130.51 – Voting and Rulings.
§ 130.51. Voting and rulings. (a) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall in each case count the votes, […]
130.52 – Number of Votes Required.
§ 130.52. Number of votes required. (a) No person shall be convicted of any offense, except as provided in subdivision (b) of section 130.45 of this chapter, or by the concurrence of two-thirds of the members present at the time the vote is taken. (b) All sentences shall be determined by the concurrence of two-thirds […]
130.53 – Court to Announce Action.
§ 130.53. Court to announce action. Every court-martial shall announce its findings and sentence to the parties as soon as determined.
130.54 – Record of Trial.
§ 130.54. Record of trial. (a) 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 […]
130.55 – Cruel and Unusual Punishments Prohibited.
§ 130.55. Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, shall not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe […]
130.56 – Maximum Limits.
§ 130.56. Maximum limits. The punishment which a court-martial may direct for an offense shall not exceed the limits prescribed by this code.
130.57 – Effective Date of Sentences.
§ 130.57. Effective date of sentences. (a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date such sentence is approved by the convening […]
130.58 – Execution of Confinement.
§ 130.58. Execution of confinement. (a) Any sentence or punishment of confinement adjudged by a military court, whether or not such sentence or punishment includes discharge or dismissal, and whether or not such discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of […]
130.39 – Sessions.
§ 130.39. Sessions. (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 130.35 of this chapter, call the court into session without the presence of the members for the purpose of– (1) […]
130.40 – Continuances.
§ 130.40. Continuances. The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.