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

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LegalText 10 U.S.C. § 949i Pleas of the accused us united_states_code code_section 10 ARMED FORCES 47A MILITARY COMMISSIONS 949i 10 U.S.C. § 949i 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/s949i data/legal/raw/us/code/title-10/usc10.xml d6891b925c5b6d6d1ee84d2e5daea311410ce9d8de261bf5a5a2756bc0e1b477 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 8638c43318d7cc744261ef19ac1a3a04e430a478c2f3a7ed060528e77c7f669e 2026-07-04 official
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10 U.S.C. § 949i - Pleas of the accused

Text

(a) Plea of Not Guilty.— If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the military commission shall proceed as though the accused had pleaded not guilty.

(b) Finding of Guilt After Guilty Plea.— With respect to any charge or specification to which a plea of guilty has been made by the accused in a military commission under this chapter and accepted by the military judge, including a charge or specification that has been referred capital, a finding of guilty of the charge or specification may be entered by the military judge immediately without a vote by the members. The finding shall constitute the finding of the military commission unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.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) Pre-Trial Agreements.— (1) A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective.

(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.

(Added Pub. L. 11184, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587; amended Pub. L. 11281, div. A, title X, § 1030(b), Dec. 31, 2011, 125 Stat. 1570; Pub. L. 113291, div. A, title X, § 1071(f)(9), Dec. 19, 2014, 128 Stat. 3510.)

Notes

Editorial Notes

Prior ProvisionsA prior section 949i, added Pub. L. 109366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to pleas of the accused, prior to the general amendment of this chapter by Pub. L. 11184.

Amendments2014—Subsec. (b). Pub. L. 113291 substituted a comma for “,,” after “referred capital”. 2011—Subsec. (b). Pub. L. 11281, § 1030(b)(1), in the first sentence, inserted “, including a charge or specification that has been referred capital,” after “military judge”, “by the military judge” after “may be entered”, and “by the members” after “vote”. Subsec. (c). Pub. L. 11281, § 1030(b)(2), added subsec. (c).