SUB CHAPTER 1.

GENERAL PROVISIONS

Article #
1. Definitions
2. Persons Subject to this document.
3. Jurisdiction to try certain personnel.
4. Dismissed officer's right to trial by court-martial.
5. Territorial applicability of this document.
6. Judge advocates and legal officers.
6a. Investigation and disposition of matters pertaining to the fitness of military judges.

ART. 1. DEFINITIONS

In this document:

(1) "Judge Advocate General" means, the Judge Advocates General of Star Fleet, United Federation of Planets.
(2) "Officer in Charge" means a member of Star Fleet designated as such by appropriate authority. 
(3) "Superior commissioned officer" means a commissioned officer superior in rank of command.
(4) "Cadet" means a cadet of the United Federation of Planets Star Fleet Academy, or other military training facility of the United Federation of Planets.
(5) "Military" refers to any or all of Star Fleet.
(6) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an official interest in the prosecution of the accused.
(7) "Military Judge" means an official of a general or special court-martial detailed in accordance with section 826 of this title (article 26).
(8) "Law specialist" means a commissioned officer of Star Fleet designated for special duty (law). 
(9) "Legal officer" means any commissioned officer of Star Fleet designated to perform legal duties for a command. 
(10) "Judge Advocate" means-- 
     (A) an officer of the Judge Advocate General's Corps;
     (B) an officer of Star Fleet who is designated as a law specialist.
(11) "Record", when used in connection with the proceedings of a court-martial means--
     (A) an official written transcript, written summary, or other writing relating to the proceedings: or
     (B) an official audiotape, videotape, holoprojection or similar material from which sound and visual images, depicting the proceedings may be reproduced. 

ART. 2.  PERSONS SUBJECT TO THIS DOCUMENT

(a) The following persons are subject to this document: 
     (1) Members of a regular component of Star Fleet, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their acceptance into Star Fleet; inductees from the time of their actual induction into Star Fleet; and other persons lawfully called or ordered into, or to duty in or for training in Star Fleet, from the dates when they are required by the terms of the call or order to obey it.
     (2) Cadets in any military training facility of the United Federation of Planets.
     (3) Members of a reserve component of Star Fleet while on inactive-duty training.
     (4) Retired members of a regular component of Star Fleet.
     (5) Retired members of a reserve component of Star Fleet who are receiving hospitalization or medical care.
     (6) Members of the Star Fleet Reserve and Star Fleet Marine Corps Reserve. 
     (7) Persons in custody of Star Fleet serving a sentence imposed by a court-martial. 
     (8) Members of the United Federation of Planets Administration, Health Service, and other organizations, when assigned to and serving with Star Fleet.
     (9) Prisoners of war in custody of Star Fleet.
     (10) In time of war, persons serving on or accompanying a Star Fleet vessel, starbase or outpost.
     (11) Persons serving with, employed by, or accompanying Star Fleet outside the United Federation of Planets established borders. 
     (12) Persons within an area reserved, acquired for use, or under direct control of the United Federation of Planets which is under the control of the Secretary of Star Fleet, and which is outside the United Federation of Planets established borders.
(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in Star Fleet shall be valid for purposes of jurisdiction under subsection (a) and change of status from civilian to member of Star Fleet shall be effective upon the taking of the oath of enlistment.
(c) Notwithstanding any other provision of law, a person serving with in Star Fleet who--
     (1) Submitted voluntarily to military authority;
     (2) met the mental competence and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submissions to military authority:
     (3) performed military duties: is subject to this document until such person's active service has been terminated in accordance with law or regulations promulgated by the Secretary of Star Fleet.
(d)
     (1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this document may be ordered to active duty involuntary for the purpose of- 
        (A) investigation under section 832 of this title (article 32); 
        (B) trial by court-martial; or 
        (C) non judicial punishment under section 815 of this title (article 15).
     (2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was 
        (A) on active duty; or 
        (B) on inactive-duty training.
     (3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by Star Fleet Command.
     (4) A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of Star Fleet.
     (5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary of Star Fleet, may not-- 
        (A) be sentenced to confinement; or 
        (B) be required to serve a punishment of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1)).

ART. 3. JURISDICTION TO TRY CERTAIN PERSONNEL

(a) Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this document, an offense against this document, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United Federation of Planets Member World, Colony, Territory, Protectorate, may be relieved from amenability to trial by court-martial by reason of the termination of that status.
(b) Each person discharged from Star Fleet  who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to trial by court-martial for all offense under this document committed before the fraudulent discharge.
(c) No person who has deserted from Star Fleet  may be relieved form amenability to the jurisdiction of this document by virtue of separation from any later period of service.
(d) A member of a reserve component who is subject to this document is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this document for an offense against this document committed during such period of active duty or inactive-duty training.

ART. 4. DISMISSED OFFICER'S RIGHT TO TRIAL BY COURT-MARTIAL

(a) If any commissioned officer, dismissed by order of the president, makes a written application for trial by court-martial setting forth under oath, that he has been wrongfully dismissed, Star Fleet Command , as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence prescribed  , as finally approved or affirmed, does not include dismissal or imprisonment, the Secretary of Star Fleetshall substitute for the dismissal ordered by Star Fleet Command  a form of discharge authorized for administrative issue.
(b) If Star Fleet Command  fails to convene a general court-martial within six months from the preparation of an application for trial under this article, the Secretary of Star Fleet shall substitute for the dismissal order by Star Fleet Command  a form of discharge authorized for administrative issue.
(c) If a discharge is substituted for a dismissal under this article, Star Fleet Command  alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of Star Fleet Command , that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as Star Fleet Command  may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
(d) If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of Star Fleet Command, he has no right to trial under this article.

ART. 5. TERRITORIAL APPLICABILITY OF THIS DOCUMENT

This document applies in all Member Worlds, Colonies, Territories, Protectorates, outposts and facilities of the United Federation of Planets.

ART. 6. JUDGE ADVOCATES AND LEGAL OFFICERS

(a) The assignment for duty of judge advocates shall be made upon the recommendation of the Judge Advocate General of Star Fleet.  The Judge Advocate General or senior members of his staff shall make frequent inspection in the field in supervision of the administration of military justice.
(b) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General.
(c) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as staff judge-advocate or legal officer to any reviewing authority upon the same case.
(d) A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the United Federation of Planets under section 973(*b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United Federation of Planets in civil and criminal cases.

ART. 6a. INVESTIGATION AND DISPOSITION OF MATTERS PERTAINING TO THE FITNESS OF MILITARY JUDGES.

(a) Star Fleet Command shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge to perform the duties of the judge's position, to the extent practicable, the procedures shall be uniform for all armed forces. 
(b) Star Fleet Command shall transmit a copy of the procedures prescribed pursuant to this section to the Committees on Star Fleet of the United Federation of Planents.

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