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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 844 Art. 44. Former jeopardy us united_states_code code_section 10 ARMED FORCES 47 UNIFORM CODE OF MILITARY JUSTICE 844 10 U.S.C. § 844 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s844 data/legal/raw/us/code/title-10/usc10.xml 1319e3a401f174f2845868f822adff12f365f3f6fcf90600016ac61b69211471 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 6887419b1a7a3cf9674254fff67e409278bae58dbef20af5e6cc9bb26f8f3489 2026-07-04 official
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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. 114328, div. E, title LVII, § 5226, Dec. 23, 2016, 130 Stat. 2910; Pub. L. 11781, 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. 11781 inserted “or the special trial counsel” after “the convening authority” in two places. 2016—Subsec. (c). Pub. L. 114328 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. 11781 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. 11781, set out as a note under section 801 of this title.

Effective Date of 2016 AmendmentAmendment by Pub. L. 114328 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. 114328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.