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

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LegalText 10 U.S.C. § 949l Voting and rulings us united_states_code code_section 10 ARMED FORCES 47A MILITARY COMMISSIONS 949l 10 U.S.C. § 949l 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/s949l data/legal/raw/us/code/title-10/usc10.xml b60dede447c4e25ab2d94e4ff39252174fb498713401deea1fe950851dfbc41f 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 18eb82d4cc20af8cace4fa7daa719f4f1546e94d3062e105364fb0f53f50e89d 2026-07-04 official
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10 U.S.C. § 949l - Voting and rulings

Text

(a) Vote by Secret Written Ballot.— Voting by members of a military commission under this chapter on the findings and on the sentence shall be by secret written ballot.

(b) Rulings.— (1) The military judge in a military commission under this chapter shall rule upon all questions of law, including the admissibility of evidence and all interlocutory questions arising during the proceedings.

(2) Any ruling made by the military judge upon a question of law or an interlocutory question (other than the factual issue of mental responsibility of the accused) is conclusive and constitutes the ruling of the military commission. However, a military judge may change such a ruling at any time during the trial.

(c) Instructions Prior to Vote.— Before a vote is taken of the findings of a military commission under this chapter, the military judge shall, in the presence of the accused and counsel, instruct the members as to the elements of the offense and charge the members—

(1) that the accused must be presumed to be innocent until the accuseds guilt is established by legal and competent evidence beyond a 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 the accused must be acquitted;

(3) that, if there is 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 a reasonable doubt is upon the United States.

(Added Pub. L. 11184, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2589.)

Notes

Editorial Notes

Prior ProvisionsA prior section 949l, added Pub. L. 109366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2615, related to voting and rulings, prior to the general amendment of this chapter by Pub. L. 11184.