§ 5701. Governor and department may prescribe rules. (a) General rule.–Pretrial, trial and posttrial procedures, including modes of proof, in court-martial cases arising under this part and for courts of inquiry may be prescribed by the Governor or the department as delegated by the Governor, by regulations, which shall apply the principles of law and […]
§ 5702. Unlawfully influencing action of court. (a) General rule.–No authority convening a general, special or summary court-martial nor any other commanding officer or officer serving on the staff thereof shall censure, reprimand or admonish the court or any member, military judge or counsel thereof, with respect to the findings or sentence adjudged by the […]
§ 5703. Duties of trial counsel and defense counsel. (a) Trial counsel.–The trial counsel of a general or special court-martial shall prosecute in the name of the Commonwealth and shall, under the direction of the court, prepare the record of the proceedings. (b) Defense counsel.– (1) The accused has the right to be represented in […]
§ 5704. Sessions. (a) Proceedings in absence of members.–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 5606 (relating to service of charges), call the court into session without the presence of the […]
§ 5705. Continuances. The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
§ 5706. Challenges. (a) Challenges for cause.–The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause and shall not receive a challenge to more than […]
§ 5707. Oaths or affirmations. (a) General rule.–Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath […]
§ 5708. Statute of limitations. (a) Two-year limitation.–Except as otherwise provided in this part, a person subject to this part charged with any offense shall not be liable to be tried by court-martial or punished under section 5301 (relating to commanding officer’s nonjudicial punishment) if the offense was committed more than two years before the […]
§ 5709. Former jeopardy. (a) General rule.–No person subject to this part shall, without the person’s consent, be tried a second time for the same offense. Prosecution under this part shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the […]
§ 5710. Pleas of the accused. (a) Inadequacy or lack of pleading.–A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if, after arraignment before a court martial: (1) an accused makes an irregular pleading; (2) after a plea of guilty […]
§ 5711. Opportunity to obtain witnesses and other evidence. (a) General rule.–The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Governor or department may prescribe. (b) Issuance of process.–The following shall apply to issuance of process: (1) Process […]
§ 5712. Refusal to appear or testify. Any person not subject to this part who has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before […]
§ 5713. Contempts. A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign or gesture in his presence or who disturbs proceedings by any riot or disorder. The following punishments shall apply: (1) A person subject to this part may be punished for contempt by confinement […]
§ 5714. Depositions. (a) General rule.–At any time after charges have been signed, as provided in section 5601 (relating to charges and specifications), any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene […]
§ 5715. Admissibility of records of courts of inquiry. (a) Court-martial.–In any case not extending to the dismissal of a commissioned officer, the sworn testimony contained in the duly authenticated record of proceedings of a court of inquiry of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of […]
§ 5716. Voting and rulings. (a) Findings, sentences and challenges.–Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result […]
§ 5717. Number of votes required. (a) Conviction.–No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of accused) or by the concurrence of two-thirds of the members present at the time the vote is taken. (b) Other matters.–All other matters to be decided […]
§ 5718. Court to announce action. Every court-martial shall announce its findings and sentence to the parties as soon as determined.
§ 5719. Record of trial. (a) General and special courts-martial.–Each general and special courts-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 […]
§ 5720. Defense of lack of mental responsibility. (a) General rule.–It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or […]
