130.33 – Forwarding of Charges.
§ 130.33. Forwarding of charges. 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 through channels the charges, together with the investigation and allied papers, to the general court-martial convening authority. If the same is […]
130.34 – Advice of Staff Judge Advocate and Reference for Trial.
§ 130.34. Advice of staff judge advocate and reference for trial. (a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority shall not refer a charge to a general court-martial for trial unless he has found […]
130.35 – Service of Charges.
§ 130.35. Service of charges. 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 shall, against his objection, be brought to trial, or be required to participate […]
130.36 – Adjutant General May Prescribe Rules.
§ 130.36. Adjutant general may prescribe rules. The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the adjutant general by regulations issued pursuant to this chapter which shall, so far as he deems practicable, apply the forms and modes of procedure, the principles of law […]
130.37 – Unlawfully Influencing Action of Court.
§ 130.37. Unlawfully influencing action of court. (a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, shall censure, reprimand, or admonish such 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 […]
130.38 – Duties of Trial Counsel and Defense Counsel.
§ 130.38. Duties of trial counsel and defense counsel. (a) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings. (b) The accused shall have the right to be represented in his defense before […]
130.29 – Absent and Additional Members.
§ 130.29. Absent and additional members. (a) No member of a general or special court-martial shall be absent or excused after court has been assembled for the trial of the accused except for physical disability or as a result of a challenge or by order of the convening authority for good cause. (b) Whenever a […]
130.30 – Charges and Specifications.
§ 130.30. Charges and specifications. (a) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this chapter to administer oaths and shall state– (1) that the signer has personal knowledge of, or has investigated, the matter set forth therein; and (2) that the same […]
130.19 – Jurisdiction of Special Courts-Martial.
§ 130.19. Jurisdiction of special courts-martial. Subject to section 130.17, special courts-martial shall have jurisdiction to try persons subject to this code for any offense for which they may be punished by this code. Special courts-martial shall have the power to sentence to: confinement with hard labor for not exceeding one hundred days; fines not […]
130.20 – Jurisdiction of Summary Courts-Martial.
§ 130.20. Jurisdiction of summary courts-martial. (a) Subject to section 130.17, summary courts-martial shall have jurisdiction to try persons subject to this code, except officers and warrant officers, for any offense for which they may be punished by this code. (b) No persons with respect to whom courts-martial have jurisdiction shall be brought to trial […]