before” is substituted for the words “prior to”. The words “the accused may not” are substituted for the words “no enlisted person shall”, for clarity. The word “If” is substituted for the word “Where”. In subsection (c)(2), the word “means” is substituted for the words “shall mean”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”. The word “may” is substituted for the word “shall”. The word “than”, before the words “a body”, is omitted as surplusage. In subsection (d)(1), the word “may” is substituted for the word “shall”. The word “member” is substituted for the word “person”. In subsection (d)(2), the word “is” is substituted for the words “shall be”. The word “detail” is substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense. The words “member of an armed force” and “members of the armed forces”, respectively, are substituted for the words “person” and “persons”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (d)(1). Pub. L. 118–31, § 531(b)(2)(A)(i), substituted “shall be sentenced by the military judge” for “may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members”. Subsec. (d)(2). Pub. L. 118–31, § 531(b)(2)(A)(ii), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In a capital case, the accused shall be sentenced by the members for all offenses for which the court-martial may sentence the accused to death in accordance with section 853(c) of this title (article 53(c)).” Subsec. (e)(1). Pub. L. 118–31, § 531(b)(2)(B)(i), substituted “the member being tried” for “him”. Subsec. (e)(2). Pub. L. 118–31, § 531(b)(2)(B)(ii), substituted “the opinion of the convening authority” for “his opinion” and “the member” for “he”. Subsec. (f). Pub. L. 118–31, § 531(b)(2)(C), substituted “the authority of the convening authority” for “his authority” and “the staff judge advocate or legal officer of the convening authority” for “his staff judge advocate or legal officer”. 2022—Subsec. (e)(4). Pub. L. 117–263 added par. (4). 2016—Subsec. (c). Pub. L. 114–328, § 5182(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to service on general and special courts-martial by enlisted members. Subsec. (d). Pub. L. 114–328, § 5182(b)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 114–328, § 5182(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(2). Pub. L. 114–328, § 5203(e)(2), which directed amendment of this section by substituting “preliminary hearing officer” for “investigating officer” in subsec. (d)(2), was executed by making the substitution in subsec. (e)(2) to reflect the probable intent of Congress and the redesignation of subsec. (d) as (e) by Pub. L. 114–328, § 5182(b)(1). Subsec. (e)(3). Pub. L. 114–328, § 5182(c), added par. (3). Subsec. (f). Pub. L. 114–328, § 5182(b)(1), redesignated subsec. (e) as (f). 1986—Subsec. (c)(1). Pub. L. 99–661 substituted “has requested orally on the record or in writing” for “has requested in writing”. 1983—Subsec. (c)(2). Pub. L. 98–209, § 13(c), struck out “the word” before “ ‘unit’ ”. Subsec. (e). Pub. L. 98–209, § 3(b), added subsec. (e). 1968—Subsec. (c)(1). Pub. L. 90–632 inserted requirement that an accused’s request for inclusion of enlisted members on his court-martial be made before conclusion of a pre-trial session called by the military judge under section 839(a) or before the court is assembled for his trial and substituted “assembled” for “convened” to describe the calling together of the court for the trial in provision allowing such calling together without requested enlisted members if such members cannot be obtained.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2023 AmendmentAmendment by Pub. L. 118–31 effective immediately after amendment by part 1 of subtitle D of title V of Pub. L. 117–81, see section 531(e) of Pub. L. 118–31, set out as a note under section 816 of this title.
|
||||
|
||||
Effective Date of 2022 AmendmentPub. L. 117–263, div. A, title V, § 543(b), Dec. 23, 2022, 136 Stat. 2582, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 23, 2022] and shall apply with respect to courts-martial convened on or after that effective date.”
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentPub. L. 99–661, div. A, title VIII, § 803(b), Nov. 14, 1986, 100 Stat. 3906, provided that: “The amendment made by subsection (a) [amending this section] shall apply only to a case in which arraignment is completed on or after the effective date of this title.” Title VIII of Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by section 13(c) of Pub. L. 98–209 effective Dec. 6, 1983, and amendment by section 3(b) of Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
|
||||
RegulationsPub. L. 117–263, div. A, title V, § 543(c), Dec. 23, 2022, 136 Stat. 2582, provided that: “Not later than the effective date specified in subsection (b) [see Effective Date of 2022 Amendment note above], the President shall prescribe regulations implementing the requirement under paragraph (4) of section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), as added by subsection (a) of this section.”
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 825a - Art. 25a. Number of court-martial members in capital cases
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— In a case in which the accused may be sentenced to death, the number of members shall be 12.
|
||||
|
||||
(b) Case No Longer Capital.— Subject to section 829 of this title (article 29)—
|
||||
|
||||
(1) if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be sentenced to death, the number of members shall be eight; and
|
||||
|
||||
(2) if a case is referred for trial as a capital case and, after the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.
|
||||
|
||||
(Added Pub. L. 107–107, div. A, title V, § 582(b)(1), Dec. 28, 2001, 115 Stat. 1124; amended Pub. L. 114–328, div. E, title LV, § 5183, Dec. 23, 2016, 130 Stat. 2900.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “In a case in which the accused may be sentenced to a penalty of death, the number of members shall be not less than 12, unless 12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority shall specify a lesser number of members not less than five, and the court may be assembled and the trial held with not less than the number of members so specified. In such a case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective DateSection applicable with respect to offenses committed after Dec. 31, 2002, see section 582(d) of Pub. L. 107–107, set out as an Effective Date of 2001 Amendment note under section 816 of this title.
|
||||
@@ -0,0 +1,75 @@
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "826"
|
||||
citation: "10 U.S.C. § 826"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 826 - Art. 26. Military judge of a general or special court-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) A military judge shall be detailed to each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he has been detailed.
|
||||
|
||||
(b) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member.
|
||||
|
||||
(c) (1) In accordance with regulations prescribed under subsection (a), a military judge of a general or special court-martial shall be designated for detail by the Judge Advocate General of the armed force of which the military judge is a member.
|
||||
|
||||
(2) Neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to the military judge’s performance of duty as a military judge.
|
||||
|
||||
(3) A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial—
|
||||
|
||||
(A) may perform such duties only when the officer is assigned and directly responsible to the Judge Advocate General of the armed force of which the military judge is a member; and
|
||||
|
||||
(B) may perform duties of a judicial or nonjudicial nature other than those relating to the officer’s primary duty as a military judge of a general court-martial when such duties are assigned to the officer by or with the approval of that Judge Advocate General.
|
||||
|
||||
(4) In accordance with regulations prescribed by the President, assignments of military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.
|
||||
|
||||
(d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as preliminary hearing officer or a counsel in the same case.
|
||||
|
||||
(e) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.
|
||||
|
||||
(f) A military judge may be detailed under subsection (a) to a court-martial or a proceeding under section 830a of this title (article 30a) that is convened in a different armed force, when so permitted by the Judge Advocate General of the armed force of which the military judge is a member.
|
||||
|
||||
(g) In accordance with regulations prescribed by the President, each Judge Advocate General shall designate a chief trial judge from among the members of the applicable trial judiciary.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90–632, § 2(9), Oct. 24, 1968, 82 Stat. 1336; Pub. L. 98–209, § 3(c)(1), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 114–328, div. E, title LV, § 5184, title LVI, § 5203(e)(3), Dec. 23, 2016, 130 Stat. 2901, 2906.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 826(a)826(b)50:590(a).50:590(b).May 5, 1950, ch. 169, § 1 (Art. 26), 64 Stat. 117. In subsection (a), the words “a commissioned” are substituted for the word “an” for clarity. The words “of the United States” are omitted as surplusage. The word “is” is substituted for the words “shall be”. The word “if” is substituted for the word “when”. The word “detail” is substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense. In subsection (b), the word “may” is substituted for the word “shall”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (a). Pub. L. 114–328, § 5184(a), inserted “and special” after “each general” and struck out “Subject to regulations of the Secretary concerned, a military judge may be detailed to any special court-martial.” before “The military judge”. Subsec. (b). Pub. L. 114–328, § 5184(b), substituted “qualified, by reason of education, training, experience, and judicial temperament, for duty” for “qualified for duty”. Subsec. (c). Pub. L. 114–328, § 5184(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail in accordance with regulations prescribed under subsection (a). Unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee.” Subsec. (d). Pub. L. 114–328, § 5203(e)(3), substituted “preliminary hearing officer” for “investigating officer”. Subsec. (f). Pub. L. 114–328, § 5184(d), added subsec. (f). Subsec. (g). Pub. L. 114–328, § 5184(e), added subsec. (g). 1983—Subsec. (a). Pub. L. 98–209, § 3(c)(1)(A), amended subsec. (a) generally, inserting provision requiring the Secretary concerned to prescribe regulations providing for the manner in which military judges are detailed for courts-martial and for the persons who are authorized to detail military judges for such courts-martial. Subsec. (c). Pub. L. 98–209, § 3(c)(1)(B), substituted “in accordance with regulations prescribed under subsection (a). Unless” for “by the convening authority, and, unless”. 1968—Pub. L. 90–632 substituted “military judge” for “law officer” and inserted reference to special court-martial. Subsec. (a). Pub. L. 90–632 substituted reference to military judge for references to law officer and such law officer’s requisite qualifications, inserted reference to special court-martial and regulations of the Secretary concerned governing the convening of a special court-martial, inserted provisions directing the military judge to preside over the open sessions of the court-martial to which he was assigned, and struck out provisions making law officers ineligible in a case in which he was the accuser or a witness for the prosecution or acted as investigating officer or as counsel. Subsecs. (b) to (d). Pub. L. 90–632 added subsecs. (b) to (d). Former subsec. (b) redesignated as subsec. (e) and amended. Subsec. (e). Pub. L. 90–632 redesignated former subsec. (b) as (e) and substituted “military judge” for “law officer” and struck out provision allowing consultation with members of the court on the form of the findings as provided in section 839 of this title (article 39).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to affect the designation or detail of a military judge or military counsel to a court-martial before that date, see section 12(a)(1), (2) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
|
||||
Statutory References to Law Officer Deemed References to Military JudgePub. L. 90–632, § 3(a), Oct. 24, 1968, 82 Stat. 1343, provided that: “Whenever the term law officer is used, with reference to any officer detailed to a court-martial pursuant to section 826(a) (article 26(a)) of title 10, United States Code [subsec. (a) of this section], in any provision of Federal law (other than provisions amended by this Act [see Short Title of 1968 Amendment note set out under section 801 of this title] or in any regulation, document, or record of the United States, such term shall be deemed to mean military judge.”
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 826a"
|
||||
description: "Art. 26a. Military magistrates"
|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 826a"
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 826a - Art. 26a. Military magistrates
|
||||
|
||||
## Text
|
||||
|
||||
(a) Qualifications.— A military magistrate shall be a commissioned officer of the armed forces who—
|
||||
|
||||
(1) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and
|
||||
|
||||
(2) is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military magistrate by the Judge Advocate General of the armed force of which the officer is a member.
|
||||
|
||||
(b) Duties.— In accordance with regulations prescribed by the Secretary concerned, in addition to duties when designated under section 819 or 830a of this title (article 19 or 30a), a military magistrate may be assigned to perform other duties of a nonjudicial nature.
|
||||
|
||||
(Added Pub. L. 114–328, div. E, title LV, § 5185, Dec. 23, 2016, 130 Stat. 2901.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 827"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 827 - Art. 27. Detail of trial counsel and defense counsel
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.
|
||||
|
||||
(2) No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
|
||||
|
||||
(b) Trial counsel, defense counsel, or assistant defense counsel detailed for a general court-martial—
|
||||
|
||||
(1) must be a judge advocate who is qualified under section 806(a)(1) of this title (article 6(a)(1)); and
|
||||
|
||||
(2) must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
|
||||
|
||||
(c) (1) Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b).
|
||||
|
||||
(2) Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such duties by the Judge Advocate General, under such rules as the President may prescribe.
|
||||
|
||||
(d) To the greatest extent practicable, in any capital case, at least one defense counsel shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.
|
||||
|
||||
(e) For each general and special court-martial for which charges and specifications were referred by a special trial counsel—
|
||||
|
||||
(1) a special trial counsel shall be detailed as trial counsel; and
|
||||
|
||||
(2) a special trial counsel may detail other trial counsel as necessary who are judge advocates.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90–179, § 1(5), Dec. 8, 1967, 81 Stat. 546; Pub. L. 90–632, § 2(10), Oct. 24, 1968, 82 Stat. 1337; Pub. L. 98–209, §§ 2(d), 3(c)(2), Dec. 6, 1983, 97 Stat. 1393, 1394; Pub. L. 114–328, div. E, title LV, § 5186, Dec. 23, 2016, 130 Stat. 2902; Pub. L. 117–81, div. A, title V, § 535, Dec. 27, 2021, 135 Stat. 1696; Pub. L. 119–60, div. A, title V, § 561(b)(1), Dec. 18, 2025, 139 Stat. 881.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 827(a)827(b)50:591(a).50:591(b).May 5, 1950, ch. 169, § 1 (Art. 27), 64 Stat. 117. 827(c)50:591(c). The words, “detail” and “detailed” are substituted for the words “appoint” and “appointed” throughout the revised section, since the filling of the position involved is not appointment to an office in the constitutional sense. In subsection (a), the word “and” is substituted for the words “together with”. The word “considers” is substituted for the word “deems”. The words “necessary or” are omitted as surplusage, since what is necessary is also appropriate. The word “may” is substituted for the word “shall”. The word “later” is substituted for the word “subsequently”. In subsections (b) and (c), the word “must” is substituted for the word “shall”, since the clauses prescribe conditions and not commands. In subsection (b), the word “for” is substituted for the words “in the case of”. The words “person * * * a person who is” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (b)(1). Pub. L. 119–60 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; or must be a member of the bar of a Federal court or of the highest court of a State; and”. 2021—Subsec. (e). Pub. L. 117–81 added subsec. (e). 2016—Subsec. (a)(2). Pub. L. 114–328, § 5186(1), substituted “No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel,” for “No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel,”. Subsec. (b). Pub. L. 114–328, § 5186(2), substituted “Trial counsel, defense counsel, or assistant defense counsel” for “Trial counsel or defense counsel” in introductory provisions. Subsecs. (c), (d). Pub. L. 114–328, § 5186(3), added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: “In the case of a special court-martial— “(1) the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained; “(2) if the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and “(3) if the trial counsel is a judge advocate or a member of the bar of a Federal court or the highest court of a State, the defense counsel detailed by the convening authority must be one of the foregoing.” 1983—Subsec. (a)(1). Pub. L. 98–209, § 3(c)(2)(A), designated first sentence of existing provisions as par. (1), substituted provisions requiring that trial counsel and defense counsel be detailed for each general and special court-martial, and permitting the detailing of assistant trial counsel and assistant and associate defense counsel for each general and special court-martial for provisions requiring that for each general and special court-martial the authority convening the court had to detail trial counsel and defense counsel and such assistants as he considered appropriate, and inserted provision requiring the Secretary concerned to prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial. Subsec. (a)(2). Pub. L. 98–209, § 3(c)(2)(B), designated existing provision, less first sentence, as par. (2) and substituted “assistant or associate defense counsel” for “assistant defense counsel”. Subsec. (b)(1). Pub. L. 98–209, § 2(d)(1), substituted “judge advocate” for “judge advocate of the Army, Navy, Air Force, or Marine Corps or a law specialist of the Coast Guard,”. Subsec. (c)(3). Pub. L. 98–209, § 2(d)(2), struck out “, or a law specialist,” after “is a judge advocate”. 1968—Subsec. (a). Pub. L. 90–632, § 2(10)(A), substituted “military judge” for “law officer”. Subsec. (c). Pub. L. 90–632, § 2(10)(B), redesignated former pars. (1) and (2) as pars. (2) and (3), respectively, and added par. (1). 1967—Subsec. (b)(1). Pub. L. 90–179 inserted reference to judge advocate of the Marine Corps and substituted reference to judge advocate of the Navy for reference to law specialist of the Navy.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but amendment by section 3(c)(2) of Pub. L. 98–209 not to affect the designation or detail of a military judge or military counsel to a court-martial before that date, see section 12(a)(1), (2) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 Amendment Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
|
||||
Military Defense CounselPub. L. 117–81, div. A, title V, § 549D, Dec. 27, 2021, 135 Stat. 1726, provided that: “Each Secretary of a military department shall— “(1) ensure that military defense counsel have timely and reliable access to and funding for defense investigators, expert witnesses, trial support, pre-trial and post-trial support, paralegal support, counsel travel, and other necessary resources; “(2) ensure that military defense counsel detailed to represent a member of the Armed Forces accused of a covered offense (as defined in section 801(17) of title 10, United States Code (article 1(17) of the Uniform Code of Military Justice), as added by section 533 of this Act) are well-trained and experienced, highly skilled, and competent in the defense of cases involving covered offenses; and “(3) take or direct such other actions regarding military defense counsel as may be warranted in the interest of the fair administration of justice.”
|
||||
|
||||
Effective Prosecution and Defense in Courts-Martial and Pilot Programs on Professional Military Justice Development for Judge AdvocatesPub. L. 114–328, div. A, title V, § 542, Dec. 23, 2016, 130 Stat. 2126, as amended by Pub. L. 115–91, div. A, title V, § 532, Dec. 12, 2017, 131 Stat. 1388, provided that: “(a) Program for Effective Prosecution and Defense.—The Secretary concerned shall carry out a program to ensure that—“(1) trial counsel and defense counsel detailed to prosecute or defend a court-martial have sufficient experience and knowledge to effectively prosecute or defend the case or there is adequate supervision and oversight of trial counsel and defense counsel so detailed to ensure effective prosecution and defense in the court-martial; and “(2) a deliberate professional developmental process is in place to ensure effective prosecution and defense in all courts-martial. “(b) Military Justice Experience Designators or Skill Identifiers.—The Secretary concerned shall establish and use a system of military justice experience designators or skill identifiers for purposes of identifying judge advocates with skill and experience in military justice proceedings in order to ensure that judge advocates with experience and skills identified through such experience designators or skill identifiers are assigned to develop less experienced judge advocates in the prosecution and defense in courts-martial under a program carried out pursuant to subsection (a). “(c) Use of Civilian Employees to Advise Less Experienced Judge Advocates in Prosecution and Defense.—The Secretary concerned may use highly qualified experts and other civilian employees who are under the jurisdiction of the Secretary concerned, are available, and are experienced in the prosecution or defense of complex criminal cases to provide assistance to, and consult with, less experienced judge advocates throughout the court-martial process. “(d) Pilot Programs on Professional Developmental Process for Judge Advocates.—“(1) Purpose.—The Secretary concerned shall carry out a pilot program to assess the feasibility and advisability of a military justice career track for judge advocates under the jurisdiction of the Secretary. “(2) Additional matters.—A pilot program may also assess such other matters related to professional military justice development for judge advocates as the Secretary concerned considers appropriate. “(3) Duration.—Each pilot program shall be for a period of five years. “(4) Elements.—Each pilot program shall include the following:“(A) A military justice career track for judge advocates that leads to judge advocates with military justice expertise in the grade of colonel, or in the grade of captain in the case of judge advocates of the Navy. “(B) The use of skill identifiers to identify judge advocates for participation in the pilot program from among judge advocates having appropriate skill and experience in military justice matters. “(C) Guidance for promotion boards considering the selection for promotion of officers participating in the pilot program in order to ensure that judge advocates who are participating in the pilot program have the same opportunity for promotion as all other judge advocate officers being considered for promotion by such boards. “(D) Such other matters as the Secretary concerned considers appropriate. “(5) Report.—Not later than four years after the date of the enactment of this Act [Dec. 23, 2016], the Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs conducted under this section. The report shall include the following:“(A) A description and assessment of each pilot program. “(B) Such recommendations as the Secretary considers appropriate in light of the pilot programs, including whether any pilot program should be extended or made permanent. “(e) Secretary Concerned Defined.—In this section, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code.”
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 828"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 828 - Art. 28. Detail or employment of reporters and interpreters
|
||||
|
||||
## Text
|
||||
|
||||
Under such regulations as the Secretary concerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission. This section does not apply to a military commission established under chapter 47A of this title.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 82850:592.May 5, 1950, ch. 169, § 1 (Art. 28), 64 Stat. 117. The words “Secretary concerned” are substituted for the words “Secretary of the Department”. The words, “detail or employ” are substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Pub. L. 109–366 inserted last sentence.
|
||||
@@ -0,0 +1,99 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 829"
|
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 829 - Art. 29. Assembly and impaneling of members; detail of new members and military judges
|
||||
|
||||
## Text
|
||||
|
||||
(a) Assembly.— The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused—
|
||||
|
||||
(1) as a result of a challenge;
|
||||
|
||||
(2) under subsection (b)(1)(B); or
|
||||
|
||||
(3) by order of the military judge or the convening authority for disability or other good cause.
|
||||
|
||||
(b) Impaneling.— (1) Under rules prescribed by the President, the military judge of a general or special court-martial with members shall—
|
||||
|
||||
(A) after determination of challenges, impanel the court-martial; and
|
||||
|
||||
(B) excuse the members who, having been assembled, are not impaneled.
|
||||
|
||||
(2) In a general court-martial, the military judge shall impanel—
|
||||
|
||||
(A) 12 members in a capital case; and
|
||||
|
||||
(B) eight members in a noncapital case.
|
||||
|
||||
(3) In a special court-martial, the military judge shall impanel four members.
|
||||
|
||||
(c) Alternate Members.— In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
|
||||
|
||||
(d) Detail of New Members.— (1) If, after members are impaneled, the membership of the court-martial is reduced to—
|
||||
|
||||
(A) fewer than 12 members with respect to a general court-martial in a capital case;
|
||||
|
||||
(B) fewer than six members with respect to a general court-martial in a noncapital case; or
|
||||
|
||||
(C) fewer than four members with respect to a special court-martial;
|
||||
|
||||
the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph (2).
|
||||
|
||||
(2) The membership referred to in paragraph (1) is as follows:
|
||||
|
||||
(A) 12 members with respect to a general court-martial in a capital case.
|
||||
|
||||
(B) At least six but not more than eight members with respect to a general court-martial in a noncapital case.
|
||||
|
||||
(C) Four members with respect to a special court-martial.
|
||||
|
||||
(e) Detail of New Military Judge.— If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.
|
||||
|
||||
(f) Evidence.— (1) In the case of new members under subsection (d), the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides.
|
||||
|
||||
(2) In the case of a new military judge under subsection (e), the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 90–632, § 2(11), Oct. 24, 1968, 82 Stat. 1337; Pub. L. 98–209, § 3(d), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 107–107, div. A, title V, § 582(c), Dec. 28, 2001, 115 Stat. 1124; Pub. L. 114–328, div. E, title LV, § 5187, Dec. 23, 2016, 130 Stat. 2902.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 829(a)829(b)50:593(a).50:593(b).May 5, 1950, ch. 169, § 1 (Art. 29), 64 Stat. 117. 829(c)50:593(c). In subsections (a), (b), and (c), the word “may” is substituted for the word “shall”. In subsections (b) and (c), the word “details” is substituted for the word “appoints”, since the filling of the position involved is not appointment to an office in the constitutional sense.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to absent and additional members of a general or special court-martial. 2001—Subsec. (b). Pub. L. 107–107 designated existing provisions as par. (1), substituted “the applicable minimum number of members” for “five members” in two places, and added par. (2). 1983—Subsec. (a). Pub. L. 98–209 substituted “unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause” for “except for physical disability or as a result of a challenge or by order of the convening authority for good cause”. 1968—Subsec. (a). Pub. L. 90–632, § 2(11)(A), substituted “court has been assembled for the trial of the accused” for “accused has been arraigned”. Subsec. (b). Pub. L. 90–632, § 2(11)(B), inserted reference to court-martial composed of a military judge alone, struck out reference to oath of members, and inserted provisions requiring that only the evidence which has been introduced before members of the court be read to the court and that all evidence, not merely testimony, be included. Subsec. (c). Pub. L. 90–632, § 2(11)(C), inserted reference to court-martial composed of a military judge alone, struck out reference to oath of members, and substituted evidence previously introduced for testimony of previously examined witnesses as the body of evidence which the verbatim record must cover. Subsec. (d) Pub. L. 90–632, § 2(11)(D), added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2001 AmendmentAmendment by Pub. L. 107–107 applicable with respect to offenses committed after Dec. 31, 2002, see section 582(d) of Pub. L. 107–107, set out as a note under section 816 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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||||
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||||
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|
||||
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||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 830 - Art. 30. Charges and specifications
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Charges and specifications—
|
||||
|
||||
(1) may be preferred only by a person subject to this chapter; and
|
||||
|
||||
(2) shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.
|
||||
|
||||
(b) Required Content.— The writing under subsection (a) shall state that—
|
||||
|
||||
(1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and
|
||||
|
||||
(2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.
|
||||
|
||||
(c) Duty of Proper Authority.— When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable—
|
||||
|
||||
(1) inform the person accused of the charges and specifications; and
|
||||
|
||||
(2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 114–328, div. E, title LVI, § 5201, Dec. 23, 2016, 130 Stat. 2904.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 830(a)830(b)50:601(a).50:601(b).May 5, 1950, ch. 169, § 1 (Art. 30), 64 Stat. 118. In subsection (a), the word “they” is substituted for the words “the same”. The word “commissioned” is inserted for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state— “(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and “(2) that they are true in fact to the best of his knowledge and belief. “(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Timely Disposition of Nonprosecutable Sex-Related OffensesPub. L. 116–92, div. A, title V, § 540C, Dec. 20, 2019, 133 Stat. 1366, provided that: “(a) Policy Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses. “(b) Nonprosecutable Sex-related Offense Defined.—In this section, the term ‘nonprosecutable sex-related offense’ means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), due to a determination that there is insufficient evidence to support prosecution of the sex-related offense.”
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 830a - Art. 30a. Proceedings conducted before referral
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:
|
||||
|
||||
(A) Pre-referral investigative subpoenas.
|
||||
|
||||
(B) Pre-referral warrants or orders for electronic communications.
|
||||
|
||||
(C) Pre-referral matters referred by an appellate court.
|
||||
|
||||
(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).
|
||||
|
||||
(E) Pre-referral matters relating to the following:
|
||||
|
||||
(i) Pre-trial confinement of an accused.
|
||||
|
||||
(ii) The mental capacity or mental responsibility of an accused.
|
||||
|
||||
(iii) A request for an individual military counsel.
|
||||
|
||||
(2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—
|
||||
|
||||
(A) set forth the matters that a military judge may rule upon in such proceedings;
|
||||
|
||||
(B) include procedures for the review of such rulings;
|
||||
|
||||
(C) include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and
|
||||
|
||||
(D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
|
||||
|
||||
(3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
|
||||
|
||||
(b) Detail of Military Judge.— The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1).
|
||||
|
||||
(c) Discretion to Designate Magistrate to Preside.— In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.
|
||||
|
||||
(Added Pub. L. 114–328, div. E, title LVI, § 5202, Dec. 23, 2016, 130 Stat. 2904; amended Pub. L. 115–91, div. A, title V, § 531(b), Dec. 12, 2017, 131 Stat. 1384; Pub. L. 116–92, div. A, title V, § 531(a), (b)(1), Dec. 20, 2019, 133 Stat. 1359.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Pub. L. 116–92, § 531(b)(1), substituted “Proceedings conducted before referral” for “Certain proceedings conducted before referral” in section catchline. Subsec. (a)(1), (2). Pub. L. 116–92, § 531(a), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations prescribed by the President: “(A) Pre-referral investigative subpoenas. “(B) Pre-referral warrants or orders for electronic communications. “(C) Pre-referral matters referred by an appellate court. “(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b). “(2) The regulations prescribed under paragraph (1) shall— “(A) include procedures for the review of such rulings that may be ordered under this section as the President considers appropriate; and “(B) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.” 2017—Subsec. (a)(1). Pub. L. 115–91, § 531(b)(1), inserted “, or otherwise act on,” after “to review” in introductory provisions. Subsec. (a)(1)(D). Pub. L. 115–91, § 531(b)(2), added subpar. (D).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after this section takes effect as provided for in section 5542 of Pub. L. 114–328 (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective DateSection effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 831"
|
||||
description: "Art. 31. Compulsory self-incrimination prohibited"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 831 - Art. 31. Compulsory self-incrimination prohibited
|
||||
|
||||
## Text
|
||||
|
||||
(a) No person subject to this chapter may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
|
||||
|
||||
(b) No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
|
||||
|
||||
(c) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
|
||||
|
||||
(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 48.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 831(a)831(b)50:602(a).50:602(b).May 5, 1950, ch. 169, § 1 (Art 31), 64 Stat. 118. 831(c)50:602(c). 831(d)50:602(d). The word “may” is substituted for the word “shall” throughout the revised section.
|
||||
@@ -0,0 +1,119 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 832"
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 832"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 832 - Art. 32. Preliminary hearing required before referral to general court-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) (A) Except as provided in subparagraph (B), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer detailed in accordance with subparagraph (C).
|
||||
|
||||
(B) Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written waiver to—
|
||||
|
||||
(i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and
|
||||
|
||||
(ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required.
|
||||
|
||||
(C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer.
|
||||
|
||||
(ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.
|
||||
|
||||
(2) The purpose of the preliminary hearing shall be limited to determining the following:
|
||||
|
||||
(A) Whether or not the specification alleges an offense under this chapter.
|
||||
|
||||
(B) Whether or not there is probable cause to believe that the accused committed the offense charged.
|
||||
|
||||
(C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense.
|
||||
|
||||
(D) A recommendation as to the disposition that should be made of the case.
|
||||
|
||||
(b) Hearing Officer.— (1) A preliminary hearing under this section shall be conducted by an impartial hearing officer, who—
|
||||
|
||||
(A) whenever practicable, shall be a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)); or
|
||||
|
||||
(B) when it is not practicable to appoint a judge advocate because of exceptional circumstances, is not a judge advocate so certified.
|
||||
|
||||
(2) In the case of a hearing officer under paragraph (1)(B), a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)) shall be available to provide legal advice to the hearing officer.
|
||||
|
||||
(3) Whenever practicable, the hearing officer shall be equal in grade or senior in grade to military counsel who are detailed to represent the accused or the Government at the preliminary hearing.
|
||||
|
||||
(c) Report to Convening Authority or Special Trial Counsel.— After a preliminary hearing under this section, the hearing officer shall submit to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel, a written report (accompanied by a recording of the preliminary hearing under subsection (e)) that includes the following:
|
||||
|
||||
(1) For each specification, a statement of the reasoning and conclusions of the hearing officer with respect to determinations under subsection (a)(2), including a summary of relevant witness testimony and documentary evidence presented at the hearing and any observations of the hearing officer concerning the testimony of witnesses and the availability and admissibility of evidence at trial.
|
||||
|
||||
(2) Recommendations for any necessary modifications to the form of the charges or specifications.
|
||||
|
||||
(3) An analysis of any additional information submitted after the hearing by the parties or by a victim of an offense, that, under such rules as the President may prescribe, is relevant to disposition under sections 830 and 834 of this title (articles 30 and 34).
|
||||
|
||||
(4) A statement of action taken on evidence adduced with respect to uncharged offenses, as described in subsection (f).
|
||||
|
||||
(d) Rights of Accused and Victim.— (1) The accused shall be advised of the charges against the accused and of the accused’s right to be represented by counsel at the preliminary hearing under this section. The accused has the right to be represented at the preliminary hearing as provided in section 838 of this title (article 38) and in regulations prescribed under that section.
|
||||
|
||||
(2) The accused may cross-examine witnesses who testify at the preliminary hearing and present additional evidence that is relevant to the issues for determination under subsection (a)(2).
|
||||
|
||||
(3) A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing. A declination under this paragraph shall not serve as the sole basis for ordering a deposition under section 849 of this title (article 49).
|
||||
|
||||
(4) The presentation of evidence and examination (including cross-examination) of witnesses at a preliminary hearing shall be limited to the matters relevant to determinations under subsection (a)(2).
|
||||
|
||||
(e) Recording of Preliminary Hearing.— A preliminary hearing under subsection (a) shall be recorded by a suitable recording device. The victim may request the recording and shall have access to the recording under such rules as the President may prescribe.
|
||||
|
||||
(f) Effect of Evidence of Uncharged Offense.— If evidence adduced in a preliminary hearing under subsection (a) indicates that the accused committed an uncharged offense, the hearing officer may consider the subject matter of that offense without the accused having first been charged with the offense if the accused—
|
||||
|
||||
(1) is present at the preliminary hearing;
|
||||
|
||||
(2) is informed of the nature of each uncharged offense considered; and
|
||||
|
||||
(3) is afforded the opportunities for representation, cross-examination, and presentation consistent with subsection (d).
|
||||
|
||||
(g) Effect of Violation.— The requirements of this section are binding on all persons administering this chapter, but failure to follow the requirements does not constitute jurisdictional error. A defect in a report under subsection (c) is not a basis for relief if the report is in substantial compliance with that subsection.
|
||||
|
||||
(h) Victim Defined.— In this section, the term “victim” means a person who—
|
||||
|
||||
(1) is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered; and
|
||||
|
||||
(2) is named in one of the specifications.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 48; Pub. L. 97–81, § 4(a), Nov. 20, 1981, 95 Stat. 1088; Pub. L. 104–106, div. A, title XI, § 1131, Feb. 10, 1996, 110 Stat. 464; Pub. L. 113–66, div. A, title XVII, § 1702(a)(1), Dec. 26, 2013, 127 Stat. 954; Pub. L. 113–291, div. A, title V, § 531(a)(4)(A), Dec. 19, 2014, 128 Stat. 3363; Pub. L. 114–328, div. E, title LVI, § 5203(a)–(d), Dec. 23, 2016, 130 Stat. 2905, 2906; Pub. L. 117–81, div. A, title V, § 536, Dec. 27, 2021, 135 Stat. 1696.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 832(a)832(b)50:603(a).50:603(b).May 5, 1950, ch. 169, § 1 (Art. 32), 64 Stat. 118. 832(c)50:603(c). 832(d)50:603(d). In subsection (a), the word “may” is substituted for the word “shall”. The words “consideration of the” and “a recommendation as to” are inserted in the interest of accuracy and precision of statement. In subsection (b), the word “detailed” is substituted for the word “appointed”, since the filling of the position involved is not appointment to an office in the constitutional sense. In subsection (c), the word “before” is substituted for the words “prior to the time”. The words “of this section” are omitted as surplusage. In subsection (d), the word “are” is substituted for the words “shall be.” The word “does” is substituted for the words “in any case shall”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (a)(1)(A). Pub. L. 117–81, § 536(a)(1), substituted “hearing officer detailed in accordance with subparagraph (C).” for “hearing officer, detailed by the convening authority in accordance with subsection (b).” Subsec. (a)(1)(B). Pub. L. 117–81, § 536(a)(2), substituted “written waiver to—” and cls. (i) and (ii) for “written waiver to the convening authority and the convening authority determines that a hearing is not required.” Subsec. (a)(1)(C). Pub. L. 117–81, § 536(a)(3), added subpar. (C). Subsec. (c). Pub. L. 117–81, § 536(b), inserted “or Special Trial Counsel” after “Convening Authority” in heading and substituted “to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel,” for “to the convening authority” in introductory provisions. 2016—Pub. L. 114–328, § 5203(a), substituted “Preliminary hearing required before referral to general court-martial” for “Preliminary hearing” in section catchline. Subsecs. (a) to (c). Pub. L. 114–328, § 5203(a), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which related to requirement of preliminary hearing, hearing officer, and report of hearing results, respectively. Subsec. (d)(1). Pub. L. 114–328, § 5203(b)(1), substituted “this section” for “subsection (a)”. Subsec. (d)(2). Pub. L. 114–328, § 5203(b)(2), substituted “that is relevant to the issues for determination under subsection (a)(2).” for “in defense and mitigation, relevant to the limited purposes of the hearing, as provided for in paragraph (4) and subsection (a)(2).” Subsec. (d)(3). Pub. L. 114–328, § 5203(b)(3), inserted at end “A declination under this paragraph shall not serve as the sole basis for ordering a deposition under section 849 of this title (article 49).” Subsec. (d)(4). Pub. L. 114–328, § 5203(b)(4), substituted “determinations under subsection (a)(2)” for “the limited purposes of the hearing, as provided in subsection (a)(2)”. Subsec. (e). Pub. L. 114–328, § 5203(c), substituted “under such rules as the President may prescribe” for “as prescribed by the Manual for Courts-Martial”. Subsec. (g). Pub. L. 114–328, § 5203(d), inserted at end “A defect in a report under subsection (c) is not a basis for relief if the report is in substantial compliance with that subsection.” 2014—Subsec. (a)(1). Pub. L. 113–291 inserted “, unless such hearing is waived by the accused” after “preliminary hearing”. 2013—Pub. L. 113–66 substituted “Preliminary hearing” for “Investigation” in section catchline and amended text generally. Prior to amendment, section provided that no charge or specification may be referred to general court-martial for trial until thorough and impartial investigation of all the matters had been made. 1996—Subsecs. (d), (e). Pub. L. 104–106 added subsec. (d) and redesignated former subsec. (d) as (e). 1981—Subsec. (b). Pub. L. 97–81 substituted “The accused has the right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section” for “Upon his own request he shall be represented by civilian counsel if provided by him, or military counsel of his own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2013 AmendmentAmendment by Pub. L. 113–66 effective on the later of Dec. 26, 2014, or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Dec. 19, 2014) and applicable with respect to preliminary hearings conducted on or after that effective date, see section 1702(d)(1) of Pub. L. 113–66, set out as a note under section 802 of this title.
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment by Pub. L. 97–81 to take effect at end of 60-day period beginning on Nov. 20, 1981, and to apply with respect to investigations under this section that begin on or after that date, see section 7(a) and (b)(3) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
text_hash: "1a2bf89836afbde9ed0b4f645d42fd40f571ef95973ac9c65d5cd7fd5fa07425"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 833 - Art. 33. Disposition guidance
|
||||
|
||||
## Text
|
||||
|
||||
The President shall direct the Secretary of Defense to issue, in consultation with the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, non-binding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under sections 830 and 834 of this title (articles 30 and 34). Such guidance shall take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the Attorney General to attorneys for the Government with respect to disposition of Federal criminal cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 114–328, div. E, title LVI, § 5204, Dec. 23, 2016, 130 Stat. 2906.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 83350:604.May 5, 1950, ch. 169, § 1 (Art. 33), 64 Stat. 119.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "835"
|
||||
citation: "10 U.S.C. § 835"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 835 - Art. 35. Service of charges; commencement of trial
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Trial counsel detailed for a court-martial under section 827 of this title (article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial.
|
||||
|
||||
(b) Commencement of Trial.— (1) Subject to paragraphs (2) and (3), no trial or other proceeding of a general court-martial or a special court-martial (including any session under section 839(a) of this title (article 39(a)) may be held over the objection of the accused—
|
||||
|
||||
(A) with respect to a general court-martial, from the time of service through the fifth day after the date of service; or
|
||||
|
||||
(B) with respect to a special court-martial, from the time of service through the third day after the date of service.
|
||||
|
||||
(2) An objection under paragraph (1) may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under paragraph (1)(A) or (1)(B). If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this subsection.
|
||||
|
||||
(3) This subsection shall not apply in time of war.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 90–632, § 2(12), Oct. 24, 1968, 82 Stat. 1337; Pub. L. 114–328, div. E, title LVI, § 5206, Dec. 23, 2016, 130 Stat. 2908.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 83550:606.May 5, 1950, ch. 169, § 1 (Art. 35), 64 Stat. 119. The word “may” is substituted for the word “shall”. The word “after” is substituted for the words “subsequent to”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his objection, be brought to trial, or be required to participate by himself or counsel in a session called by the military judge under section 839(a) of this title (article 39(a)), in a general court-martial case within a period of five days after the service of charges upon him, or in a special court-martial case within a period of three days after the service of charges upon him.” 1968—Pub. L. 90–632 inserted reference to a session called by the military judge under section 839(a) of this title (article 39(a)).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
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|
||||
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||||
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|
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|
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||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 836 - Art. 36. President may prescribe rules
|
||||
|
||||
## Text
|
||||
|
||||
(a) Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not, except as provided in chapter 47A of this title, be contrary to or inconsistent with this chapter.
|
||||
|
||||
(b) All rules and regulations made under this article shall be uniform insofar as practicable, except insofar as applicable to military commissions established under chapter 47A of this title.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 96–107, title VIII, § 801(b), Nov. 9, 1979, 93 Stat. 811; Pub. L. 101–510, div. A, title XIII, § 1301(4), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 109–366, § 4(a)(3), Oct. 17, 2006, 120 Stat. 2631.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 836(a)836(b)50:611(a).50:611(b).May 5, 1950, ch. 169, § 1 (Art. 36), 64 Stat. 120. In subsection (a), the word “considers” is substituted for the word “deems”. The word “may” is substituted for the word “shall”. In subsection (b), the word “under” is substituted for the words “in pursuance of”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Subsec. (a). Pub. L. 109–366, § 4(a)(3)(A), inserted “, except as provided in chapter 47A of this title,” after “but which may not”. Subsec. (b). Pub. L. 109–366, § 4(a)(3)(B), inserted before period at end “, except insofar as applicable to military commissions established under chapter 47A of this title”. 1990—Subsec. (b). Pub. L. 101–510 struck out “and shall be reported to Congress” after “as practicable”. 1979—Subsec. (a). Pub. L. 96–107 substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals.
|
||||
@@ -0,0 +1,77 @@
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 837 - Art. 37. Command influence
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) No court-martial convening authority, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding.
|
||||
|
||||
(2) No court-martial convening authority, nor any other commanding officer, may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial. The denial of a request to travel at government expense or refusal to make a witness available shall not by itself constitute unlawful command influence.
|
||||
|
||||
(3) No person subject to this chapter may attempt to coerce or, by any unauthorized means, attempt to influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority or preliminary hearing officer with respect to such acts taken pursuant to this chapter as prescribed by the President.
|
||||
|
||||
(4) Conduct that does not constitute a violation of paragraphs (1) through (3) may include, for example—
|
||||
|
||||
(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing persons on the substantive and procedural aspects of courts-martial;
|
||||
|
||||
(B) statements regarding criminal activity or a particular criminal offense that do not advocate a particular disposition, or a particular court-martial finding or sentence, or do not relate to a particular accused; or
|
||||
|
||||
(C) statements and instructions given in open court by the military judge or counsel.
|
||||
|
||||
(5) (A) Notwithstanding paragraphs (1) through (3), but subject to subparagraph (B)—
|
||||
|
||||
(i) a superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of this chapter with a subordinate convening authority or officer; and
|
||||
|
||||
(ii) a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under this chapter.
|
||||
|
||||
(B) No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer.
|
||||
|
||||
(b) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member as a member of a court-martial, or (2) give a less favorable rating or evaluation of any member of the armed forces because of the zeal with which such member, as counsel, represented any person in a court-martial proceeding.
|
||||
|
||||
(c) No finding or sentence of a court-martial may be held incorrect on the ground of a violation of this section unless the violation materially prejudices the substantial rights of the accused.
|
||||
|
||||
(d) (1) A superior convening authority or commanding officer may withhold the authority of a subordinate convening authority or officer to dispose of offenses in individual cases, types of cases, or generally.
|
||||
|
||||
(2) Except as provided in paragraph (1) or as otherwise authorized by this chapter, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 90–632, § 2(13), Oct. 24, 1968, 82 Stat. 1338; Pub. L. 116–92, div. A, title V, § 532(a), Dec. 20, 2019, 133 Stat. 1359.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 83750:612.May 5, 1950, ch. 169, § 1 (Art. 37), 64 Stat. 120. The word “may” is substituted for the word “shall”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Pub. L. 116–92, § 532(a)(1), substituted “Command influence” for “Unlawfully influencing action of court” in section catchline. Subsec. (a). Pub. L. 116–92, § 532(a)(2), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.” Subsec. (b). Pub. L. 116–92, § 532(a)(3), substituted “advanced in grade” for “advanced, in grade” and “person in a court-martial proceeding” for “accused before a court-martial”. Subsecs. (c), (d). Pub. L. 116–92, § 532(a)(4), added subsecs. (c) and (d). 1968—Pub. L. 90–632 designated existing provisions as subsec. (a), substituted “military judge” for “law officer”, inserted provisions specifically exempting instructional or general informational lectures on military justice and statements and instructions given in open court by the military judge, president of a special court-martial, or counsel from prohibitions of subsec. (a), and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2019 AmendmentPub. L. 116–92, div. A, title V, § 532(c), Dec. 20, 2019, 133 Stat. 1361, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 20, 2019] and shall apply with respect to violations of section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), committed on or after such date.”
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,91 @@
|
||||
---
|
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 838 - Art. 38. Duties of trial counsel and defense counsel
|
||||
|
||||
## Text
|
||||
|
||||
(a) The trial counsel of a general or special court-martial shall prosecute in the name of the United States, and shall, under the direction of the court, prepare the record of the proceedings.
|
||||
|
||||
(b) (1) The accused has the right to be represented in his defense before a general or special court-martial or at a preliminary hearing under section 832 of this title (article 32) as provided in this subsection.
|
||||
|
||||
(2) The accused may be represented by civilian counsel if provided by him.
|
||||
|
||||
(3) The accused may be represented—
|
||||
|
||||
(A) by military counsel detailed under section 827 of this title (article 27); or
|
||||
|
||||
(B) by military counsel of his own selection if that counsel is reasonably available (as determined under regulations prescribed under paragraph (7)).
|
||||
|
||||
(4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused.
|
||||
|
||||
(5) Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) shall be excused.
|
||||
|
||||
(6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 827 of this title (article 27) to detail counsel, in his sole discretion—
|
||||
|
||||
(A) may detail additional military counsel as assistant defense counsel; and
|
||||
|
||||
(B) if the accused is represented by military counsel of his own selection under paragraph (3)(B), may approve a request from the accused that military counsel detailed under paragraph (3)(A) act as associate defense counsel.
|
||||
|
||||
(7) The Secretary concerned shall, by regulation, define “reasonably available” for the purpose of paragraph (3)(B) and establish procedures for determining whether the military counsel selected by an accused under that paragraph is reasonably available. Such regulations may not prescribe any limitation based on the reasonable availability of counsel solely on the grounds that the counsel selected by the accused is from an armed force other than the armed force of which the accused is a member. To the maximum extent practicable, such regulations shall establish uniform policies among the armed forces while recognizing the differences in the circumstances and needs of the various armed forces. The Secretary concerned shall submit copies of regulations prescribed under this paragraph to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
|
||||
|
||||
(c) In any court-martial proceeding resulting in a conviction, the defense counsel—
|
||||
|
||||
(1) may forward for attachment to the record of proceedings a brief of such matters as he determines should be considered in behalf of the accused on review (including any objection to the contents of the record which he considers appropriate);
|
||||
|
||||
(2) may assist the accused in the submission of any matter under section 860, 860a, or 860b of this title (article 60, 60a, or 60b); and
|
||||
|
||||
(3) may take other action authorized by this chapter.
|
||||
|
||||
(d) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by section 827 of this title (article 27), perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
|
||||
|
||||
(e) An assistant defense counsel of a general or special court-martial may perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 90–632, § 2(14), Oct. 24, 1968, 82 Stat. 1338; Pub. L. 97–81, § 4(b), Nov. 20, 1981, 95 Stat. 1088; Pub. L. 98–209, § 3(e), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(C), Dec. 26, 2013, 127 Stat. 957; Pub. L. 114–328, div. E, title LVII, § 5221, Dec. 23, 2016, 130 Stat. 2909; Pub. L. 115–91, div. A, title V, § 531(c), Dec. 12, 2017, 131 Stat. 1384.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 838(a)838(b)838(c)50:613(a).50:613(b).50:613(c).May 5, 1950, ch. 169, § 1 (Art. 38), 64 Stat. 120. 838(d)50:613(d). 838(e)50:613(e). In subsection (b), the word “has” is substituted for the words “shall have”. The word “under” is substituted for the words “pursuant to”. The word “duly” is omitted as surplusage. The words “detailed” and “who were detailed” are substituted for the word “appointed”, since the filling of the position involved is not appointment to an office in the constitutional sense. In subsection (c), the word “considers” is substituted for the words “may deem”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (c)(2). Pub. L. 115–91 substituted “section 860, 860a, or 860b of this title (article 60, 60a, or 60b)” for “section 860 of this title (article 60)”. 2016—Subsec. (e). Pub. L. 114–328 struck out “, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by section 827 of this title (article 27),” after “court-martial may”. 2013—Subsec. (b)(1). Pub. L. 113–66 substituted “a preliminary hearing under section 832” for “an investigation under section 832”. 1999—Subsec. (b)(7). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (b)(7). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”. 1983—Subsec. (b)(6). Pub. L. 98–209, § 3(e)(1), substituted “the person authorized under regulations prescribed under section 827 of this title (article 27) to detail counsel” for “a convening authority”. Subsec. (b)(7). Pub. L. 98–209, § 3(e)(2), inserted provision that such regulations may not prescribe any limitation based on the reasonable availability of counsel solely on the grounds that the counsel selected by the accused is from an armed force other than the armed force of which the accused is a member. Subsec. (c). Pub. L. 98–209, § 3(e)(3), designated existing provisions as par. (1), made minor changes in phraseology and punctuation, and added pars. (2) and (3). 1981—Subsec. (b). Pub. L. 97–81 revised subsec. (b) by dividing its provisions into seven numbered paragraphs and inserted provisions relating to the right to counsel at an investigation under section 832 of this title (article 32), authorizing the promulgation of regulations relating to the “reasonable availability” of military counsel, and authorizing the detailing of additional military counsel for the accused under specified circumstances. 1968—Subsec. (b). Pub. L. 90–632 substituted “military judge or by the president of a court-martial without a military judge” for “president of the court”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2013 AmendmentAmendment by Pub. L. 113–66 effective on the later of Dec. 26, 2014, or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Dec. 19, 2014) and applicable with respect to preliminary hearings conducted on or after that effective date, see section 1702(d)(1) of Pub. L. 113–66, set out as a note under section 802 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month after Dec. 6, 1983, but not to affect the designation or detail of a military judge or military counsel to a court-martial before that date, see section 12(a)(1), (2) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment by Pub. L. 97–81 to take effect at end of 60-day period beginning on Nov. 20, 1981, and to apply to trials by courts-martial in which all charges are referred to trial on or after that date, see section 7(a) and (b)(4) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective on first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 839"
|
||||
description: "Art. 39. Sessions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "839"
|
||||
citation: "10 U.S.C. § 839"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s839"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "6e8e5456aa6f7bc5814d14921e7c611c815ff266060e04b55b4c7be617386fd4"
|
||||
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|
||||
text_hash: "28cec04e74c95423334c2b6920d561efcf02d2dacccadb0083d13e87c6ac11f1"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 839 - Art. 39. Sessions
|
||||
|
||||
## Text
|
||||
|
||||
(a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of—
|
||||
|
||||
(1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
|
||||
|
||||
(2) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
|
||||
|
||||
(3) holding the arraignment and receiving the pleas of the accused;
|
||||
|
||||
(4) conducting a sentencing proceeding and sentencing the accused under section 853(b)(1) of this title (article 53(b)(1)); and
|
||||
|
||||
(5) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.
|
||||
|
||||
(b) Proceedings under subsection (a) shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29). If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as videoteleconferencing technology).
|
||||
|
||||
(c) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
|
||||
|
||||
(d) The findings, holdings, interpretations, and other precedents of military commissions under chapter 47A of this title—
|
||||
|
||||
(1) may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under this chapter; and
|
||||
|
||||
(2) may not form the basis of any holding, decision, or other determination of a court-martial.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(15), Oct. 24, 1968, 82 Stat. 1338; Pub. L. 101–510, div. A, title V, § 541(a), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 109–163, div. A, title V, § 556, Jan. 6, 2006, 119 Stat. 3266; Pub. L. 111–84, div. A, title XVIII, § 1803(a)(2), Oct. 28, 2009, 123 Stat. 2612; Pub. L. 114–328, div. E, title LVII, § 5222, Dec. 23, 2016, 130 Stat. 2909; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(D), Dec. 12, 2017, 131 Stat. 1598.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 83950:614.May 5, 1950, ch. 169, § 1 (Art. 39), 64 Stat. 121. The word “When” is substituted for the word “Whenever”. The words “deliberates or votes” are substituted for the words “is to deliberate or vote”. The word “may” is substituted for the word “shall”. The word “shall” is inserted before the words “be in the presence” for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (a)(4). Pub. L. 115–91 substituted “under section 853(b)(1) of this title (article 53(b)(1))” for “in non-capital cases unless the accused requests sentencing by members under section 825 of this title (article 25)”. 2016—Subsec. (a)(3). Pub. L. 114–328, § 5222(1)(A), struck out “if permitted by regulations of the Secretary concerned,” before “holding” and “and” after “accused;”. Subsec. (a)(4), (5). Pub. L. 114–328, § 5222(1)(B), (C), added par. (4) and redesignated former par. (4) as (5). Subsec. (c). Pub. L. 114–328, § 5222(2), struck out “, in cases in which a military judge has been detailed to the court,” after “the trial counsel, and”. 2009—Subsec. (d). Pub. L. 111–84 added subsec. (d). 2006—Pub. L. 109–163 redesignated concluding provisions of subsec. (a) as subsec. (b), substituted “Proceedings under subsection (a) shall be conducted” for “These proceedings shall be conducted”, inserted at end “If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as videoteleconferencing technology).”, and redesignated former subsec. (b) as (c). 1990—Subsec. (a). Pub. L. 101–510 inserted at end “These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29).” 1968—Pub. L. 90–632 added subsec. (a), designated existing provisions as subsec. (b), substituted “military judge” for “law officer”, and struck out provisions authorizing the court after voting on the findings in a general court-martial to request the law officer and the reporter to appear before the court to put the findings in proper form.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–510, div. A, title V, § 541(e), Nov. 5, 1990, 104 Stat. 1565, provided that: “The amendments made by subsections (a) through (d) [amending this section and section 841 of this title] shall apply only to a court-martial convened on or after the date of the enactment of this Act [Nov. 5, 1990].”
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 840"
|
||||
description: "Art. 40. Continuances"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "840"
|
||||
citation: "10 U.S.C. § 840"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s840"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "7be25ca1c435cf50d910af22a7d8812b7be45153045e90241d4608d861b11e19"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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||||
text_hash: "33e556bc3cc5813bddc52e2e3c24cbb2a08a71939c7b722e3e57c22de757d750"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 840 - Art. 40. Continuances
|
||||
|
||||
## Text
|
||||
|
||||
The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(16), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 114–328, div. E, title LVII, § 5223, Dec. 23, 2016, 130 Stat. 2909.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 84050:615.May 5, 1950, ch. 169, § 1 (Art. 40), 64 Stat. 121.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 substituted “summary court-martial” for “court-martial without a military judge”. 1968—Pub. L. 90–632 inserted reference to military judge.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 841"
|
||||
description: "Art. 41. Challenges"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "841"
|
||||
citation: "10 U.S.C. § 841"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s841"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
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source_hash: "c725d0da2827463f03027ad74df48dc2676f357de788b01625be605b9ff3dcb7"
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text_hash: "8d4be3f7e4aae05c93f708f66b2dadde4296e0dff4c265986908d54d4056e6ff"
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 841 - Art. 41. Challenges
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
|
||||
|
||||
(2) If exercise of a challenge for cause reduces the court below the number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.
|
||||
|
||||
(b) (1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.
|
||||
|
||||
(2) If exercise of a peremptory challenge reduces the court below the number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.
|
||||
|
||||
(c) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(17), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 101–510, div. A, title V, § 541(b)–(d), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 111–383, div. A, title X, § 1075(b)(13), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 114–328, div. E, title LVII, § 5224, Dec. 23, 2016, 130 Stat. 2909.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 841(a)841(b)50:616(a).50:616(b).May 5, 1950, ch. 169, § 1 (Art. 41), 64 Stat. 121. In subsection (a), the word “may” is substituted for the word “shall” before the words “not receive”. In subsection (b), the word “the” is inserted before the word “trial”. The word “is” is substituted for the words “shall be”. The word “may” is substituted for the word “shall”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (a)(1). Pub. L. 114–328, § 5224(1), struck out “, or, if none, the court,” before “shall determine”. Subsec. (a)(2). Pub. L. 114–328, § 5224(2), struck out “minimum” after “below the”. Subsec. (b)(2). Pub. L. 114–328, § 5224(3), struck out “minimum” after “below the”. 2011—Subsec. (c). Pub. L. 111–383 substituted “trial counsel” for “trail counsel”. 1990—Subsec. (a). Pub. L. 101–510, § 541(b), designated existing provision as par. (1) and added par. (2). Subsec. (b). Pub. L. 101–510, § 541(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.” Subsec. (c). Pub. L. 101–510, § 541(d), added subsec. (c). 1968—Subsec. (a). Pub. L. 90–632, § 2(17)(A), (B), inserted reference to the military judge and struck out references to the law officer of a general court-martial. Subsec. (b). Pub. L. 90–632, § 2(17)(C), substituted “military judge” for “law officer”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–510 applicable only to court-martial convened on or after Nov. 5, 1990, see section 541(e) of Pub. L. 101–510, set out as a note under section 839 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 842"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "842"
|
||||
citation: "10 U.S.C. § 842"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 842 - Art. 42. Oaths
|
||||
|
||||
## Text
|
||||
|
||||
(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.
|
||||
|
||||
(b) Each witness before a court-martial shall be examined on oath.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(18), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 98–209, §§ 2(e), 3(f), Dec. 6, 1983, 97 Stat. 1393, 1395.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 842(a)842(b)50:617(a).50:617(b).May 5, 1950, ch. 169, § 1 (Art. 42), 64 Stat. 121. In subsection (a), the word “all” and the word “the” before the words “members”, “trial”, “defense”, and “reporter” are omitted as surplusage. In subsections (a) and (b), the words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of Title 1. In subsection (b), the words “Each witness” are substituted for the words “All witnesses”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1983—Subsec. (a). Pub. L. 98–209 struck out “, law specialist,” after “judge advocate” in two places, substituted “assistant or associate defense counsel” for “assistant defense counsel”. 1968—Subsec. (a). Pub. L. 90–632 struck out requirement that the oath given to court-martial personnel be taken in the presence of the accused and provided that the form of the oath, the time and place of its taking, the manner of recording thereof, and whether the oath shall be taken for all cases or for a particular case shall be as prescribed by regulations of the Secretary concerned and contemplated secretarial regulations allowing the administration of an oath to certified legal personnel on a one-time basis.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 844"
|
||||
description: "Art. 44. Former jeopardy"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "844"
|
||||
citation: "10 U.S.C. § 844"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 844 - Art. 44. Former jeopardy
|
||||
|
||||
## Text
|
||||
|
||||
(a) No person may, without his consent, be tried a second time for the same offense.
|
||||
|
||||
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
|
||||
|
||||
(c) (1) A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—
|
||||
|
||||
(A) after introduction of evidence; and
|
||||
|
||||
(B) before announcement of findings under section 853 of this title (article 53);
|
||||
|
||||
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
|
||||
|
||||
(2) A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused—
|
||||
|
||||
(A) after the members, having taken an oath as members under section 842 of this title (article 42) and after completion of challenges under section 841 of this title (article 41), are impaneled; and
|
||||
|
||||
(B) before announcement of findings under section 853 of this title (article 53);
|
||||
|
||||
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 114–328, div. E, title LVII, § 5226, Dec. 23, 2016, 130 Stat. 2910; Pub. L. 117–81, div. A, title V, § 538, Dec. 27, 2021, 135 Stat. 1698.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 844(a)844(b)844(c)50:619(a).50:619(b).50:619(c).May 5, 1950, ch. 169, § 1 (Art. 44), 64 Stat. 122. In subsection (a), the word “may” is substituted for the word “shall”. In subsection (b), the word “is” is substituted for the words “shall be held to be”. In subsection (c), the word “after” is substituted for the words “subsequent to”. The word “before” is substituted for the words “prior to”. The word “is” is substituted for the words “shall be”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (c). Pub. L. 117–81 inserted “or the special trial counsel” after “the convening authority” in two places. 2016—Subsec. (c). Pub. L. 114–328 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 845 - Art. 45. Pleas of the accused
|
||||
|
||||
## Text
|
||||
|
||||
(a) Irregular and Similar Pleas.— If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
|
||||
|
||||
(b) Pleas of Guilty.— A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty is mandatory. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
|
||||
|
||||
(c) Harmless Error.— A variance from the requirements of this article is harmless error if the variance does not materially prejudice the substantial rights of the accused.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90–632, § 2(19), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 114–328, div. E, title LVII, § 5227, Dec. 23, 2016, 130 Stat. 2911.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 845(a)845(b)50:620(a).50:620(b).May 5, 1950, ch. 169, § 1 (Art. 45), 64 Stat. 122. In subsection (b), the word “may” is substituted for the word “shall”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (a). Pub. L. 114–328, § 5227(c)(1), inserted heading. Subsec. (b). Pub. L. 114–328, § 5227(c)(2), inserted heading. Pub. L. 114–328, § 5227(a), substituted “is mandatory” for “may be adjudged” and struck out “or by a court-martial without a military judge” after “by the military judge” and “, if permitted by regulations of the Secretary concerned,” after “charge or specification may”. Subsec. (c). Pub. L. 114–328, § 5227(b), added subsec. (c). 1968—Subsec. (a). Pub. L. 90–632, § 2(19)(A), substituted “after arraignment” for “arraigned before a court-martial”. Subsec. (b). Pub. L. 90–632, § 2(19)(B), inserted provisions covering the making and accepting of a guilty plea to charges or specifications other than charges and specifications alleging an offense for which the death penalty may be adjudged.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
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type: "LegalText"
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title: "10 U.S.C. § 846"
|
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|
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|
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|
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|
||||
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|
||||
citation: "10 U.S.C. § 846"
|
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|
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|
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|
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confidence: "official"
|
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tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 846 - Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) Opportunity To Obtain Witnesses and Other Evidence.— In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe.
|
||||
|
||||
(b) Subpoena and Other Process Generally.— Any subpoena or other process issued under this section (article)—
|
||||
|
||||
(1) shall be similar to that which courts of the United States having criminal jurisdiction may issue;
|
||||
|
||||
(2) shall be executed in accordance with regulations prescribed by the President; and
|
||||
|
||||
(3) shall run to any part of the United States and to the Commonwealths and possessions of the United States.
|
||||
|
||||
(c) Subpoena and Other Process for Witnesses.— A subpoena or other process may be issued to compel a witness to appear and testify—
|
||||
|
||||
(1) before a court-martial, military commission, or court of inquiry;
|
||||
|
||||
(2) at a deposition under section 849 of this title (article 49); or
|
||||
|
||||
(3) as otherwise authorized under this chapter.
|
||||
|
||||
(d) Subpoena and Other Process for Evidence.— (1) In general.— A subpoena or other process may be issued to compel the production of evidence—
|
||||
|
||||
(A) for a court-martial, military commission, or court of inquiry;
|
||||
|
||||
(B) for a deposition under section 849 of this title (article 49);
|
||||
|
||||
(C) for an investigation of an offense under this chapter; or
|
||||
|
||||
(D) as otherwise authorized under this chapter.
|
||||
|
||||
(2) Investigative subpoena.— An investigative subpoena under paragraph (1)(C) may be issued before referral of charges to a court-martial only if a general court-martial convening authority has authorized counsel for the Government to issue such a subpoena or a military judge issues such a subpoena pursuant to section 830a of this title (article 30a).
|
||||
|
||||
(3) Warrant or order for wire or electronic communications.— With respect to an investigation of an offense under this chapter, a military judge detailed in accordance with section 826 or 830a of this title (article 26 or 30a) may issue warrants or court orders for the contents of, and records concerning, wire or electronic communications in the same manner as such warrants and orders may be issued by a district court of the United States under chapter 121 of title 18, subject to such limitations as the President may prescribe by regulation.
|
||||
|
||||
(e) Request for Relief From Subpoena or Other Process.— If a person requests relief from a subpoena or other process under this section (article) on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military judge detailed in accordance with section 826 or 830a of this title (article 26 or 30a) shall review the request and shall—
|
||||
|
||||
(1) order that the subpoena or other process be modified or withdrawn, as appropriate; or
|
||||
|
||||
(2) order the person to comply with the subpoena or other process.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 109–163, div. A, title X, § 1057(a)(6), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 113–66, div. A, title XVII, § 1704, Dec. 26, 2013, 127 Stat. 958; Pub. L. 113–291, div. A, title V, § 531(b), Dec. 19, 2014, 128 Stat. 3363; Pub. L. 114–328, div. E, title LVII, § 5228(a), Dec. 23, 2016, 130 Stat. 2911.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 84650:621.May 5, 1950, ch. 169, § 1 (Art. 46), 64 Stat. 122. The word “Commonwealths” is inserted to reflect the present status of Puerto Rico.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328, § 5228(a)(5), amended section catchline generally, substituting “Opportunity to obtain witnesses and other evidence in trials by court-martial” for “Opportunity to obtain witnesses and other evidence”. Subsec. (a). Pub. L. 114–328, § 5228(a)(1), substituted “In a case referred for trial by court-martial, the trial counsel, the defense counsel,” for “The counsel for the Government, the counsel for the accused,”. Subsec. (b). Pub. L. 114–328, § 5228(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to request by counsel for accused to interview the victim of an alleged sex-related offense. Subsec. (c). Pub. L. 114–328, § 5228(a)(3), amended subsec. (c) generally. Prior to amendment, text read as follows: “Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Commonwealths and possessions.” Subsecs. (d), (e). Pub. L. 114–328, § 5228(a)(4), added subsecs. (d) and (e). 2014—Subsec. (a). Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the Government” for “trial counsel” and “counsel for the accused” for “defense counsel”. Subsec. (b). Pub. L. 113–291, § 531(b)(3)(A), which directed substitution of “Counsel for Accused” for “Defense Counsel” in heading of section, was executed by making the substitution in the heading of subsec. (b) to reflect the probable intent of Congress. Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the Government” for “trial counsel” and “counsel for the accused” for “defense counsel” wherever appearing. Subsec. (b)(1). Pub. L. 113–291, § 531(b)(1), substituted “through the Special Victims’ Counsel or other counsel for the victim, if applicable” for “through trial counsel”. 2013—Pub. L. 113–66 designated first sentence as subsec. (a) and second sentence as subsec. (c), inserted headings, and added subsec. (b). 2006—Pub. L. 109–163 substituted “Commonwealths and possessions” for “Territories, Commonwealths, and possessions”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 847 - Art. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Any person described in paragraph (2) who—
|
||||
|
||||
(A) willfully neglects or refuses to appear; or
|
||||
|
||||
(B) willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is required to produce;
|
||||
|
||||
is guilty of an offense against the United States.
|
||||
|
||||
(2) The persons referred to in paragraph (1) are the following:
|
||||
|
||||
(A) Any person not subject to this chapter who—
|
||||
|
||||
(i) is issued a subpoena or other process described in subsection (c) of section 846 of this title (article 46); and
|
||||
|
||||
(ii) is provided a means for reimbursement from the Government for fees and mileage at the rates allowed to witnesses attending the courts of the United States or, in the case of extraordinary hardship, is advanced such fees and mileage.
|
||||
|
||||
(B) Any person not subject to this chapter who is issued a subpoena or other process described in subsection (d) of section 846 of this title (article 46).
|
||||
|
||||
(b) Any person who commits an offense named in subsection (a) shall be tried on indictment or information in a United States district court or in a court of original criminal jurisdiction in any of the Commonwealths or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the court’s discretion.
|
||||
|
||||
(c) The United States attorney or the officer prosecuting for the United States in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, board, or convening authority, file an information against and prosecute any person violating this article.
|
||||
|
||||
(d) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041. 70A Stat. 53; Pub. L. 104–106, div. A, title XI, § 1111, Feb. 10, 1996, 110 Stat. 461; Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 112–81, div. A, title V, § 542(a), (b), Dec. 31, 2011, 125 Stat. 1411; Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(D), Dec. 26, 2013, 127 Stat. 958; Pub. L. 114–328, div. E, title LVII, § 5229, Dec. 23, 2016, 130 Stat. 2913.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 847(a)847(b)50:622(a).50:622(b).May 5, 1950, ch. 169, § 1 (Art. 47), 64 Stat. 123. 847(c)50:622(c). 847(d)50:622(d). In subsection (a), the word “Any” is substituted for the word “Every”. The word “is” is substituted for the words “shall be deemed”. In subsection (b), the words “named in subsection (a)” are substituted for the words “denounced by this article”. The words “Territories, Commonwealths, or” are substituted for the word “Territorial”. The words “not more than” are substituted for the words “a period not exceeding”. In subsection (c), the words “It shall be the duty of * * * to” are omitted as surplusage. The words “United States Attorney” are substituted for the words “United States district attorney”, to conform to the terminology of section 501 of title 28. The word “shall” is inserted after the word “jurisdiction”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328, § 5229(b), amended section catchline generally, substituting “Refusal of person not subject to chapter to appear, testify, or produce evidence” for “Refusal to appear or testify”. Subsec. (a). Pub. L. 114–328, § 5229(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any person not subject to this chapter who— “(1) has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board, or has been duly issued a subpoena duces tecum for a preliminary hearing pursuant to section 832 of this title (article 32); “(2) has been provided a means for reimbursement from the Government for fees and mileage at the rates allowed to witnesses attending the courts of the United States or, in the case of extraordinary hardship, is advanced such fees and mileage; and “(3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce; is guilty of an offense against the United States.” 2013—Subsec. (a)(1). Pub. L. 113–66 substituted “a preliminary hearing pursuant to section 832 of this title (article 32)” for “an investigation pursuant to section 832(b) of this title (article 32(b))”. 2011—Subsec. (a). Pub. L. 112–81, § 542(b), substituted “subpoenaed” for “subpenaed” in two places. Subsec. (a)(1). Pub. L. 112–81, § 542(a)(1)(A), substituted “board, or has been duly issued a subpoena duces tecum for an investigation pursuant to section 832(b) of this title (article 32(b));” for “board;”. Subsec. (a)(2). Pub. L. 112–81, § 542(a)(1)(B), substituted “provided a means for reimbursement from the Government for fees and mileage” for “duly paid or tendered the fees and mileage of a witness” and inserted “or, in the case of extraordinary hardship, is advanced such fees and mileage” before semicolon. Subsec. (c). Pub. L. 112–81, § 542(a)(2), substituted “board, or convening authority” for “or board”. 2006—Subsec. (b). Pub. L. 109–163 substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”. 1996—Subsec. (b). Pub. L. 104–106 inserted “indictment or” after “shall be tried on” and substituted “shall be fined or imprisoned, or both, at the court’s discretion” for “shall be punished by a fine of not more than $500, or imprisonment for not more than six months, or both”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2013 AmendmentAmendment by Pub. L. 113–66 effective on the later of Dec. 26, 2014, or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Dec. 19, 2014) and applicable with respect to preliminary hearings conducted on or after that effective date, see section 1702(d)(1) of Pub. L. 113–66, set out as a note under section 802 of this title.
|
||||
|
||||
Effective Date of 2011 AmendmentPub. L. 112–81, div. A, title V, § 542(c), Dec. 31, 2011, 125 Stat. 1411, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to subpoenas issued after the date of the enactment of this Act [Dec. 31, 2011].”
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 848"
|
||||
description: "Art. 48. Contempt"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 848"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 848 - Art. 48. Contempt
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority To Punish.— (1) With respect to any proceeding under this chapter, a judicial officer specified in paragraph (2) may punish for contempt any person who—
|
||||
|
||||
(A) uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding;
|
||||
|
||||
(B) disturbs the proceeding by any riot or disorder; or
|
||||
|
||||
(C) willfully disobeys a lawful writ, process, order, rule, decree, or command issued with respect to the proceeding.
|
||||
|
||||
(2) A judicial officer referred to in paragraph (1) is any of the following:
|
||||
|
||||
(A) Any judge of the Court of Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under section 866 of this title (article 66).
|
||||
|
||||
(B) Any military judge detailed to a court-martial, a provost court, a military commission, or any other proceeding under this chapter.
|
||||
|
||||
(C) Any military magistrate designated to preside under section 819 of this title (article 19).
|
||||
|
||||
(D) The president of a court of inquiry.
|
||||
|
||||
(b) Punishment.— The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both.
|
||||
|
||||
(c) Review.— A punishment under this section—
|
||||
|
||||
(1) if imposed by a military judge or military magistrate, may be reviewed by the Court of Criminal Appeals in accordance with the uniform rules of procedure for the Courts of Criminal Appeals under section 866(h) of this title (article 66(h));
|
||||
|
||||
(2) if imposed by a judge of the Court of Appeals for the Armed Forces or a judge of a Court of Criminal Appeals, shall constitute a judgment of the court, subject to review under the applicable provisions of section 867 or 867a of this title (article 67 or 67a); and
|
||||
|
||||
(3) if imposed by a court of inquiry, shall be subject to review by the convening authority in accordance with rules prescribed by the President.
|
||||
|
||||
(d) Inapplicability to Military Commissions Under Chapter 47A.— This section does not apply to a military commission established under chapter 47A of this title.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 111–383, div. A, title V, § 542(a), Jan. 7, 2011, 124 Stat. 4218; Pub. L. 114–328, div. E, title LVII, § 5230, Dec. 23, 2016, 130 Stat. 2913; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(F), Dec. 12, 2017, 131 Stat. 1598.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 84850:623.May 5, 1950, ch. 169, § 1 (Art. 48), 64 Stat. 123. The word “may” is substituted for the word “shall”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (c)(1). Pub. L. 115–91 substituted “section 866(h) of this title (article 66(h))” for “section 866(g) of this title (article 66(g))”. 2016—Pub. L. 114–328, § 5230(c), amended section catchline generally, substituting “Contempt” for “Contempts”. Subsec. (a). Pub. L. 114–328, § 5230(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “A judge detailed to a court-martial, a court of inquiry, the United States Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, a provost court, or a military commission may punish for contempt any person who— “(1) uses any menacing word, sign, or gesture in the presence of the judge during the proceedings of the court-martial, court, or military commission; “(2) disturbs the proceedings of the court-martial, court, or military commission by any riot or disorder; or “(3) willfully disobeys the lawful writ, process, order, rule, decree, or command of the court-martial, court, or military commission.” Subsecs. (c), (d). Pub. L. 114–328, § 5230(b), added subsec. (c) and redesignated former subsec. (c) as (d). 2011—Pub. L. 111–383 amended section generally. Prior to amendment, text read as follows: “A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. This section does not apply to a military commission established under chapter 47A of this title.” 2006—Pub. L. 109–366 inserted last sentence.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2011 AmendmentPub. L. 111–383, div. A, title V, § 542(b), Jan. 7, 2011, 124 Stat. 4218, provided that: “Section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), as amended by subsection (a), shall apply with respect to acts of contempt committed after the date of the enactment of this Act [Jan. 7, 2011].”
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
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type: "LegalText"
|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
citation: "10 U.S.C. § 849"
|
||||
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|
||||
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||||
release_date: "2026-06-26"
|
||||
source: "official"
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 849 - Art. 49. Depositions
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Subject to paragraph (2), a convening authority or a military judge may order depositions at the request of any party.
|
||||
|
||||
(2) A deposition may be ordered under paragraph (1) only if the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a prospective witness be preserved for use at a court-martial, military commission, court of inquiry, or other military court or board.
|
||||
|
||||
(3) A party who requests a deposition under this section shall give to every other party reasonable written notice of the time and place for the deposition.
|
||||
|
||||
(4) A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows:
|
||||
|
||||
(A) Whenever practicable, by an impartial judge advocate certified under section 827(b) of this title (article 27(b)).
|
||||
|
||||
(B) In exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by (i) the laws of the United States or (ii) the laws of the place where the deposition is taken.
|
||||
|
||||
(b) Representation by Counsel.— Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under section 827 of this title (article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in section 838(b) of this title (article 38(b)).
|
||||
|
||||
(c) Admissibility and Use as Evidence.— A deposition order under subsection (a) does not control the admissibility of the deposition in a court-martial or other proceeding under this chapter. Except as provided by subsection (d), a party may use all or part of a deposition as provided by the rules of evidence.
|
||||
|
||||
(d) Capital Cases.— Testimony by deposition may be presented in capital cases only by the defense.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 90–632, § 2(20), Oct. 24, 1968, 82 Stat. 1340; Pub. L. 98–209, § 6(b), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 113–291, div. A, title V, § 532, Dec. 19, 2014, 128 Stat. 3366; Pub. L. 114–328, div. E, title LVII, § 5231, Dec. 23, 2016, 130 Stat. 2914.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 849(a)849(b)50:624(a).50:624(b).May 5, 1950, ch. 169, § 1 (Art. 49), 64 Stat. 123. 849(c)50:624(c). 849(d)50:624(d). 849(e)50:624(e). 849(f)50:624(f). In subsection (a), the word “commissioned” is inserted for clarity. In subsection (d), the word “Commonwealth” is inserted to reflect the present status of Puerto Rico. The words “of Columbia” are inserted after the word “District” for clarity. The words “the distance of” are omitted as surplusage. In subsections (e) and (f), the words “the requirements of” and the words “of this article” are omitted as surplusage. The word “presented” is substituted for the word “adduced” in subsection (e). In subsection (f), the word “directs” is substituted for the words “shall have directed”. The words “by law” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to ordering depositions, notice, military and civil officers authorized to take depositions, use of depositions as evidence, testimony by deposition by the defense in capital cases, and use of deposition as evidence in cases in which the death penalty is authorized, respectively. 2014—Subsec. (a). Pub. L. 113–291 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “At any time after charges have been signed as provided in section 830 of this title (article 30), any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.” 2006—Subsec. (d)(1). Pub. L. 109–163 struck out “Territory,” after “State,”. 1983—Subsecs. (d), (f). Pub. L. 98–209 inserted “or, in the case of audiotape, videotape, or similar material, may be played in evidence” after “read in evidence”. 1968—Subsec. (a). Pub. L. 90–632 inserted reference to the taking of depositions being forbidden by the military judge or the court-martial without a military judge if the case is being heard.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective on first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
---
|
||||
|
||||
# 10 U.S.C. § 850 - Art. 50. Admissibility of sworn testimony from records of courts of inquiry
|
||||
|
||||
## Text
|
||||
|
||||
(a) Use as Evidence by Any Party.— In any case not capital and not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial or military commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence. This section does not apply to a military commission established under chapter 47A of this title.
|
||||
|
||||
(b) Use as Evidence by Defense.— Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a commissioned officer.
|
||||
|
||||
(c) Use in Courts of Inquiry and Military Boards.— Such testimony may also be read in evidence before a court of inquiry or a military board.
|
||||
|
||||
(d) Audiotape or Videotape.— Sworn testimony that—
|
||||
|
||||
(1) is recorded by audiotape, videotape, or similar method; and
|
||||
|
||||
(2) is contained in the duly authenticated record of proceedings of a court of inquiry;
|
||||
|
||||
is admissible before a court-martial, military commission, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence before any such body under subsection (a), (b), or (c).
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 114–328, div. E, title LVII, § 5232, Dec. 23, 2016, 130 Stat. 2915.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 850(a)850(b)50:625(a).50:625(b).May 5, 1950, ch. 169, § 1 (Art. 50), 64 Stat. 124. 850(c)50:625(c). In subsections (a) and (b), the word “commissioned” is inserted for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328, § 5232(b), amended section catchline generally, substituting “Admissibility of sworn testimony from records of courts of inquiry” for “Admissibility of records of courts of inquiry”. Subsec. (a). Pub. L. 114–328, § 5232(c)(1), inserted heading. Subsec. (b). Pub. L. 114–328, § 5232(c)(2), inserted heading. Subsec. (c). Pub. L. 114–328, § 5232(c)(3), inserted heading. Subsec. (d). Pub. L. 114–328, § 5232(a), added subsec. (d). 2006—Subsec. (a). Pub. L. 109–366 inserted last sentence.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
text_hash: "b423d427d89550a728b40001f046e116b29ab704c6164beccaae4b496c4279ac"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 850a - Art. 50a. Defense of lack of mental responsibility
|
||||
|
||||
## Text
|
||||
|
||||
(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
|
||||
|
||||
(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
|
||||
|
||||
(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused—
|
||||
|
||||
(1) guilty;
|
||||
|
||||
(2) not guilty; or
|
||||
|
||||
(3) not guilty only by reason of lack of mental responsibility.
|
||||
|
||||
(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused—
|
||||
|
||||
(1) guilty;
|
||||
|
||||
(2) not guilty; or
|
||||
|
||||
(3) not guilty only by reason of lack of mental responsibility.
|
||||
|
||||
(e) Notwithstanding the provisions of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if—
|
||||
|
||||
(1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
|
||||
|
||||
(2) in the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title VIII, § 802(a)(1), Nov. 14, 1986, 100 Stat. 3905; Pub. L. 114–328, div. E, title LVII, § 5233, Dec. 23, 2016, 130 Stat. 2915.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (c). Pub. L. 114–328, in introductory provisions, struck out “, or the president of a court-martial without a military judge,” after “the military judge”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective DatePub. L. 99–661, div. A, title VIII, § 802(b), Nov. 14, 1986, 100 Stat. 3906, provided that: “Section 850a of title 10, United States Code, as added by subsection (a)(1), shall apply only to offenses committed on or after the date of the enactment of this Act [Nov. 14, 1986].”
|
||||
@@ -0,0 +1,63 @@
|
||||
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|
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type: "LegalText"
|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 851 - Art. 51. Voting and rulings
|
||||
|
||||
## Text
|
||||
|
||||
(a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
|
||||
|
||||
(b) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial.
|
||||
|
||||
(c) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them—
|
||||
|
||||
(1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
|
||||
|
||||
(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
|
||||
|
||||
(3) that, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
|
||||
|
||||
(4) that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the United States.
|
||||
|
||||
(d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 90–632, § 2(21), Oct. 24, 1968, 82 Stat. 1340; Pub. L. 114–328, div. E, title LVII, § 5234, Dec. 23, 2016, 130 Stat. 2915.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 851(a)851(b)50:626(a).50:626(b).May 5, 1950, ch. 169, § 1 (Art. 51), 64 Stat. 124. 851(c)50:626(c). In subsection (a), the words “in each case” are omitted as surplusage. In subsection (b), the word “is” is substituted for the words “shall be” in the second sentence. The word “constitutes” is substituted for the words “shall constitute”. The word “However,” is substituted for the word “but”. The word “his” is substituted for the words “any such”. The words “the ruling is” are substituted for the words “such ruling be”. The words “voice vote” are substituted for the words “vote * * * viva voce”. In subsection (c), the word “must” is substituted for the word “shall” in clause (2), since a condition is prescribed, not a command. The words “United States” are substituted for the word “Government”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (a). Pub. L. 114–328, § 5234(1), struck out “, and by members of a court-martial without a military judge upon questions of challenge,” after “on the sentence”. Subsec. (b). Pub. L. 114–328, § 5234(2), struck out “and, except for questions of challenge, the president of a court-martial without a military judge” after “The military judge” and substituted “is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial.” for “, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 852 of this title (article 52), beginning with the junior in rank.” Subsec. (c). Pub. L. 114–328, § 5234(3), struck out “or the president of a court-martial without a military judge” after “the military judge” in introductory provisions. 1968—Subsec. (a). Pub. L. 90–632, § 2(21)(A), limited the balloting on the question of challenges to courts-martial without military judges. Subsec. (b). Pub. L. 90–632, § 2(21)(B), substituted “military judge” for “law officer” and inserted reference to the military judge’s ruling upon challenges for cause when a military judge is part of a court-martial and reference to questions of law. Subsec. (c). Pub. L. 90–632, § 2(21)(C), substituted “military judge” for “law officer” and made minor changes in phraseology eliminating the division between general and special court-martials. Subsec. (d). Pub. L. 90–632, § 2(21)(D), added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 852 - Art. 52. Votes required for conviction, sentencing, and other matters
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— No person may be convicted of an offense in a general or special court-martial, other than—
|
||||
|
||||
(1) after a plea of guilty under section 845(b) of this title (article 45(b));
|
||||
|
||||
(2) by a military judge in a court-martial with a military judge alone, under section 816 of this title (article 16); or
|
||||
|
||||
(3) in a court-martial with members under section 816 of this title (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken.
|
||||
|
||||
(b) Level of Concurrence Required.— (1) In general.— Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
|
||||
|
||||
(2) Sentencing.— A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 55; Pub. L. 90–632, § 2(22), Oct. 24, 1968, 82 Stat. 1340; Pub. L. 114–328, div. E, title LVII, § 5235, Dec. 23, 2016, 130 Stat. 2916.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 852(a)852(b)50:627(a).50:627(b)May 5, 1950, ch. 169, § 1 (Art. 52), 64 Stat. 125. 852(c)50:627(c). In subsections (a) and (b), the word “may” is substituted for the word “shall”. In subsection (b)(2), the words “for more than” are substituted for the words “in excess of”. In subsection (c), the word “disqualifies” is substituted for the words “shall disqualify”. The word “is” is substituted for the words “shall be” in the last two sentences.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to number of votes required for conviction of an offense for which the death penalty is mandatory, sentences, and all other questions, respectively. 1968—Subsec. (a)(2). Pub. L. 90–632, § 2(22)(A), inserted reference to the exception provided in section 845(b) of this title (article 45(b)). Subsec. (c). Pub. L. 90–632, § 2(22)(B), provided that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by a vote of less than a majority vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,69 @@
|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 853 - Art. 53. Findings and sentencing
|
||||
|
||||
## Text
|
||||
|
||||
(a) Announcement.— A court-martial shall announce its findings and sentence to the parties as soon as determined.
|
||||
|
||||
(b) Sentencing Generally.— (1) General and special courts-martial.— Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.
|
||||
|
||||
(2) Summary courts-martial.— If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
|
||||
|
||||
(c) Sentencing for Capital Offenses.— (1) In general.— In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—
|
||||
|
||||
(A) the members shall determine—
|
||||
|
||||
(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or
|
||||
|
||||
(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and
|
||||
|
||||
(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).
|
||||
|
||||
(2) Lesser authorized punishments.— In accordance with regulations prescribed by the President, the military judge may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.
|
||||
|
||||
(3) Other non-capital offenses.— In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 114–328, div. E, title LVII, § 5236, Dec. 23, 2016, 130 Stat. 2916; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(G), Dec. 12, 2017, 131 Stat. 1598; Pub. L. 117–81, div. A, title V, § 539E(a), Dec. 27, 2021, 135 Stat. 1700.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 85350:628.May 5, 1950, ch. 169, § 1 (Art. 53), 64 Stat. 125. The word “A” is substituted for the word “Every”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (b)(1). Pub. L. 117–81, § 539E(a)(1), amended par. (1) generally. Prior to amendment, par. (1) provided that, except for capital offenses, accused who is convicted in trial by general or special court-martial shall be sentenced by military judge or, if court-martial consisted of military judge and members, accused may elect sentencing by members. Subsec. (c)(1). Pub. L. 117–81, § 539E(a)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.” Subsec. (c)(2). Pub. L. 117–81, § 539E(a)(2)(B), substituted “the military judge” for “the court-martial”. 2017—Subsec. (b)(1)(B). Pub. L. 115–91 struck out “in a trial” after “convicted of an offense”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “A court-martial shall announce its findings and sentence to the parties as soon as determined.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentPub. L. 117–81, div. A, title V, § 539E(f), Dec. 27, 2021, 135 Stat. 1706, provided that: “The amendments made by this section [amending this section and sections 853a, 856, and 866 of this title and repealing provisions set out as a note under section 856 of this title] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021] and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.”
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,85 @@
|
||||
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|
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||||
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|
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||||
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|
||||
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|
||||
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||||
---
|
||||
|
||||
# 10 U.S.C. § 853a - Art. 53a. Plea agreements
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Subject to paragraph (3), at any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—
|
||||
|
||||
(A) the manner in which the convening authority will dispose of one or more charges and specifications; and
|
||||
|
||||
(B) limitations on the sentence that may be adjudged for one or more charges and specifications.
|
||||
|
||||
(2) The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
|
||||
|
||||
(3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).
|
||||
|
||||
(b) Acceptance of Plea Agreement.— Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—
|
||||
|
||||
(1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and
|
||||
|
||||
(2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.
|
||||
|
||||
(c) Limitation on Acceptance of Plea Agreements.— The military judge of a general or special court-martial shall reject a plea agreement that—
|
||||
|
||||
(1) contains a provision that has not been accepted by both parties;
|
||||
|
||||
(2) contains a provision that is not understood by the accused;
|
||||
|
||||
(3) except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in section 856(b)(2) of this title (article 56(b)(2));
|
||||
|
||||
(4) is prohibited by law; or
|
||||
|
||||
(5) is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.
|
||||
|
||||
(d) Limited Conditions for Acceptance of Plea Agreement for Sentence Below Mandatory Minimum for Certain Offenses.— With respect to an offense referred to in section 856(b)(2) of this title (article 56(b)(2))—
|
||||
|
||||
(1) the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and
|
||||
|
||||
(2) upon recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.
|
||||
|
||||
(e) Binding Effect of Plea Agreement.— Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)) and the court-martial.
|
||||
|
||||
(Added Pub. L. 114–328, div. E, title LVII, § 5237, Dec. 23, 2016, 130 Stat. 2917; amended Pub. L. 115–91, div. A, title V, § 531(d), title X, § 1081(c)(1)(H), Dec. 12, 2017, 131 Stat. 1384, 1598; Pub. L. 117–81, div. A, title V, §§ 539, 539E(b), Dec. 27, 2021, 135 Stat. 1698, 1701.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (b), is section 539E(e) of Pub. L. 117–81, which is set out as a note under section 856 of this title.
|
||||
|
||||
Amendments2021—Subsec. (a)(1). Pub. L. 117–81, § 539(a)(1), substituted “Subject to paragraph (3), at any time” for “At any time” in introductory provisions. Subsec. (a)(3). Pub. L. 117–81, § 539(a)(2), added par. (3). Subsecs. (b), (c). Pub. L. 117–81, § 539E(b), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Pub. L. 117–81, § 539(b), inserted “(including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3))” after “parties”. Subsec. (e). Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (d) as (e). 2017—Subsec. (b)(4), (5). Pub. L. 115–91, § 531(d)(1), added pars. (4) and (5). Subsec. (d). Pub. L. 115–91, § 1081(c)(1)(H), which directed substitution of “court-martial” for “military judge” the second place it appeared, could not be executed because of the prior amendment by Pub. L. 115–91, § 531(d)(2). See below. Pub. L. 115–91, § 531(d)(2), substituted “shall bind the parties and the court-martial” for “shall bind the parties and the military judge”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 539 of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title. Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by section 531(d) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(H) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective DateSection effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 854"
|
||||
description: "Art. 54. Record of trial"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "854"
|
||||
citation: "10 U.S.C. § 854"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s854"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 854 - Art. 54. Record of trial
|
||||
|
||||
## Text
|
||||
|
||||
(a) General and Special Courts-martial.— Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court-reporter, except that in the case of death, disability, or absence of a court reporter, the record shall be certified by an official selected as the President may prescribe by regulation.
|
||||
|
||||
(b) Summary Courts-martial.— Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be certified in the manner required by such regulations as the President may prescribe.
|
||||
|
||||
(c) Contents of Record.— (1) Except as provided in paragraph (2), the record shall contain such matters as the President may prescribe by regulation.
|
||||
|
||||
(2) In accordance with regulations prescribed by the President, a complete record of proceedings and testimony shall be prepared in any case of a sentence of death, dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months.
|
||||
|
||||
(d) Copy to Accused.— A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is certified.
|
||||
|
||||
(e) Copy to Victim.— In the case of a general or special court-martial, upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90–632, § 2(23), Oct. 24, 1968, 82 Stat. 1340; Pub. L. 98–209, § 6(c), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 106–398, § 1 [[div. A], title V, § 555(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–127; Pub. L. 112–81, div. A, title V, § 586(e), Dec. 31, 2011, 125 Stat. 1435; Pub. L. 114–328, div. E, title LVII, § 5238, Dec. 23, 2016, 130 Stat. 2918.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 854(a)854(b)50:629(a).50:629(b).May 5, 1950, ch. 169, § 1 (Art. 54), 64 Stat. 125. 854(c)50:629(c). In subsection (a), the word “If” is substituted for the words “In case”. The words “any of those” are substituted for the word “such” in the last sentence. In subsection (b), the words “and the” are substituted for the word “which” before the word “record”. The words “the matter and shall be authenticated in the manner required by such regulations as” are substituted for the words “such matter and be authenticated in such manner as may be required by regulations which”. In subsection (c), the words “it is” are inserted before the word “authenticated”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Another section 586(e) of Pub. L. 112–81 is set out in a note under section 1561 of this title.
|
||||
|
||||
Amendments2016—Subsec. (a). Pub. L. 114–328, § 5238(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.” Subsec. (b). Pub. L. 114–328, § 5238(2), substituted “Summary Courts-martial.—Each summary court-martial” for “Each special and summary court-martial” and “certified” for “authenticated”. Subsec. (c). Pub. L. 114–328, § 5238(3), added subsec. (c) and struck out former subsec. (c) which related to preparation of complete record of proceedings. Subsec. (d). Pub. L. 114–328, § 5238(4), inserted heading and substituted “certified” for “authenticated”. Subsec. (e). Pub. L. 114–328, § 5238(5), inserted heading and substituted “, upon request,” for “involving a sexual assault or other offense covered by section 920 of this title (article 120),” and “certified” for “authenticated”. 2011—Subsec. (e). Pub. L. 112–81 added subsec. (e). 2000—Subsec. (c)(1)(B). Pub. L. 106–398 inserted “, confinement for more than six months, or forfeiture of pay for more than six months” after “bad-conduct discharge”. 1983—Subsec. (a). Pub. L. 98–209, § 6(c)(1), struck out provision that if the proceedings had resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which could otherwise be adjudged by a special court-martial, the record had to contain such matters as might be prescribed by regulations of the President. Subsec. (b). Pub. L. 98–209, § 6(c)(2), substituted “the record” for “the record shall contain the matter and”. Subsecs. (c), (d). Pub. L. 98–209, § 6(c)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d). 1968—Subsec. (a). Pub. L. 90–632 provided for authentication of a record of trial by general court-martial by the signature of the military judge, for alternate methods of authentication if the military judge for specified reasons is unable to authenticate it, for authentication when a court-martial consists only of a military judge, and for summarized records of trial in specified cases.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 2000 AmendmentPub. L. 106–398, § 1 [[div. A], title V, § 555(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–127, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of April 1, 2000, and shall apply with respect to charges referred on or after that date to trial by special court-martial.”
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 855 - Art. 55. Cruel and unusual punishments prohibited
|
||||
|
||||
## Text
|
||||
|
||||
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 56.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 85550:636.May 5, 1950, ch. 169, § 1 (Art. 55), 64 Stat. 126. The word “may” is substituted for the word “shall”.
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 856a"
|
||||
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||||
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||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 856a"
|
||||
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||||
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||||
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||||
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||||
confidence: "official"
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 856a - Repealed. Pub. L. 114–328, div. E, title LVIII, § 5301(b), Dec. 23, 2016, 130 Stat. 2920]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 105–85, div. A, title V, § 581(a)(1), Nov. 18, 1997, 111 Stat. 1759, related to sentence of confinement for life without eligibility for parole.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 857 - Art. 57. Effective date of sentences
|
||||
|
||||
## Text
|
||||
|
||||
(a) Execution of Sentences.— A court-martial sentence shall be executed and take effect as follows:
|
||||
|
||||
(1) Forfeiture and reduction.— A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of—
|
||||
|
||||
(A) the date that is 14 days after the date on which the sentence is adjudged; or
|
||||
|
||||
(B) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority.
|
||||
|
||||
(2) Confinement.— Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
|
||||
|
||||
(3) Approval of sentence of death.— If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended.
|
||||
|
||||
(4) Approval of dismissal.— If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as the Secretary sees fit. In time of war or national emergency he may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six months thereafter.
|
||||
|
||||
(5) Completion of appellate review.— If a sentence extends to death, dismissal, or a dishonorable or bad-conduct discharge, that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may be executed, in accordance with service regulations, after completion of appellate review (and, with respect to death or dismissal, approval under paragraph (3) or (4), as appropriate).
|
||||
|
||||
(6) Other sentences.— Except as otherwise provided in this subsection, a general or special court-martial sentence is effective upon entry of judgment and a summary court-martial sentence is effective when the convening authority acts on the sentence.
|
||||
|
||||
(b) Deferral of Sentences.— (1) In general.— On application by an accused, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer the effective date of a sentence of confinement, reduction, or forfeiture. The deferment shall terminate upon entry of judgment or, in the case of a summary court-martial, when the convening authority acts on the sentence. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
|
||||
|
||||
(2) Deferral of certain persons sentenced to confinement.— In any case in which a court-martial sentences a person referred to in paragraph (3) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of that person, until after the person has been permanently released to the armed forces by a State or foreign country referred to in that paragraph.
|
||||
|
||||
(3) Covered persons.— Paragraph (2) applies to a person subject to this chapter who—
|
||||
|
||||
(A) while in the custody of a State or foreign country is temporarily returned by that State or foreign country to the armed forces for trial by court-martial; and
|
||||
|
||||
(B) after the court-martial, is returned to that State or foreign country under the authority of a mutual agreement or treaty, as the case may be.
|
||||
|
||||
(4) State defined.— In this subsection, the term “State” includes the District of Columbia and any Commonwealth, territory, or possession of the United States.
|
||||
|
||||
(5) Deferral while review pending.— In any case in which a court-martial sentences a person to confinement, but in which review of the case under section 867(a)(2) of this title (article 67(a)(2)) is pending, the Secretary concerned may defer further service of the sentence to confinement while that review is pending.
|
||||
|
||||
(c) Appellate Review.— (1) Completion of appellate review.— Appellate review is complete under this section when—
|
||||
|
||||
(A) a review under section 865 of this title (article 65) is completed; or
|
||||
|
||||
(B) a review under section 866 of this title (article 66) is completed by a Court of Criminal Appeals and—
|
||||
|
||||
(i) the time for the accused to file a petition for review by the Court of Appeals for the Armed Forces has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court;
|
||||
|
||||
(ii) such a petition is rejected by the Court of Appeals for the Armed Forces; or
|
||||
|
||||
(iii) review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces and—
|
||||
|
||||
(I) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court;
|
||||
|
||||
(II) such a petition is rejected by the Supreme Court; or
|
||||
|
||||
(III) review is otherwise completed in accordance with the judgment of the Supreme Court.
|
||||
|
||||
(2) Completion as final judgment of legality of proceedings.— The completion of appellate review shall constitute a final judgment as to the legality of the proceedings.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90–632, § 2(24), Oct. 24, 1968, 82 Stat. 1341; Pub. L. 98–209, § 5(f), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 102–484, div. A, title X, § 1064, Oct. 23, 1992, 106 Stat. 2505; Pub. L. 104–106, div. A, title XI, §§ 1121(a), 1123(a)(1), (2), Feb. 10, 1996, 110 Stat. 462–464; Pub. L. 114–328, div. E, title LVIII, § 5302(a), Dec. 23, 2016, 130 Stat. 2921.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 857(a)857(b)50:638(a).50:638(b).May 5, 1950, ch. 169, § 1 (Art. 57), 64 Stat. 126. 857(c)50:638(c). In subsection (a), the word “may” is substituted for the word “shall”. In subsection (b), the word “begins” is substituted for the words “shall begin”. In subsection (c), the word “are” is substituted for the words “shall become”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to effective date of sentences. 1996—Subsec. (a). Pub. L. 104–106, § 1121(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).” Subsecs. (d), (e). Pub. L. 104–106, § 1123(a)(1), (2), redesignated subsecs. (d) and (e) as section 857a(a) and (b), respectively, of this title. 1992—Subsec. (e). Pub. L. 102–484 added subsec. (e). 1983—Subsec. (a). Pub. L. 98–209 substituted provision that no forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title, for provision that whenever a sentence of a court-martial as lawfully adjudged and approved included a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture could apply to pay or allowances becoming due on or after the date the sentence was approved by the convening authority, and that no forfeiture could extend to any pay or allowances accrued before that date. 1968—Subsec. (a). Pub. L. 90–632 inserted reference to deferral of sentence of confinement. Subsec. (b). Pub. L. 90–632 inserted reference to deferral of sentence of confinement. Subsec. (d). Pub. L. 90–632 added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title XI, § 1121(b), Feb. 10, 1996, 110 Stat. 462, provided that: “The amendment made by subsection (a) [amending this section] shall apply to a case in which a sentence is adjudged by a court-martial on or after the first day of the first month that begins at least 30 days after the date of the enactment of this Act [Feb. 10, 1996].”
|
||||
|
||||
Effective Date of 1992 AmendmentAmendment by Pub. L. 102–484 effective Oct. 23, 1992, and applicable with respect to offenses committed on or after that date, see section 1067 of Pub. L. 102–484, set out as a note under section 803 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 857a"
|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "857a"
|
||||
citation: "10 U.S.C. § 857a"
|
||||
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|
||||
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|
||||
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|
||||
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||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s857a"
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 857a - Repealed. Pub. L. 114–328, div. E, title LVIII, § 5302(b)(1), Dec. 23, 2016, 130 Stat. 2923]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 90–632, § 2(24), Oct. 24, 1968, 82 Stat. 1341, § 857(d); amended Pub. L. 102–484, div. A, title X, § 1064, Oct. 23, 1992, 106 Stat. 2505; renumbered § 857a and amended Pub. L. 104–106, div. A, title XI, § 1123(a), Feb. 10, 1996, 110 Stat. 463, related to deferment of sentence to confinement.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 858"
|
||||
description: "Art. 58. Execution of confinement"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "858"
|
||||
citation: "10 U.S.C. § 858"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s858"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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source_hash: "284a9cd423b88cda6f6b5c46a9e1d9f351658b9c1bf049a15ea65e5ffd9abfe3"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 858 - Art. 58. Execution of confinement
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under such instructions as the Secretary concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the United States, or which the United States may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Columbia, or place in which the institution is situated.
|
||||
|
||||
(b) The omission of the words “hard labor” from any sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 858(a)858(b)50:639(a).50:639(b).May 5, 1950, ch. 169, § 1 (Art. 58), 64 Stat. 126. In subsection (a), the words “Secretary concerned” are substituted for the words “Department concerned”, since the “Department” as an entity, cannot issue instructions. The word “are” is substituted for the words “shall be”. The words “of Columbia” are inserted after “District” for clarity. In subsection (b), the word “from” is substituted for the word “in”. The words “does not deprive” are substituted for the words “shall not be construed as depriving”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Subsec. (a). Pub. L. 109–163 struck out “Territory,” after “State,”.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 858a"
|
||||
description: "Art. 58a. Sentences: reduction in enlisted grade"
|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "858a"
|
||||
citation: "10 U.S.C. § 858a"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 858a - Art. 58a. Sentences: reduction in enlisted grade
|
||||
|
||||
## Text
|
||||
|
||||
(a) A court-martial sentence of an enlisted member in a pay grade above E–1, as set forth in the judgment of the court-martial entered into the record under section 860c of this title (article 60c), that includes—
|
||||
|
||||
(1) a dishonorable or bad-conduct discharge;
|
||||
|
||||
(2) confinement; or
|
||||
|
||||
(3) hard labor without confinement;
|
||||
|
||||
reduces that member to pay grade E–1, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date on which the judgment is so entered.
|
||||
|
||||
(b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or reduced, or, as finally affirmed, does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.
|
||||
|
||||
(Added Pub. L. 86–633, § 1(1), July 12, 1960, 74 Stat. 468; amended Pub. L. 114–328, div. E, title LVIII, § 5303, Dec. 23, 2016, 130 Stat. 2923; Pub. L. 115–91, div. A, title V, § 531(f)(1), (2), Dec. 12, 2017, 131 Stat. 1385.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Pub. L. 115–91, § 531(f)(2), struck out “upon approval” after “reduction in enlisted grade” in section catchline. Subsec. (a). Pub. L. 115–91, § 531(f)(1), substituted “, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date” for “, effective on the date” in concluding provisions. 2016—Subsec. (a). Pub. L. 114–328, § 5303(1), in introductory provisions, substituted “A” for “Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a” and “as set forth in the judgment of the court-martial entered into the record under section 860c of this title (article 60c)” for “as approved by the convening authority”, and, in concluding provisions, substituted “on which the judgment is so entered” for “of that approval”. Subsec. (b). Pub. L. 114–328, § 5303(2), substituted “reduced, or, as finally affirmed” for “disapproved, or, as finally approved”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "858b"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 858b - Art. 58b. Sentences: forfeiture of pay and allowances during confinement
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under section 857 of this title (article 57) and may be deferred as provided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period.
|
||||
|
||||
(2) A sentence covered by this section is any sentence that includes—
|
||||
|
||||
(A) confinement for more than six months or death; or
|
||||
|
||||
(B) confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.
|
||||
|
||||
(b) In a case involving an accused who has dependents, the convening authority or other person acting under section 860a or 860b of this title (article 60a or 60b) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
|
||||
|
||||
(c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
|
||||
|
||||
(Added Pub. L. 104–106, div. A, title XI, § 1122(a)(1), Feb. 10, 1996, 110 Stat. 463; amended Pub. L. 104–201, div. A, title X, § 1068(a)(1), Sept. 23, 1996, 110 Stat. 2655; Pub. L. 105–85, div. A, title X, § 1073(a)(9), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 114–328, div. E, title LVIII, § 5302(b)(3), Dec. 23, 2016, 130 Stat. 2923; Pub. L. 115–91, div. A, title V, § 531(g), Dec. 12, 2017, 131 Stat. 1385.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (b). Pub. L. 115–91 substituted “section 860a or 860b of this title (article 60a or 60b)” for “section 860 of this title (article 60)”. 2016—Subsec. (a)(1). Pub. L. 114–328 substituted “section 857 of this title (article 57)” for “section 857(a) of this title (article 57(a))”. 1997—Subsec. (a)(1). Pub. L. 105–85 substituted “forfeiture of pay, or of pay and allowances, due that member” for “forfeiture of pay and (if adjudged by a general court-martial) allowances due that member” in first sentence. 1996—Subsec. (a)(1). Pub. L. 104–201, § 1068(a)(1)(B), substituted “two-thirds of all pay” for “two-thirds of all pay and allowances” in third sentence. Pub. L. 104–201, § 1068(a)(1)(A), which directed amendment of first sentence by inserting “(if adjudged by a general court-martial)” after “all pay and”, was executed by making the insertion after “of pay and” in first sentence to reflect the probable intent of Congress.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–201, div. A, title X, § 1068(a)(2), Sept. 23, 1996, 110 Stat. 2655, provided that: “The amendments made by paragraph (1) [amending this section] shall take effect as of April 1, 1996, and shall apply to any case in which a sentence is adjudged by a court-martial on or after that date.”
|
||||
|
||||
Effective DatePub. L. 104–106, div. A, title XI, § 1122(b), Feb. 10, 1996, 110 Stat. 463, provided that: “The section (article) added by the amendment made by subsection (a)(1) [this section] shall apply to a case in which a sentence is adjudged by a court-martial on or after the first day of the first month that begins at least 30 days after the date of the enactment of this Act [Feb. 10, 1996].”
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 859"
|
||||
description: "Art. 59. Error of law; lesser included offense"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "859"
|
||||
citation: "10 U.S.C. § 859"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s859"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "2c433823f5c7f88e6de83b4d1157ba954318665ecfce213199f43e88b3daf2d8"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "66c8f8bc31f958ff1818bbf02ece3a0718068db5efe94ed95fc8543fc5464f60"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 859 - Art. 59. Error of law; lesser included offense
|
||||
|
||||
## Text
|
||||
|
||||
(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
|
||||
|
||||
(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 859(a)859(b)50:646(a).50:646(b).May 5, 1950, ch. 169, § 1 (Art. 59), 64 Stat. 127. The word “may” is substituted for the word “shall”.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,103 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 860a"
|
||||
description: "Art. 60a. Limited authority to act on sentence in specified post-trial circumstances"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "47"
|
||||
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|
||||
section: "860a"
|
||||
citation: "10 U.S.C. § 860a"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t10/s860a"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 860a - Art. 60a. Limited authority to act on sentence in specified post-trial circumstances
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) The convening authority of a general or special court-martial described in paragraph (2)—
|
||||
|
||||
(A) may act on the sentence of the court-martial only as provided in subsection (b), (c), or (d); and
|
||||
|
||||
(B) may not act on the findings of the court-martial.
|
||||
|
||||
(2) The courts-martial referred to in paragraph (1) are the following:
|
||||
|
||||
(A) A general or special court-martial in which the maximum sentence of confinement established under subsection (a) of section 856 of this title (article 56) for any offense of which the accused is found guilty is more than two years.
|
||||
|
||||
(B) A general or special court-martial in which the total of the sentences of confinement imposed, running consecutively, is more than six months.
|
||||
|
||||
(C) A general or special court-martial in which the sentence imposed includes a dismissal, dishonorable discharge, or bad-conduct discharge.
|
||||
|
||||
(D) A general or special court-martial in which the accused is found guilty of a violation of subsection (a) or (b) of section 920 of this title (article 120), section 920b of this title (article 120b), or such other offense as the Secretary of Defense may specify by regulation.
|
||||
|
||||
(3) Except as provided in subsection (d), the convening authority may act under this section only before entry of judgment.
|
||||
|
||||
(4) Under regulations prescribed by the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
|
||||
|
||||
(b) Reduction, Commutation, and Suspension of Sentences Generally.— (1) Except as provided in subsection (c) or (d), the convening authority may not reduce, commute, or suspend any of the following sentences:
|
||||
|
||||
(A) A sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is greater than six months.
|
||||
|
||||
(B) A sentence of dismissal, dishonorable discharge, or bad-conduct discharge.
|
||||
|
||||
(C) A sentence of death.
|
||||
|
||||
(2) The convening authority may reduce, commute, or suspend any sentence not specified in paragraph (1).
|
||||
|
||||
(c) Suspension of Certain Sentences Upon Recommendation of Military Judge.— (1) Upon recommendation of the military judge, as included in the Statement of Trial Results, together with an explanation of the facts supporting the recommendation, the convening authority may suspend—
|
||||
|
||||
(A) a sentence of confinement, in whole or in part; or
|
||||
|
||||
(B) a sentence of dismissal, dishonorable discharge, or bad-conduct discharge.
|
||||
|
||||
(2) The convening authority may not, under paragraph (1)—
|
||||
|
||||
(A) suspend a mandatory minimum sentence; or
|
||||
|
||||
(B) suspend a sentence to an extent in excess of the suspension recommended by the military judge.
|
||||
|
||||
(d) Reduction of Sentence for Substantial Assistance by Accused.— (1) Upon a recommendation by the trial counsel, if the accused, after sentencing and before entry of judgment, provides substantial assistance in the investigation or prosecution of another person, the convening authority may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
|
||||
|
||||
(2) Upon a recommendation by a trial counsel, designated in accordance with rules prescribed by the President, if the accused, after entry of judgment, provides substantial assistance in the investigation or prosecution of another person, a convening authority, designated under such regulations, may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
|
||||
|
||||
(3) In evaluating whether the accused has provided substantial assistance under this subsection, the convening authority may consider the presentence assistance of the accused.
|
||||
|
||||
(e) Submissions by Accused and Victim.— (1) In accordance with rules prescribed by the President, in determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of an offense. Such rules shall include—
|
||||
|
||||
(A) procedures for notice of the opportunity to make such submissions;
|
||||
|
||||
(B) the deadlines for such submissions; and
|
||||
|
||||
(C) procedures for providing the accused and any victim of an offense with a copy of the recording of any open sessions of the court-martial and copies of, or access to, any admitted, unsealed exhibits.
|
||||
|
||||
(2) The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial.
|
||||
|
||||
(f) Decision of Convening Authority.— (1) The decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.
|
||||
|
||||
(2) If, under this section, the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for such action.
|
||||
|
||||
(3) If, under subsection (d)(2), the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall be forwarded to the chief trial judge for appropriate modification of the entry of judgment, which shall be transmitted to the Judge Advocate General for appropriate action.
|
||||
|
||||
(Added Pub. L. 114–328, div. E, title LIX, § 5322, Dec. 23, 2016, 130 Stat. 2924.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,75 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 860b"
|
||||
description: "Art. 60b. Post-trial actions in summary courts-martial and certain general and special courts-martial"
|
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jurisdiction: "us"
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|
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|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "860b"
|
||||
citation: "10 U.S.C. § 860b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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||||
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||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 860b - Art. 60b. Post-trial actions in summary courts-martial and certain general and special courts-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) In a court-martial not specified in section 860a(a)(2) of this title (article 60a(a)(2)), the convening authority may—
|
||||
|
||||
(A) dismiss any charge or specification by setting aside the finding of guilty;
|
||||
|
||||
(B) change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense;
|
||||
|
||||
(C) disapprove the findings and the sentence and dismiss the charges and specifications;
|
||||
|
||||
(D) disapprove the findings and the sentence and order a rehearing as to the findings and the sentence;
|
||||
|
||||
(E) disapprove, commute, or suspend the sentence, in whole or in part; or
|
||||
|
||||
(F) disapprove the sentence and order a rehearing as to the sentence.
|
||||
|
||||
(2) In a summary court-martial, the convening authority shall approve the sentence or take other action on the sentence under paragraph (1).
|
||||
|
||||
(3) Except as provided in paragraph (4), the convening authority may act under this section only before entry of judgment.
|
||||
|
||||
(4) The convening authority may act under this section after entry of judgment in a general or special court-martial in the same manner as the convening authority may act under section 860a(d)(2) of this title (article 60a(d)(2)). Such action shall be forwarded to the chief trial judge, who shall ensure appropriate modification to the entry of judgment and shall transmit the entry of judgment to the Judge Advocate General for appropriate action.
|
||||
|
||||
(5) Under regulations prescribed by the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
|
||||
|
||||
(b) Limitations on Rehearings.— The convening authority may not order a rehearing under this section—
|
||||
|
||||
(1) as to the findings, if there is insufficient evidence in the record to support the findings;
|
||||
|
||||
(2) to reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; or
|
||||
|
||||
(3) to reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter.
|
||||
|
||||
(c) Submissions by Accused and Victim.— In accordance with rules prescribed by the President, in determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of the offense. Such rules shall include the matter required by section 860a(e) of this title (article 60a(e)).
|
||||
|
||||
(d) Decision of Convening Authority.— (1) In a general or special court-martial, the decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.
|
||||
|
||||
(2) If the convening authority acts on the findings or the sentence under subsection (a)(1), the decision of the convening authority shall include a written explanation of the reasons for such action.
|
||||
|
||||
(Added Pub. L. 114–328, div. E, title LIX, § 5323, Dec. 23, 2016, 130 Stat. 2926.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "860c"
|
||||
citation: "10 U.S.C. § 860c"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 860c - Art. 60c. Entry of judgment
|
||||
|
||||
## Text
|
||||
|
||||
(a) Entry of Judgment of General or Special Court-martial.— (1) In accordance with rules prescribed by the President, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the following:
|
||||
|
||||
(A) The Statement of Trial Results under section 860 of this title (article 60).
|
||||
|
||||
(B) Any modifications of, or supplements to, the Statement of Trial Results by reason of—
|
||||
|
||||
(i) any post-trial action by the convening authority; or
|
||||
|
||||
(ii) any ruling, order, or other determination of the military judge that affects a plea, a finding, or the sentence.
|
||||
|
||||
(2) Under rules prescribed by the President, the judgment under paragraph (1) shall be—
|
||||
|
||||
(A) provided to the accused and to any victim of the offense; and
|
||||
|
||||
(B) made available to the public.
|
||||
|
||||
(b) Summary Court-martial Judgment.— The findings and sentence of a summary court-martial, as modified by any post-trial action by the convening authority under section 860b of this title (article 60b), constitutes the judgment of the court-martial and shall be recorded and distributed under rules prescribed by the President.
|
||||
|
||||
(Added Pub. L. 114–328, div. E, title LIX, § 5324, Dec. 23, 2016, 130 Stat. 2927.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "47"
|
||||
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|
||||
section: "861"
|
||||
citation: "10 U.S.C. § 861"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s861"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "cdd771710bfe53ff19f0ca203af83ca0abe02b0fe5d7c3e1b0c31c2b6c6cea17"
|
||||
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|
||||
text_hash: "caf60796e81d15da9e847e3dbf1551aa94cad30541d5a2555665b3419e934922"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 861 - Art. 61. Waiver of right to appeal; withdrawal of appeal
|
||||
|
||||
## Text
|
||||
|
||||
(a) Waiver of Right to Appeal.— After entry of judgment in a general or special court-martial, under procedures prescribed by the Secretary concerned, the accused may waive the right to appellate review in each case subject to such review under section 866 of this title (article 66). Such a waiver shall be—
|
||||
|
||||
(1) signed by the accused and by defense counsel; and
|
||||
|
||||
(2) attached to the record of trial.
|
||||
|
||||
(b) Withdrawal of Appeal.— In a general or special court-martial, the accused may withdraw an appeal at any time.
|
||||
|
||||
(c) Death Penalty Case Exception.— Notwithstanding subsections (a) and (b), an accused may not waive the right to appeal or withdraw an appeal with respect to a judgment that includes a sentence of death.
|
||||
|
||||
(d) Waiver or Withdrawal as Bar.— Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver or withdrawal under this section bars review under section 866 of this title (article 66).
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, § 5(b)(1), Dec. 6, 1983, 97 Stat. 1397; Pub. L. 114–328, div. E, title LIX, § 5325, Dec. 23, 2016, 130 Stat. 2928; Pub. L. 117–263, div. A, title V, § 544(a), Dec. 23, 2022, 136 Stat. 2582.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 86150:648.May 5, 1950, ch. 169, § 1 (Art. 61), 64 Stat. 127. The word “each” is substituted for the word “every”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (d). Pub. L. 117–263 substituted “Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver” for “A waiver”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to waiver or withdrawal of appeal. 1983—Pub. L. 98–209 amended section generally, substituting “Waiver or withdrawal of appeal” for “Same—General court-martial records” as section catchline, and, in text, substituting provisions relating to waiver or withdrawal of appeal for provisions relating to initial action by the convening authority on general court-martial records.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2022 AmendmentPub. L. 117–263, div. A, title V, § 544(d), Dec. 23, 2022, 136 Stat. 2583, provided that: “The amendments made by this section [amending this section and sections 866 and 869 of this title] shall not apply to— “(1) any matter that was submitted before the date of the enactment of this Act [Dec. 23, 2022] to a Court of Criminal Appeals established under section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice); or “(2) any matter that was submitted before the date of the enactment of this Act to a Judge Advocate General under section 869 of such title (article 69 of the Uniform Code of Military Justice).”
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 862"
|
||||
description: "Art. 62. Appeal by the United States"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "862"
|
||||
citation: "10 U.S.C. § 862"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s862"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "f2bdb92877e88fe410d8c88633dd5c41b101d8e1a0d4de7ee7fbbbfcaa7c99e7"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "bad31b95dbb698b1c0233cd17db0c29ed6957e4dd65843c472cf39be8aa8a71a"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 862 - Art. 62. Appeal by the United States
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) In a trial by general or special court-martial, or in a pretrial proceeding under section 830a of this title (article 30a), the United States may appeal the following:
|
||||
|
||||
(A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
|
||||
|
||||
(B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
|
||||
|
||||
(C) An order or ruling which directs the disclosure of classified information.
|
||||
|
||||
(D) An order or ruling which imposes sanctions for nondisclosure of classified information.
|
||||
|
||||
(E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.
|
||||
|
||||
(F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.
|
||||
|
||||
(G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.
|
||||
|
||||
(2) (A) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.
|
||||
|
||||
(B) An appeal of an order or ruling may not be taken when prohibited by section 844 of this title (article 44).
|
||||
|
||||
(3) An appeal under this section shall be diligently prosecuted by appellate Government counsel.
|
||||
|
||||
(b) An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Criminal Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Criminal Appeals may act only with respect to matters of law.
|
||||
|
||||
(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
|
||||
|
||||
(d) The United States may appeal a ruling or order of a military magistrate in the same manner as had the ruling or order been made by a military judge, except that the issue shall first be presented to the military judge who designated the military magistrate or to a military judge detailed to hear the issue.
|
||||
|
||||
(e) The provisions of this section shall be liberally construed to effect its purposes.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, § 5(c)(1), Dec. 6, 1983, 97 Stat. 1398; Pub. L. 103–337, div. A, title IX, § 924(c)(2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104–106, div. A, title XI, § 1141(a), Feb. 10, 1996, 110 Stat. 466; Pub. L. 114–328, div. E, title LIX, § 5326, Dec. 23, 2016, 130 Stat. 2928; Pub. L. 115–91, div. A, title V, § 531(h), Dec. 12, 2017, 131 Stat. 1385.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 862(a)862(b)50:649(a).50:649(b).May 5, 1950, ch. 169, § 1 (Art. 62), 64 Stat. 127.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (b). Pub. L. 115–91 struck out “, notwithstanding section 866(c) of this title (article 66(c))” after “matters of law”. 2016—Subsec. (a)(1). Pub. L. 114–328, § 5326(1)(A), in introductory provisions, substituted “general or special court-martial, or in a pretrial proceeding under section 830a of this title (article 30a), the United States may appeal the following:” for “court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal the following (other than an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification):”. Subsec. (a)(1)(G). Pub. L. 114–328, § 5326(1)(B), added subpar. (G). Subsec. (a)(2). Pub. L. 114–328, § 5326(2), designated existing provisions as subpar. (A) and added subpar. (B). Subsecs. (d), (e). Pub. L. 114–328, § 5326(3), added subsecs. (d) and (e). 1996—Subsec. (a)(1). Pub. L. 104–106 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specification or which excludes evidence that is substantial proof of a fact material in the proceeding. However, the United States may not appeal an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification.” 1994—Subsec. (b). Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” in two places. 1983—Pub. L. 98–209 amended section generally, substituting “Appeal by the United States” for “Reconsideration and revision” as section catchline, and, in text, substituting provisions relating to appeals by the United States for provisions relating to the convening authority returning the record to the court for reconsideration and appropriate action.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 863"
|
||||
description: "Art. 63. Rehearings"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "863"
|
||||
citation: "10 U.S.C. § 863"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s863"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "79dc899656c6370bd8b0c0ac16244c170f6b84c07cbc9715060d8030a47421c6"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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||||
text_hash: "05f5c9a9f5cc99edc8e69bf2dbfc531973dabf2ca7bf8ae82dc10505f7024c76"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 863 - Art. 63. Rehearings
|
||||
|
||||
## Text
|
||||
|
||||
(a) Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be adjudged, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
|
||||
|
||||
(b) If the sentence adjudged by the first court-martial was in accordance with a plea agreement under section 853a of this title (article 53a) and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of that which could have been adjudged at the first court-martial, subject to such limitations as the President may prescribe by regulation.
|
||||
|
||||
(c) If, after appeal by the Government under section 856(d) of this title (article 56(d)), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Criminal Appeals or Court of Appeals for the Armed Forces, the court-martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the President may prescribe by regulation.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, § 5(d), Dec. 6, 1983, 97 Stat. 1398; Pub. L. 102–484, div. A, title X, § 1065, Oct. 23, 1992, 106 Stat. 2506; Pub. L. 114–328, div. E, title LIX, § 5327, Dec. 23, 2016, 130 Stat. 2929; Pub. L. 115–91, div. A, title V, § 531(i), Dec. 12, 2017, 131 Stat. 1385.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 863(a)863(b)50:650(a).50:650(b).May 5, 1950, ch. 169, § 1 (Art. 63), 64 Stat. 127. In subsection (a), the words “In such a” are substituted for the words “in which”. In subsection (b), the word “Each” is substituted for the word “Every”. The word “may” is substituted for the word “shall” in the second sentence.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (b). Pub. L. 115–91 inserted “, subject to such limitations as the President may prescribe by regulation” before period at end. 2016—Pub. L. 114–328 designated existing provisions as subsec. (a), substituted “may be adjudged” for “may be approved” in second sentence, struck out at end “If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.”, and added subsecs. (b) and (c). 1992—Pub. L. 102–484 substituted “approved” for “imposed” in second sentence and inserted “approved” before last reference to “sentence” in third sentence. 1983—Pub. L. 98–209 struck out subsec. (a) which provided that if the convening authority disapproved the findings and sentence of a court-martial he could, except where there was lack of sufficient evidence in the record to support the findings, order a rehearing, stating the reasons for disapproval, and that if he disapproved the findings without reordering a rehearing, he had to dismiss the charges, and redesignated former subsec. (b) as entire section, and, as so redesignated, inserted “under this chapter” after “Each rehearing”, and inserted provision that if the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1992 AmendmentAmendment by Pub. L. 102–484 effective Oct. 23, 1992, and applicable with respect to offenses committed on or after that date, see section 1067 of Pub. L. 102–484, set out as a note under section 803 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "864"
|
||||
citation: "10 U.S.C. § 864"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 864 - Art. 64. Judge advocate review of finding of guilty in summary court-martial
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate’s review shall be in writing and shall contain the following:
|
||||
|
||||
(1) Conclusions as to whether—
|
||||
|
||||
(A) the court had jurisdiction over the accused and the offense;
|
||||
|
||||
(B) the charge and specification stated an offense; and
|
||||
|
||||
(C) the sentence was within the limits prescribed as a matter of law.
|
||||
|
||||
(2) A response to each allegation of error made in writing by the accused.
|
||||
|
||||
(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
|
||||
|
||||
(b) Record.— The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if—
|
||||
|
||||
(1) the judge advocate who reviewed the case recommends corrective action; or
|
||||
|
||||
(2) such action is otherwise required by regulations of the Secretary concerned.
|
||||
|
||||
(c) (1) The person to whom the record of trial and related documents are sent under subsection (b) may—
|
||||
|
||||
(A) disapprove or approve the findings or sentence, in whole or in part;
|
||||
|
||||
(B) remit, commute, or suspend the sentence in whole or in part;
|
||||
|
||||
(C) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
|
||||
|
||||
(D) dismiss the charges.
|
||||
|
||||
(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges.
|
||||
|
||||
(3) If the opinion of the judge advocate in the judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Judge Advocate General for review under section 869 of this title (article 69).
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, § 7(a)(1), Dec. 6, 1983, 97 Stat. 1401; Pub. L. 114–328, div. E, title LIX, § 5328, Dec. 23, 2016, 130 Stat. 2929; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(I), Dec. 12, 2017, 131 Stat. 1598.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 86450:651.May 5, 1950, ch. 169, § 1 (Art. 64), 64 Stat. 128. The word “may” is substituted for the word “shall”. The word “is” is substituted for the words “shall constitute”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (a). Pub. L. 115–91 substituted “(a) In General.—” for “(a) (a) In General.—”. 2016—Pub. L. 114–328, § 5328(b)(1), substituted “Judge advocate review of finding of guilty in summary court-martial” for “Review by a judge advocate” in section catchline. Subsec. (a). Pub. L. 114–328, § 5328(a), inserted subsec. (a) designation, heading, and first two sentences, and struck out former first two sentences which read as follows: “Each case in which there has been a finding of guilty that is not reviewed under section 866 or 869(a) of this title (article 66 or 69(a)) shall be reviewed by a judge advocate under regulations of the Secretary concerned. A judge advocate may not review a case under this subsection if he has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense.” Subsec. (b). Pub. L. 114–328, § 5328(b)(2)(A), inserted heading. Subsec. (b)(2), (3). Pub. L. 114–328, § 5328(b)(2)(B)–(D), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “the sentence approved under section 860(c) of this title (article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or”. Subsec. (c)(3). Pub. L. 114–328, § 5328(b)(3), substituted “section 869 of this title (article 69).” for “section 869(b) of this title (article 69(b)).” 1983—Pub. L. 98–209 amended section generally, substituting “Review by a judge advocate” for “Approval by the convening authority” in section catchline, and, in text, substituting provisions relating to review by a judge advocate for provision that in acting on the findings and sentence of a court-martial, the convening authority could approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he found correct in law and fact and as he in his discretion determined should be approved, and that unless he indicated otherwise, approval of the sentence was approval of the findings and sentence.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
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|
||||
---
|
||||
type: "LegalText"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "865"
|
||||
citation: "10 U.S.C. § 865"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 865 - Art. 65. Transmittal and review of records
|
||||
|
||||
## Text
|
||||
|
||||
(a) Transmittal of Records.— (1) Finding of guilty in general or special court-martial.— If the judgment of a general or special court-martial entered under section 860c of this title (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General.
|
||||
|
||||
(2) Other cases.— In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.
|
||||
|
||||
(b) Cases for Direct Appeal.— (1) Automatic review.— If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward—
|
||||
|
||||
(A) the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)); and
|
||||
|
||||
(B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals.
|
||||
|
||||
(2) Cases eligible for direct appeal review.— (A) In general.— If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused—
|
||||
|
||||
(i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and to represent the accused before the Court of Criminal Appeals; and
|
||||
|
||||
(ii) forward a copy of the record of trial to civilian counsel provided by the accused.
|
||||
|
||||
(B) Inapplicability.— Subparagraph (A) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61).
|
||||
|
||||
(c) Notice of Right to Appeal.— (1) In general.— The Judge Advocate General shall provide notice to the accused of the right to file an appeal under section 866(b)(1) of this title (article 66(b)(1)) by means of depositing in the United States mails for delivery by first class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in the official service record of the accused.
|
||||
|
||||
(2) Inapplicability upon waiver of appeal.— Paragraph (1) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61).
|
||||
|
||||
(d) Review by Judge Advocate General.— (1) By whom.— A review conducted under this subsection may be conducted by an attorney within the Office of the Judge Advocate General or another attorney designated under regulations prescribed by the Secretary concerned.
|
||||
|
||||
(2) Review of cases not eligible for direct appeal.— (A) In general.— A review under subparagraph (B) shall be completed in each general and special court-martial that is not eligible for direct appeal under paragraph (1) or (3) of section 866(b) of this title (article 66(b)).
|
||||
|
||||
(B) Scope of review.— A review referred to in subparagraph (A) shall include a written decision providing each of the following:
|
||||
|
||||
(i) A conclusion as to whether the court had jurisdiction over the accused and the offense.
|
||||
|
||||
(ii) A conclusion as to whether the charge and specification stated an offense.
|
||||
|
||||
(iii) A conclusion as to whether the sentence was within the limits prescribed as a matter of law.
|
||||
|
||||
(iv) A response to each allegation of error made in writing by the accused.
|
||||
|
||||
(3) Review when direct appeal is waived, withdrawn, or not filed.— (A) In general.— A review under subparagraph (B) shall be completed in each general and special court-martial if—
|
||||
|
||||
(i) the accused waives the right to appeal or withdraws appeal under section 861 of this title (article 61); or
|
||||
|
||||
(ii) the accused does not file a timely appeal in a case eligible for direct appeal under subparagraph (A), (B), or (C) of section 866(b)(1) of this title (article 66(b)(1)).
|
||||
|
||||
(B) Scope of review.— A review referred to in subparagraph (A) shall include a written decision limited to providing conclusions on the matters specified in clauses (i), (ii), and (iii) of paragraph (2)(B).
|
||||
|
||||
(e) Remedy.— (1) In general.— If after a review of a record under subsection (d), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the Judge Advocate General, who may set aside the findings or sentence, in whole or in part.
|
||||
|
||||
(2) Rehearing.— In setting aside findings or sentence, the Judge Advocate General may order a rehearing, except that a rehearing may not be ordered in violation of section 844 of this title (article 44).
|
||||
|
||||
(3) Remedy without rehearing.— (A) Dismissal when no rehearing ordered.— If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
|
||||
|
||||
(B) Dismissal when rehearing impracticable.— (i) In general.— Subject to clause (ii), if the Judge Advocate General sets aside findings and orders a rehearing and the convening authority determines that a rehearing would be impractical, the convening authority shall dismiss the charges.
|
||||
|
||||
(ii) Cases referred by special trial counsel.— If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90–179, § 1(6), Dec. 8, 1967, 81 Stat. 546; Pub. L. 90–632, § 2(26), Oct. 24, 1968, 82 Stat. 1341; Pub. L. 96–513, title V, § 511(25), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 98–209, § 6(d)(1), Dec. 6, 1983, 97 Stat. 1401; Pub. L. 114–328, div. E, title LIX, § 5329, Dec. 23, 2016, 130 Stat. 2930; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(J), Dec. 12, 2017, 131 Stat. 1598; Pub. L. 117–81, div. A, title V, § 539A(a), Dec. 27, 2021, 135 Stat. 1698; Pub. L. 118–159, div. A, title V, § 563, Dec. 23, 2024, 138 Stat. 1903.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 865(a)865(b)50:652(a).50:652(b).May 5, 1950, ch. 169, § 1 (Art. 65), 64 Stat. 128. 865(c)50:652(c). In subsection (b), the word “If” is substituted for the word “Where”. In subsections (a) and (b), the words “send” and “sent” are substituted for the words “forward” and “forwarded”, respectively. In subsection (c), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2024—Subsec. (b)(1). Pub. L. 118–159, § 563(1), substituted “forward—” for “forward”, inserted subpar. (A) designation before “the record”, and added subpar. (B). Subsec. (b)(2)(A). Pub. L. 118–159, § 563(2)(A)(i), substituted “shall, upon written request of the accused” for “shall” in introductory provisions. Subsec. (b)(2)(A)(i). Pub. L. 118–159, § 563(2)(A)(ii), struck out “, upon request of the accused,” after “review the case and”. Subsec. (b)(2)(A)(ii). Pub. L. 118–159, § 563(2)(A)(iii), struck out “upon written request of the accused,” before “forward a copy”. Subsec. (b)(2)(B). Pub. L. 118–159, § 563(2)(B), substituted “accused” for “accused—”, struck out cl. (i) designation before “waives”, and struck out cl. (ii) which read as follows: “declines in writing the detailing of appellate defense counsel under subparagraph (A)(i).” 2021—Subsec. (e)(3)(B). Pub. L. 117–81 substituted “impracticable” for “impractical” in subpar. heading, designated existing provisions as cl. (i), inserted cl. (i) heading, substituted “Subject to clause (ii), if the Judge Advocate General” for “If the Judge Advocate General” and “impracticable” for “impractical”, and added cl. (ii). 2017—Subsec. (b)(1). Pub. L. 115–91 substituted “section 866(b)(3) of this title (article 66(b)(3))” for “section 866(b)(2) of this title (article 66(b)(2))”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to disposition of records. 1983—Pub. L. 98–209 amended section generally, substituting “Disposition of records” for “Disposition of records after review by the convening authority” in section catchline, and, in text, substituting provisions relating to disposition of records for prior provisions relating to disposition of records that required when the convening authority had taken final action in a general court-martial case, he had to send the entire record, including his action thereon and the opinion or opinions of the staff judge advocate or legal officer, to the appropriate Judge Advocate General, required that where sentences of special courts-martial included a bad-conduct discharge, the record had to be sent for review either to the officer exercising general court-martial jurisdiction over the command to be reviewed or directly to the appropriate Judge Advocate General to be reviewed by a Court of Military Review, and required that all other special and summary court-martial records had to be reviewed by a judge advocate of the Army, Navy, Air Force, or Marine Corps, or a law specialist or lawyer of the Coast Guard or Department of Transportation, and had to be transmitted and disposed of as the Secretary concerned might prescribe by regulation. 1980—Subsec. (c). Pub. L. 96–513 substituted “Department of Transportation” for “Department of the Treasury”. 1968—Subsec. (b). Pub. L. 90–632 substituted “Court of Military Review” for “board of review” wherever appearing. 1967—Subsec. (c). Pub. L. 90–179 inserted reference to judge advocate of the Marine Corps and substituted reference to judge advocate of the Navy for reference to law specialist of the Navy.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 867a"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "867a"
|
||||
citation: "10 U.S.C. § 867a"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 867a - Art. 67a. Review by the Supreme Court
|
||||
|
||||
## Text
|
||||
|
||||
(a) Decisions of the United States Court of Appeals for the Armed Forces are subject to review by the Supreme Court by writ of certiorari as provided in section 1259 of title 28.
|
||||
|
||||
(b) The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28.
|
||||
|
||||
(Added Pub. L. 101–189, div. A, title XIII, § 1301(b), Nov. 29, 1989, 103 Stat. 1569; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5332, Dec. 23, 2016, 130 Stat. 2935; Pub. L. 118–31, div. A, title V, § 533(a)(2)(A), Dec. 22, 2023, 137 Stat. 261.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (a). Pub. L. 118–31 struck out at end “The Supreme Court may not review by a writ of certiorari under this section any action of the United States Court of Appeals for the Armed Forces in refusing to grant a petition for review.” 2016—Subsec. (a). Pub. L. 114–328 inserted “United States” before “Court of Appeals” in second sentence. 1994—Subsec. (a). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” in two places.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2023 AmendmentPub. L. 118–31, div. A, title V, § 533(b), Dec. 22, 2023, 137 Stat. 261, provided that: “(1) In general.—The amendments made by subsection (a) [amending this section and sections 1259 and 2101 of Title 28, Judiciary and Judicial Procedure] shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 22, 2023] and shall apply with respect to any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review submitted to such Court for the first time on or after such effective date. “(2) Inapplicability to pending decisions.—With respect to a petition submitted to the United States Court of Appeals for the Armed Forces before the effective date specified in paragraph (1) and on which the Court has not taken action as of such date, the provisions of the United States Code amended by subsection (a) shall apply as if such amendments had not been enacted. Any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant such a petition is final and conclusive. “(3) Finality of decisions before effective date.—Any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review before the effective date specified in paragraph (1) is final and conclusive. “(4) Rules required.—The Supreme Court shall prescribe rules to carry out section 2101(g) of title 28, United States Code, as amended by subsection (a)(2)(B) of this section, by not later than the effective date specified in paragraph (1).”
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
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|
||||
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|
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||||
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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 868 - Art. 68. Branch offices
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary concerned may direct the Judge Advocate General to establish a branch office with any command. The branch office shall be under an Assistant Judge Advocate General who, with the consent of the Judge Advocate General, may establish a Court of Criminal Appeals with one or more panels. That Assistant Judge Advocate General and any Court of Criminal Appeals established by him may perform for that command under the general supervision of the Judge Advocate General, the respective duties which the Judge Advocate General and a Court of Criminal Appeals established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the President.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 61; Pub. L. 90–632, § 2(29), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103–337, div. A, title IX, § 924(c)(2), Oct. 5, 1994, 108 Stat. 2831.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 86850:655.May 5, 1950, ch. 169, § 1 (Art. 68), 64 Stat. 130. The word “considers” is substituted for the word “deems”. The word “may” is substituted for the words “shall be empowered to”. The word “respective” is inserted for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” wherever appearing. 1968—Pub. L. 90–632 substituted the Secretary concerned for the President as the individual authorized to direct the Judge Advocate General to establish a branch office under an Assistant Judge Advocate General with any command and substituted “Court of Military Review” for “board of review” as the name of the body established by the Assistant Judge Advocate General in charge of the branch office.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
File diff suppressed because one or more lines are too long
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||||
---
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||||
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||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 870 - Art. 70. Appellate counsel
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Judge Advocate General shall detail in his office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 27(b)(1)).
|
||||
|
||||
(b) Appellate Government counsel shall represent the United States before the Court of Criminal Appeals or the Court of Appeals for the Armed Forces when directed to do so by the Judge Advocate General. Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.
|
||||
|
||||
(c) Appellate defense counsel shall represent the accused before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court—
|
||||
|
||||
(1) when requested by the accused;
|
||||
|
||||
(2) when the United States is represented by counsel; or
|
||||
|
||||
(3) when the Judge Advocate General has sent the case to the Court of Appeals for the Armed Forces.
|
||||
|
||||
(d) The accused has the right to be represented before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court by civilian counsel if provided by him.
|
||||
|
||||
(e) Military appellate counsel shall also perform such other functions in connection with the review of court martial cases as the Judge Advocate General directs.
|
||||
|
||||
(f) To the greatest extent practicable, in any capital case, at least one defense counsel under subsection (c) shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90–632, § 2(31), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98–209, § 10(c)(3), Dec. 6, 1983, 97 Stat. 1406; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5334, Dec. 23, 2016, 130 Stat. 2936.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 870(a)870(b)50:657(a).50:657(b).May 5, 1950, ch. 169, § 1 (Art. 70), 64 Stat. 130. 870(c)50:657(c). 870(d)50:657(d). 870(e)50:657(e). In subsection (a), the word “detail” is substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense. The word “commissioned” is inserted for clarity. The word “are” is substituted for the words “shall be”. The words “the provisions of” are omitted as surplusage. In subsections (b) and (c), the word “shall” is substituted for the words “It shall be the duty of * * * to”. In subsection (c)(3), the word “sent” is substituted for the word “transmitted”. In subsection (d), the word “has” is substituted for the words “shall have”. In subsection (e), the word “directs” is substituted for the words “shall direct”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (f). Pub. L. 114–328 added subsec. (f). 1994—Subsecs. (b) to (d). Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals” wherever appearing. 1983—Subsec. (b). Pub. L. 98–209, § 10(c)(3)(A), inserted provision that Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General. Subsecs. (c), (d). Pub. L. 98–209, § 10(c)(3)(B), amended subsecs. (c) and (d) generally, inserting references to the Supreme Court. 1968—Subsecs. (b) to (d). Pub. L. 90–632 substituted “Court of Military Review” for “board of review” wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,37 @@
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 871 - Repealed. Pub. L. 114–328, div. E, title LVIII, § 5302(b)(2), Dec. 23, 2016, 130 Stat. 2923]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90–632, § 2(32), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98–209, § 5(e), Dec. 6, 1983, 97 Stat. 1399; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 113–66, div. A, title XVII, § 1702(c)(2), Dec. 26, 2013, 127 Stat. 957, related to execution and suspension of various types of sentences.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
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|
||||
---
|
||||
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|
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 872 - Art. 72. Vacation of suspension
|
||||
|
||||
## Text
|
||||
|
||||
(a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires.
|
||||
|
||||
(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer exercising general court-martial jurisdiction vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 857 of this title (article 57). The vacation of the suspension of a dismissal is not effective until approved by the Secretary concerned.
|
||||
|
||||
(c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 114–328, div. E, title LIX, § 5335, Dec. 23, 2016, 130 Stat. 2936.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 872(a)872(b)50:659(a).50:659(b).May 5, 1950, ch. 169, § 1 (Art. 72), 64 Stat. 131. 872(c)50:659(c). In subsection (a), the word “Before” is substituted for the words “Prior to”. In subsection (b), the words “be effective * * * to” are omitted as surplusage. The second sentence is restated to make it clear that the execution of the rest of the court-martial sentence is not automatic. The word “is” is substituted for the words “shall * * * be” in the last sentence. The word “sent” is substituted for the word “forwarded”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (a). Pub. L. 114–328, § 5335(a), (b)(1), inserted “The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing.” after first sentence and substituted “if the probationer so desires” for “if he so desires” in last sentence. Subsec. (b). Pub. L. 114–328, § 5335(b)(2), substituted “If the officer exercising general court-martial jurisdiction” for “If he” and “section 857 of this title (article 57)” for “section 871(c) of this title (article 71(c))”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
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|
||||
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|
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||||
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|
||||
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|
||||
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|
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||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 873 - Art. 73. Petition for a new trial
|
||||
|
||||
## Text
|
||||
|
||||
At any time within three years after the date of the entry of judgment under section 860c of this title (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90–632, § 2(33), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5336, Dec. 23, 2016, 130 Stat. 2937.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 87350:660.May 5, 1950, ch. 169, § 1 (Art. 73), 64 Stat. 132. The words “the ground” are substituted for the word “grounds”. The words “as the case may be” are substituted for the word “respectively”, since the prescribed action is alternative, not distributive.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 substituted “three years after the date of the entry of judgment under section 860c of this title (article 60c)” for “two years after approval by the convening authority of a court-martial sentence”. 1994—Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals”. 1968—Pub. L. 90–632 extended time during which accused may petition Judge Advocate General for a new trial from 1 to 2 years and struck out provisions which limited right to petition for a new trial to cases of death, dismissal, a punitive discharge, or a year or more in confinement.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 to apply in the case of all court-martial sentences approved by the convening authority on or after, or not more than two years before Oct. 24, 1968, see section 4(c) of Pub. L. 90–632, set out as a note under section 801 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 874 - Art. 74. Remission and suspension
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary concerned and, when designated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the President. However, in the case of a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.
|
||||
|
||||
(b) The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, § 1048(a)(8), Dec. 28, 2001, 115 Stat. 1223.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 874(a)874(b)50:661(a).50:661(b).May 5, 1950, ch. 169, § 1 (Art. 74), 64 Stat. 132. In subsections (a) and (b), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2001—Subsec. (a). Pub. L. 107–107 inserted “that is adjudged for an offense committed after October 29, 2000” after “a sentence of confinement for life without eligibility for parole”. 2000—Subsec. (a). Pub. L. 106–398 inserted at end “However, in the case of a sentence of confinement for life without eligibility for parole, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2000 AmendmentPub. L. 106–398, § 1 [[div. A], title V, § 553(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125, provided that: “The amendment made by subsection (a) [amending this section] shall not apply with respect to a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed before the date of the enactment of this Act [Oct. 30, 2000].”
|
||||
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|
||||
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|
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|
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 875 - Art. 75. Restoration
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under such regulations as the President may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
|
||||
|
||||
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
|
||||
|
||||
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the President alone to such commissioned grade and with such rank as in the opinion of the President that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
|
||||
|
||||
(d) The President shall prescribe regulations, with such limitations as the President considers appropriate, governing eligibility for pay and allowances for the period after the date on which an executed part of a court-martial sentence is set aside.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 114–328, div. E, title LIX, § 5337, Dec. 23, 2016, 130 Stat. 2937.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 875(a)875(b)50:662(a).50:662(b).May 5, 1950, ch. 169, § 1 (Art. 75), 64 Stat. 132. 875(c)50:662(c). In subsections (b) and (c), the word “If” is substituted for the word “Where”. The word “imposed” is substituted for the word “sustained”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”. In subsection (c), the word “issue” is substituted for the word “issuance”. The word “commissioned” is inserted for clarity. The words “grade and with such rank” are substituted for the words “rank and precedence”, since a person is appointed to a grade, not a position of precedence, and the word “rank” is the accepted military word denoting the general idea of precedence. The words “the existence of a” are substituted for the word “position”. The word “receive” is omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (d). Pub. L. 114–328 added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Delegation of Functions For delegation to Secretary of Homeland Security of certain authority vested in President by this section, see section 2(b) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 876"
|
||||
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|
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 876 - Art. 76. Finality of proceedings, findings, and sentences
|
||||
|
||||
## Text
|
||||
|
||||
The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Secretary concerned as provided in section 874 of this title (article 74) and the authority of the President.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 64.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 87650:663.May 5, 1950, ch. 169, § 1 (Art. 76), 64 Stat. 132. The word “under” is substituted for the words “pursuant to”. The word “are” is substituted for the words “shall be”. The words “Secretary concerned” are substituted for the words “Secretary of a Department”.
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 876a - Art. 76a. Leave required to be taken pending review of certain court-martial convictions
|
||||
|
||||
## Text
|
||||
|
||||
Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under section 860c of this title (article 60c) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.
|
||||
|
||||
(Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95 Stat. 1087; amended Pub. L. 98–209, § 5(g), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 114–328, div. E, title LIX, § 5338, Dec. 23, 2016, 130 Stat. 2937.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 struck out “, as approved under section 860 of this title (article 60),” after “if the sentence” and substituted “of the entry of judgment under section 860c of this title (article 60c)” for “on which the sentence is approved under section 860 of this title (article 60)”. 1983—Pub. L. 98–209 substituted “under section 860 of this title (article 60)” for “under section 864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction” and “by the officer exercising general court-martial jurisdiction”, respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
|
||||
|
||||
Effective DateSection to take effect at end of 60-day period beginning on Nov. 20, 1981, to apply to each member whose sentence by court-martial is approved on or after Jan. 20, 1982, under section 864 or 865 of this title by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 (Pub. L. 98–209), or under section 860 of this title by the officer empowered to act on the sentence on or after that effective date, see section 7(a), (b)(1) of Pub. L. 97–81, set out as a note under section 706 of this title.
|
||||
@@ -0,0 +1,75 @@
|
||||
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|
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|
||||
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|
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 876b - Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment
|
||||
|
||||
## Text
|
||||
|
||||
(a) Persons Incompetent To Stand Trial.— (1) In the case of a person determined under this chapter to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority for that person shall commit the person to the custody of the Attorney General.
|
||||
|
||||
(2) The Attorney General shall take action in accordance with section 4241(d) of title 18.
|
||||
|
||||
(3) If at the end of the period for hospitalization provided for in section 4241(d) of title 18, it is determined that the committed person’s mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with section 4246 of such title.
|
||||
|
||||
(4) (A) When the director of a facility in which a person is hospitalized pursuant to paragraph (2) determines that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the Attorney General and to the general court-martial convening authority for the person. The director shall send a copy of the notification to the person’s counsel.
|
||||
|
||||
(B) Upon receipt of a notification, the general court-martial convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to this chapter. If the person is no longer subject to this chapter, the Attorney General shall take any action within the authority of the Attorney General that the Attorney General considers appropriate regarding the person.
|
||||
|
||||
(C) The director of the facility may retain custody of the person for not more than 30 days after transmitting the notifications required by subparagraph (A).
|
||||
|
||||
(5) In the application of section 4246 of title 18 to a case under this subsection, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed to refer to the general court-martial convening authority for that person. However, if the person is no longer subject to this chapter at a time relevant to the application of such section to the person, the United States district court for the district where the person is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the person.
|
||||
|
||||
(b) Persons Found Not Guilty by Reason of Lack of Mental Responsibility.— (1) If a person is found by a court-martial not guilty only by reason of lack of mental responsibility, the person shall be committed to a suitable facility until the person is eligible for release in accordance with this section.
|
||||
|
||||
(2) The court-martial shall conduct a hearing on the mental condition in accordance with subsection (c) of section 4243 of title 18. Subsections (b) and (d) of that section shall apply with respect to the hearing.
|
||||
|
||||
(3) A report of the results of the hearing shall be made to the general court-martial convening authority for the person.
|
||||
|
||||
(4) If the court-martial fails to find by the standard specified in subsection (d) of section 4243 of title 18 that the person’s release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect—
|
||||
|
||||
(A) the general court-martial convening authority may commit the person to the custody of the Attorney General; and
|
||||
|
||||
(B) the Attorney General shall take action in accordance with subsection (e) of section 4243 of title 18.
|
||||
|
||||
(5) Subsections (f), (g), and (h) of section 4243 of title 18 shall apply in the case of a person hospitalized pursuant to paragraph (4)(B), except that the United States district court for the district where the person is hospitalized shall be considered as the court that ordered the person’s commitment.
|
||||
|
||||
(c) General Provisions.— (1) Except as otherwise provided in this subsection and subsection (d)(1), the provisions of section 4247 of title 18 apply in the administration of this section.
|
||||
|
||||
(2) In the application of section 4247(d) of title 18 to hearings conducted by a court-martial under this section or by (or by order of) a general court-martial convening authority under this section, the reference in that section to section 3006A of such title does not apply.
|
||||
|
||||
(d) Applicability.— (1) The provisions of chapter 313 of title 18 referred to in this section apply according to the provisions of this section notwithstanding section 4247(j) of title 18.
|
||||
|
||||
(2) If the status of a person as described in section 802 of this title (article 2) terminates while the person is, pursuant to this section, in the custody of the Attorney General, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this chapter shall continue to apply to that person notwithstanding the change of status.
|
||||
|
||||
(Added Pub. L. 104–106, div. A, title XI, § 1133(a)(1), Feb. 10, 1996, 110 Stat. 464.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 104–106, div. A, title XI, § 1133(c), Feb. 10, 1996, 110 Stat. 466, provided that: “Section 876b of title 10, United States Code (article 76b of the Uniform Code of Military Justice), as added by subsection (a), shall take effect at the end of the six-month period beginning on the date of the enactment of this Act [Feb. 10, 1996] and shall apply with respect to charges referred to courts-martial after the end of that period.”
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
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|
||||
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|
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 877 - Art. 77. Principals
|
||||
|
||||
## Text
|
||||
|
||||
Any person punishable under this chapter who—
|
||||
|
||||
(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission; or
|
||||
|
||||
(2) causes an act to be done which if directly performed by him would be punishable by this chapter;
|
||||
|
||||
is a principal.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 87750:671.May 5, 1950, ch. 169, § 1 (Art. 77), 64 Stat. 134.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 878 - Art. 78. Accessory after the fact
|
||||
|
||||
## Text
|
||||
|
||||
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 87850:672.May 5, 1950, ch. 169, § 1 (Art. 78), 64 Stat. 134.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
text_hash: "5e53facbd5bb5c2cd6d86151180c375603bc503227e4c9a877cec8800d6fce38"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 879 - Art. 79. Conviction of offense charged, lesser included offenses, and attempts
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— An accused may be found guilty of any of the following:
|
||||
|
||||
(1) The offense charged.
|
||||
|
||||
(2) A lesser included offense.
|
||||
|
||||
(3) An attempt to commit the offense charged.
|
||||
|
||||
(4) An attempt to commit a lesser included offense, if the attempt is an offense in its own right.
|
||||
|
||||
(b) Lesser Included Offense Defined.— In this section (article), the term “lesser included offense” means—
|
||||
|
||||
(1) an offense that is necessarily included in the offense charged; and
|
||||
|
||||
(2) any lesser included offense so designated by regulation prescribed by the President.
|
||||
|
||||
(c) Regulatory Authority.— Any designation of a lesser included offense in a regulation referred to in subsection (b) shall be reasonably included in the greater offense.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 65; Pub. L. 114–328, div. E, title LX, § 5402, Dec. 23, 2016, 130 Stat. 2939.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 87950:673.May 5, 1950, ch. 169, § 1 (Art. 79), 64 Stat. 134.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 880"
|
||||
description: "Art. 80. Attempts"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "880"
|
||||
citation: "10 U.S.C. § 880"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s880"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "4a15364bdf5eb78a9f0d3cc0d9a21fa462f6a7baf6764c6197de351cfd1964bf"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "09d653f430497a67178229e39d6dd0c415267248e937e4d7937ebd08a4a2441c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 880 - Art. 80. Attempts
|
||||
|
||||
## Text
|
||||
|
||||
(a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
|
||||
|
||||
(b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
|
||||
|
||||
(c) Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 880(a)880(b)50:674(a).50:674(b).May 5, 1950, ch. 169, § 1 (Art. 80), 64 Stat. 134. 880(c)50:674(c). In subsection (a), the words “even though” are substituted for the word “but” for clarity.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 881"
|
||||
description: "Art. 81. Conspiracy"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "881"
|
||||
citation: "10 U.S.C. § 881"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s881"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "97f22e84a491029c53c552bf6abb8850f64982a1650e778e0fad69393ca1bd6f"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "f14eab18cc75538ba89d415a7025a0d64d9e4669e61295937e9ebc6bbdc3037f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 881 - Art. 81. Conspiracy
|
||||
|
||||
## Text
|
||||
|
||||
(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
|
||||
|
||||
(b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 109–366, § 4(b), Oct. 17, 2006, 120 Stat. 2631.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 88150:675.May 5, 1950, ch. 169, § 1 (Art. 81), 64 Stat. 134. The words “or persons” are omitted as surplusage, since under section 1 of title 1 words importing the singular may apply to several persons.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 882"
|
||||
description: "Art. 82. Soliciting commission of offenses"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "47"
|
||||
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
|
||||
section: "882"
|
||||
citation: "10 U.S.C. § 882"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s882"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "7b4fb970f66dd877c468c4ddab9b749ae90ea55f36bfb6de7060d21f7abaf9b5"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "e5fb082bad6655ebbfbc3909c780ab028d00e19d9ce3295cedfa204e5c3421f5"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 882 - Art. 82. Soliciting commission of offenses
|
||||
|
||||
## Text
|
||||
|
||||
(a) Soliciting Commission of Offenses Generally.— Any person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct.
|
||||
|
||||
(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before the Enemy.— Any person subject to this chapter who solicits or advises another to violate section 885 of this title (article 85), section 894 of this title (article 94), or section 899 of this title (article 99)—
|
||||
|
||||
(1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and
|
||||
|
||||
(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 114–328, div. E, title LX, § 5403, Dec. 23, 2016, 130 Stat. 2939; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(M), Dec. 12, 2017, 131 Stat. 1598.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 882(a)882(b)50:676(a).50:676(b).May 5, 1950, ch. 169, § 1, (Art. 82), 64 Stat. 134.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (b). Pub. L. 115–91 substituted “section 899” for “section 99” in introductory provisions. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to solicitation of desertion, mutiny, misbehavior before the enemy, or sedition.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
|
||||
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