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b CODE
OF JUSTICE Article 1: (a) "JAG - Judge Advocate
General" means, the Judge Advocate Generals of Starfleet, United Federation of
Planets. (b) "Officer in Charge"
means a member of Starfleet designated as such by appropriate authority. (c) "Superior commissioned
officer" means a commissioned officer superior in rank of command. (d) "Cadet" means a
cadet of the United Federation of Planets Starfleet Academy, or other military training
facility of the United Federation of Planets. (e) "Military" refers
to any or all of Starfleet. (f) "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. (g) "Military Judge"
means an official of a general or special court-martial detailed in accordance with
section 826 of this title (article 26). (h) "Law specialist"
means a commissioned officer of Starfleet designated for special duty (law). (i) "Legal officer"
means any commissioned officer of Starfleet designated to perform legal duties for a
command. (j) "Judge Advocate"
means-- (k) "Record", when used
in connection with the proceedings of a court-martial means-- -- Article 2: (a) The following persons are
subject to this document: (i) Members of a regular
component of Starfleet, including those awaiting discharge after expiration of their terms
of enlistment; volunteers from the time of their acceptance into Starfleet; inductees from
the time of their actual induction into Starfleet; and other persons lawfully called or
ordered into, or to duty in or for training in Starfleet, from the dates when they are
required by the terms of the call or order to obey it. (ii) Cadets in any military
training facility of the United Federation of Planets. (iii) Members of a reserve
component of Starfleet while on inactive-duty training. (iv) Retired members of a regular
component of Starfleet. (v) Retired members of a reserve
component of Starfleet who are receiving hospitalisation or medical care. (vi) Members of the Starfleet
Reserve and Starfleet Marine Corps Reserve. (vii) Persons in custody of
Starfleet serving a sentence imposed by a court-martial. (viii) Members of the United
Federation of Planets Administration, Health Service, and other organisations, when
assigned to and serving with Star Fleet. (ix) Prisoners of war in custody
of Starfleet. (x) In time of war, persons
serving on or accompanying a Starfleet vessel, Starbase or outpost. (xi) Persons serving with,
employed by, or accompanying Starfleet outside the United Federation of Planets
established borders. (xii) 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 Starfleet, 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 Starfleet
shall be valid for purposes of jurisdiction under subsection (a) and change of status from
civilian to member of Starfleet shall be effective upon the taking of the oath of
enlistment. (c) Notwithstanding any other
provision of law, a person serving with in Starfleet who-- (i) Submitted voluntarily to
military authority; (ii) 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: (iii) 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 Starfleet. (d) (i) 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 offence against
this document may be ordered to active duty involuntary for the purpose of- (1) investigation under section
832 of this title (article 32); (2) trial by court-martial; or (3) non judicial punishment under
section 815 of this title (article 15) (ii) A member of a reserve
component may not be ordered to active duty under paragraph, (1) except with respect to an
offence committed while the member was (iii) Authority to order a member
to active duty under paragraph (1) shall be exercised under
regulations prescribed by Starfleet Command. (iv) 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 Starfleet. (5) A member ordered to active
duty under paragraph (i), unless the order to active duty was approved by the Secretary of
Starfleet, may not-- Article 3: (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 offence 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
Starfleet 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 offence under
this document committed before the fraudulent discharge. (c) No person who has deserted
from Starfleet 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 offence against this document committed during such period of active
duty or inactive-duty training. Article 4: (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, Starfleet
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 offence 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 Starfleet shall substitute for the dismissal ordered by
Starfleet Command a form of discharge authorised for administrative issue. (b) If Starfleet 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 Starfleet shall substitute for the
dismissal order by Starfleet Command a form of discharge authorised for administrative
issue. (c) If a discharge is substituted
for a dismissal under this article, Starfleet Command alone may reappoint the officer to
such commissioned grade and with such rank as, in the opinion of Starfleet 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 Starfleet 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
Starfleet Command, he has no right to trial under this article. Article 5: This document applies in all
Member Worlds, Colonies, Territories, Protectorates, outposts and facilities of the United
Federation of Planets. Article 6: (a) The assignment for duty of
judge advocates shall be made upon the recommendation of the Judge Advocate General of
Starfleet. 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, defence counsel, assistant
defence 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. Article 6A: (a) Starfleet 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) Starfleet Command shall
transmit a copy of the procedures prescribed pursuant to this section to the Committees on
Starfleet of the United Federation of Planets. Article 7: (a) Apprehension is the taking of
a person into custody. (b) Any person authorised under
regulations governing Starfleet to apprehend persons subject to this document may do so
upon reasonable belief that an offence has been committed and that the person apprehended
committed it. (c) Commissioned officers,
warrant officers, petty officers, and non-commissioned officers have authority to quell
quarrels, frays and disorders among persons subject to this document who take part
therein. Article 8: Any civil officer having
authority to apprehend offenders under the laws of the United Federation of Planets or
it's Member Worlds, Colonies, Territories, Protectorates, outposts and facilities, may
summarily apprehend a deserter from Starfleet and deliver him into the custody of those
forces. Article 9: (a) Arrest is the restraint of a
person by an order, not imposed as a punishment for an offence, directing him to remain
within certain specified limits. Confinement is the physical restraint of a person. (b) An enlisted member may be
ordered into arrest or confinement by any commissioned officer by an order, oral or
written, delivered in person or through other persons subject to this document. A
commanding officer may authorise warrant officers, petty officers, or non-commissioned
officers to order enlisted members of his command or subject to his authority into arrest
or confinement. (c) A commissioned officer, a
warrant officer, or a civilian subject to this document or to trial there under may be
ordered into arrest or confinement only by a commanding officer to whose authority he is
subject, by an order, oral or written, delivered in person or by another commissioned
officer. The authority to order such persons into arrest or confinement may not be
delegated. (d) No person may be ordered into
arrest or confinement except for probable cause. (e) Nothing in this article
limits the authority of person s authorised to apprehend offenders to secure the custody
of an alleged offender until proper authority may be notified. Article 10: Any person subject to this
document charged with an offence under this document shall be ordered into arrest or
confinement, as circumstances may require; when any person subject to this document is
placed in arrest or confinement prior to trial, immediate steps shall be taken to inform
him of the specific wrong of which he is accused and to try him or to dismiss the charges
and release him. Article 11: No member of Starfleet may refuse
to receive or keep any prisoner committed to his charge by a commissioned officer of
Starfleet , when the committing officer furnishes a statement, signed by him, of the
offence charged against the prisoner. Article 12: No member of Starfleet may be
placed in confinement in immediate association with enemy prisoners or other foreign
nationals not members of Starfleet. Article 13: No person, while being held for
trial, may be subjected to punishment or penalty other than arrest or confinement upon the
charges pending against him, nor shall the arrest or confinement imposed upon him be any
more rigorous than the circumstances required to insure his presence, but he may be
subjected to minor punishment during that period for infractions of discipline. Article 14: (a) Under such regulations as the
Secretary of Starfleet may prescribe, a member of Starfleet accused of an offence against
civil authority may be delivered, upon request, to the civil authority for trial. (b) When delivery of a person
undergoing sentence of a court-martial is followed by conviction in a civil tribunal, the
execution of the sentence of the court-martial shall , upon the request of competent
military authority, be returned to military custody for the completion of his sentence
after having answered to the civil authorities for his offence. Article 15: (a) Under such regulations as
Starfleet Command may prescribe, and under such additional regulations as may be
prescribed by the Secretary of Starfleet, limitations may be placed on the powers granted
by this article with respect to the kind and amount of punishment authorised, the
categories of commanding officers and warrant officers exercising command authorised to
exercise those powers, the applicability of this article to an accused who demands trial
by court-martial, and the kinds of courts-martial to which the case may be referred upon
such a demand. However, except in the case of a member attached to or embarked in a
vessel, punishment may not be imposed upon any member of Starfleet under this article if
the member has, before the imposition of such punishment, demanded trial by court-martial
in lieu of such punishment. Under similar regulations, rules may be prescribed with
respect to the suspension of punishments authorised by regulations of the Secretary of
Starfleet, a commanding officer exercising general court-martial jurisdiction or an
officer of flag rank in command may delegate his powers under this article to a principal
assistant. (b) Subject to subsection (a) any
commanding officer may, in addition to or in lieu of reprimand, impose one or more of the
following disciplinary punishments for minor offences without the intervention of a
court-martial-- (1) upon officers of his
command-- (A) restriction to certain
specified limits, with or without suspension from duty, for not more that 30 consecutive
days; (i) arrest in quarters for not
more than 30 consecutive days; (2) upon other personnel of his
command-- (A) if imposed upon a person
attached to or embarked in a vessel, confinement on diminished rations for not more than
three consecutive days; (B) correctional custody for not
more than seven consecutive days; (C) reduction to the next
inferior pay grade; (D) extra duties, including
fatigue or other duties, for not more than 14 consecutive days; (E) restriction to certain
specified limits, with or without suspension from duty, for not more than 14 consecutive
days; (F) if imposed by an officer of
the grade of lieutenant commander, or above-- (i) the punishment authorised
under clause (A); No two or more of the punishments
of arrest in quarters, confinement, diminished rations, correctional custody, extra
duties, and restriction may be combined to run consecutively in the maximum amount
impossible for each. Whenever any of those punishments are combined to run consecutively,
there must be an period of at least 3 days between punishments. For the purpose of this
subsection, "correctional custody" is the physical restraint of a person during
duty or non-duty hours and may include extra duties, fatigue duties, or hard labour. If
practicable, correctional custody will not be served in immediate association with persons
awaiting trial or held in confinement pursuant to trial by court-martial. (c) An officer in charge may
impose upon enlisted members assigned to the unit of which he is in charge such of the
punishment authorised under subsection (b)(2)(A)-(G) as the Secretary of Starfleet may
specifically prescribe by regulation. (d) The officer who imposes the
punishment authorised in subsection (b), or his successor in command, may, at any time,
suspend probationally any part or amount of the unexecuted punishment imposed and may
suspend probationally a reduction in grade imposed under subsection (b), whether or not
executed. In addition, he may, at any time, remit or mitigate any part or amount of the
unexecuted punishment imposed and may set aside in whole or in part the punishment,
whether executed or unexecuted, and restore all rights, privileges and property affected.
He may also mitigate reduction in grade. When mitigating-- (1) arrest in quarters to
restriction; The mitigated punishment shall
not be for a greater period than the punishment mitigated. (e) A person punished under this
article who considers his punishment unjust or disproportionate to the offence may,
through proper channels, appeal to the next superior authority. The appeal shall be
promptly forwarded and decided, but the person punished may in the meantime be required to
undergo the punishment prescribed . The superior authority may exercise the same powers
with respect to punishment imposed as may be exercised under subsection (d) by the officer
who imposed the punishment. (1) arrest in quarters for more
than seven days; (f) The imposition and
enforcement of disciplinary punishment under this article for any act or omission is not a
bar to trial by court-martial for a serious crime or offence growing out of the same act
or omission, and not properly punishable under this article; but the fact that a
disciplinary punishment has been enforced may be shown by the accuse upon trial, and when
so shown shall be considered in determining the measure of punishment to be prescribed in
the event of a finding of guilty. (g) The Secretary of Starfleet
may, by regulation, prescribe the form of records to be kept under this article and may
also prescribe that certain categories of those proceedings shall be in writing. Article 16: The three kinds of courts-martial
in each of Starfleet are-- (1) general courts-martial,
consisting of-- (A) a military judge and not less
than three members; or (2) special courts-martial,
consisting of-- (A) not less than three members;
or (3) summary courts-martial,
consisting of one commissioned officer. Article 17: (a) The Judge Advocate General
has court-martial jurisdiction over all persons subject to this document in accordance
with regulations prescribed by Starfleet Command. (b) In all cases, there shall be
a departmental review which shall be held by an officer with authority to convene a
general court-martial, and shall be carried out by the department or corps of which the
accused is a member. Article 18: Subject to article 17, general
courts-martial have jurisdiction to try persons subject to this document for any offence
made punishable by this document and may, under such limitations as Starfleet Command may
prescribe, proscribe any punishment not forbidden by this document, including the penalty
of imprisonment when specifically authorised by this document. General courts-martial also
have jurisdiction to try any person who by the law of war is subject to trial by a
military tribunal and may proscribe any punishment permitted by the law of war. However, a
general court-martial of the kind specified in article 16(1)(B) shall not have
jurisdiction to try any person for any offence for which imprisonment may be prescribed
unless the case has been previously referred to trial as non-capital case. Article 19: Subject to article 17, special
courts-martial have jurisdiction to try persons subject to this document for any
non-capital offence made punishable by this document and, under such regulations as Star
Fleet Command may prescribe. Special courts-martial may, under such limitations as
Starfleet Command may prescribe, assign any punishment not forbidden by this document
except imprisonment, dishonourable discharge, dismissal, confinement for more than six
months, hard labour without confinement for more than three months, or reduction of more
than one rank. A bad-conduct discharge may not be prescribed unless a complete record of
the proceedings and testimony has been made, counsel having the qualifications prescribed
under article 27(b) was detailed to represent the accused, and a military judge was
detailed to the trial, except in any case in which a military judge could not be detailed
to the trial, the convening authority shall make a detailed written statement, to be
appended to the record, stating the reason or reasons a military judge could not be
detailed. Article 20: Subject to article 17, summary
courts-martial have jurisdiction to try persons subject to this document, except officers
and cadets, for any non-capital offence made punishable by this document. No person with
respect to whom summary courts- martial have jurisdiction may be brought to trial before a
summary court-martial if he objects. If objection to trial by summary court-martial is
made by an accused, trial may be ordered by special or general court-martial as may be
appropriate. Summary courts-martial may, under such limitations as Starfleet Command may
prescribe, assign any punishment not forbidden by this document except imprisonment,
dismissal, dishonourable or bad- conduct discharge, confinement for more than one month,
hard labour without confinement for more than 45 days, or restrictions to specified limits
for more than two months. Article 21: The provisions of this document
conferring jurisdiction upon courts-martial do not deprive military courts, or other
military tribunals of concurrent jurisdiction with respect to offenders or offences that
by statute or by the law of war may be tried by military courts, or other military
tribunals. Article 22: (a) General courts-martial may be
convened by-- (1) Starfleet Command of the
United Federation of Planets; (b) If any such commanding
officer is an accuser, the court shall be convened by superior competent authority, and
may in any case be convened by such authority if considered desirable by him. Article 23: (a) Special courts-martial may be
convened by-- (1) any person who may convene a
general court-martial; (b) If any such officer is an
accuser, the court shall be convened by superior competent authority, and may in any case
be convened by such authority if considered advisable by him. Article 24: (a) Summary courts-martial may be
convened by-- (1) any person who may convene a
general or special court-martial; (b) When only one commissioned
officer is present with a command or detachment he shall be the summary court-martial of
that command or detachment and shall hear and determine all summary court-martial cases
brought before him. Summary courts-martial may, however, be overturned by superior
competent authority upon review. Article 25: (a) Any commissioned officer on
active duty is eligible to serve on all courts-martial for the trial of any person who may
lawfully be brought before such courts for trial. (b) Any warrant officer on active
duty is eligible to serve on a special court-martial for the trial of any person, other
than a commissioned officer, who may lawfully be brought before such courts for trial. (c) (1) Any enlisted member of an
armed force on active duty who is not a member of the same unit as the accused is eligible
to serve on general and special courts-martial for the trial of any enlisted member of an
armed force who may lawfully be brought before such courts for trial, but he shall serve
as a member of a court only if, before the conclusion of a session called by the military
judge under article 39(a) prior to trial or, in the absence of such a session, before the
court is assembled for the trial of the accused, the accused personally has requested
orally on the record or in writing that enlisted members serve on it. After such a
request, the accused may not be tried by a general or special courts-martial the
membership of which does not include enlisted members in a number comprising at least
one-third of the total membership of the court, unless eligible enlisted members cannot be
obtained on account of physical conditions or military emergencies. If such members cannot
be obtained, the court may be assembled and the trial held without them, but the convening
authority shall make a detailed written statement, to be appended to the record, stating
why they could not be obtained. (2) In this article,
"unit" means any regularly organised body as defined by the Secretary of Star
Fleet, but in no case may it be a body larger than a company, squadron, ship's crew, or
body corresponding to one of them. (d)( No member of Starfleet may
be tried in a court-martial by any member of which is junior to him in rank or grade.) (e) Before a court-martial is
assembled for the trial of a case, the convening authority may excuse a member of the
court from participating in the case. Under such regulations as the Secretary of Starfleet
may prescribe, the convening authority may delegate his authority under this subsection to
his staff judge advocate or legal officer or to any other principal assistant. Article 26: (a) A military judge shall be
detailed to each general court-martial. Subject to regulations of the Secretary of
Starfleet, a military judge may be detailed to any special court-martial. The Secretary of
Starfleet shall prescribe regulations providing for the manner in which military judges
are detailed for such courts-martial and for the persons who are authorised to detail
military judges for such courts-martial. The military judge shall preside over each open
session of the court-martial in which he has been detailed. (b) A military judge shall be a
commissioned officer of Starfleet who is a member of the bar of a Federal court of the
United Federation of Planets, and who is certified to be qualified for duty as a military
judge by the Judge Advocate General of Starfleet. (c) The military judge of a
general court-martial shall be designated by the Judge Advocate General, or his designee
in accordance with regulations prescribed under subsection (a). Unless the court-martial
was convened by Starfleet Command or the Secretary of Starfleet, neither the convening
authority nor any member of his staff shall prepare or review any report concerning the
effectiveness, fitness, or efficiency of the military judge so detailed, which relates to
his performance of duty as a military judge. A commissioned officer who is certified to be
qualified for duty as a military judge of a general court-martial may perform such duties
only when he is assigned and directly responsible to the Judge Advocate General, or his
designee, and may perform duties of a judicial or non-judicial nature other than those
relating to his primary duty as a military judge of a general court-martial when such
duties are assigned to him by or with the approval of that Judge Advocate General or his
designee. (d) No person is eligible to act
as military judge in a case if he is the accuser or a witness for the prosecution or has
acted as investigating officer or a counsel in the same case. (e) The military judge of a
court-martial may not consult with the members of the court except in the presence of the
accused, trial counsel, and defence counsel, nor may he vote with the members of the
court. Article 27: (a)(1) Trial counsel and defence
counsel shall be detailed for each general and special court-martial. Assistant trial
counsel and assistant and associate defence counsel may be detailed for each general and
special court-martial. The Secretary of Starfleet shall prescribe regulations providing
for the manner in which counsel are detailed for such courts- martial and for the persons
who are authorised to detail counsel for such courts-martial. (b) Trial counsel or defence
counsel detailed for a general court-martial- - (1) must be a judge advocate who
is a graduate of an accredited law school or is a member of the bar of a Federal court of
the United Federation of Planets; or it's Member Worlds; and (c) In the case of a special
court-martial-- (1) the accused shall be afforded
the opportunity to be represented at the trial by counsel having the qualifications
prescribed under article 27(b) unless counsel having such qualifications cannot be
obtained on account of physical conditions or military emergencies. If counsel having such
qualifications cannot be obtained, the court may be convened and the trial held but the
convening authority shall make a detailed written statement, to be appended to the record,
stating why counsel with such qualifications could not be obtained; Article 28: Under such regulations as the
Secretary of Starfleet may prescribe, the convening authority of a court-martial, military
tribunal, or court of inquiry shall detail or employ qualified court reporters, who shall
record the proceedings of and testimony taken before that court or tribunal. Under like
regulations the convening authority of a court-martial, military commission, or court of
inquiry may detail or employ interpreters who shall interpret for the court or tribunal. Article 29: (a) No member of a general or
special court-martial may be absent or excused after the court has been assembled for the
trial of the accused unless excused as a result of challenge, excused by the military
judge for physical disability or other good cause, or excused by order of the convening
authority for good cause. (b) Whenever a general or special
court-martial, other than a court-marital composed of a military judge only, is reduced
below three members, the trial may not proceed unless the convening authority details new
members sufficient in number to provide not less than three members. The trial shall
proceed with the new members present as if no evidence had previously been introduced at
the trial, unless verbatim record of the evidence previously introduced before the members
of the court or a stipulation thereof is read to the court in the presence of the military
judge, if any, the accused and counsel for both sides. (c) If the military judge of a
court-martial composed of a military judge only is unable to proceed with the trial
because of physical disability, as a result of a challenge, or for other good cause, the
trial shall proceed, subject to any applicable conditions of article 16(1)(B) or (2)(C),
after the detail of a new military judge as if no evidence had previously been introduced,
unless a verbatim record of the evidence previously introduced or a stipulation thereof is
read in court in the presence of the new military judge, the accused, and counsel for both
sides. Article 30: (a) Charges and specifications
shall be signed by a person subject to this document under oath before a commissioned
officer of Starfleet authorised to administer oaths and shall state-- (1) that the signer has personal
knowledge of, or has investigated, the matters set forth therein; and (b) Upon the preferring of
charges, the proper authority shall take immediate steps to determine what disposition
should be made thereof in the interest of justice and discipline, and the person accused
shall be informed of the charges against him as soon as possible. Article 31: (a) No person subject to this
document may compel any person to incriminate himself or to answer any questions the
answer to which may tend to incriminate him. (b) No person subject to this
document may interrogate, or request any statement from an accused or a person suspected
of an offence without first informing him of the nature of the accusation and advising him
that he does not have to make any statement regarding the offence of which he is accused
or suspected and that any statement made by him may be used as evidence against him in a
trial by court-martial. (c) No person subject to this
document may compel any person to make a statement or produce evidence before any military
tribunal if the statement or evidence in not material to the issue and may tend to degrade
him. (d) No statement obtained from
any person in violation of this article, or through the use of coercion, unlawful
influence, or unlawful inducement may be received in evidence against him in a trial by
court-martial. Article 32: (a) No charge or specification
may be referred to a general court-martial for trial until a through and impartial
investigation of all the matters set forth therein has been made. This investigation shall
include inquiry as to the truth of the matter set forth in the charges, consideration of
the form of charges, and recommendation as to the disposition which should be made of the
case in the interest of justice and discipline. (b) The accused shall be advised
of the charges against him and of his right to be represented at that investigation as
provided in article 38 and in regulations prescribed under that section. At that
investigation full opportunity shall be given to the accused to cross-examine witnesses
against him if they are available and to present anything he may desire in his own behalf,
either in defence or mitigation, and the investigation officer shall examine available
witnesses requested by the accused. If the charges are forwarded after the investigation,
they shall be accompanied by a statement of the substance of the testimony taken on both
sides and a copy thereof shall be given to the accused. (c) If an investigation of the
subject matter of an offence has been conducted before the accused is charged with the
offence, and if the accused was present at the investigation and afforded the
opportunities for representation, cross-examination, and presentation prescribed in
subsection (b), no further investigation of that charge is necessary under this article
unless it is demanded by the accused after he is informed of the charge. A demand for
further investigation entitles the accused to recall witnesses for further
cross-examination and to offer any new evidence in his own behalf. (d) The requirements of this
article are binding on all persons administering this document but failure to follow them
does not constitute judicial error. Article 33: 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 possible, forward the charges, together with the
investigation and allied papers, to the officer exercising general court martial
jurisdiction. If that is not possible, he shall report in writing to that officer the
reasons for the delay. Article 34: (a) Before directing the trial of
any charge by general court-martial, the convening authority shall refer it to his staff
judge advocate for consideration and advice. The convening authority may not refer a
specification under a charge to a general court-martial for trial unless he has been
advised in writing by the staff judge advocate that-- (1) the specification alleges an
offence under this document; (b) The advice of the staff judge
advocate under subsection (a) with respect to a specification under a charge shall include
a written and signed statement by the staff judge advocate-- (1) expressing his conclusions
with respect to each matter set forth in subsection (a); and (c) If the charges or
specifications are not formally correct or do not conform to the substance of the evidence
contained in the report of the investigation officer, formal corrections, and such changes
in the charges and specifications as are needed to make them conform to the evidence, may
be made. Article 35: 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 may be
brought to trial or be required to participate by himself or counsel in a session called
by the military judge under article 39(a), in a general court-martial case within a period
of five days after the service of charges upon him or in a special court-martial within a
period of three days after the service of the charges upon him. Article 36: (a) Pre-trial, trial, and post
trial procedures, including modes of proof, for cases arising under this document triable
in courts-martial, and other military tribunals, and procedures for courts of inquiry, may
be prescribed by Starfleet Command by regulations which shall, so far as he considers
practicable, apply the principles of law and the rules of evidence generally recognised in
the trial of criminal cases in the United Federation of Planets district courts, but which
may not be contrary to or inconsistent with this document. (b) All rules and regulations
made under this article shall be uniform insofar as practicable and shall be reported to
the General Assembly of the United Federation of Planets. Article 37: (a) No authority convening a
general, special, or summary court-martial, nor any other commanding officer, may censure,
reprimand, or admonish the court or any member, military judge, or counsel thereof, with
respect to the findings or sentence prescribed by the court, or with respect to any other
exercises of its or his functions in the conduct of the proceedings. No person subject to
this document may attempt to coerce or, by any unauthorised means, influence the action of
a court-martial or any other military tribunal or any member thereof, in reaching the
findings or sentence in any case, or the action of any convening, approving, or reviewing
authority with respect to his judicial acts. The foregoing provisions of the subsection
shall not apply with respect to: (1) general instructional or
informational courses in military justice if such courses are designed solely for the
purpose of instructing members of a command in the substantive and procedural aspects of
courts-martial, or (2) to statements and
instructions given in open court by the military judge, president of a special
court-martial, or counsel. (b) In the preparation of an
effectiveness, fitness, or efficiency report on any other report or document used in whole
or in part for the purpose of determining whether a member of Starfleet is qualified to be
advanced, in grade, or in determining the assignment or transfer of a member of Starfleet
or in determining whether a member of Starfleet should be retained on active duty, no
person subject to this document may, in preparing any such report consider or evaluate the
performance of duty of any such member, as counsel, represented any accused before a
court-martial. Article 38: (a) The trial counsel of a
general or special court-martial shall prosecute in the name of the United Federation of
Planets, and shall, under the direction of the court, prepare the record of the
proceedings. (b) (1) The accused has the right
to be represented in his defence before a general or special court-martial or at an
investigation under article 32 as provided in this subsection. (A) by military counsel detailed
under article 27; or (c) In any court-martial
proceeding resulting in a conviction, the defence counsel- (1) may foreword for attachment
to the record of proceedings a brief of such matters as he determines should be considered
in behalf of the accused on review (including any objections to the contents of the record
which he considers appropriate); (d) An assistant trial counsel of
a general court-martial may, under the direction of the trial counsel or when he is
qualified to be a trial counsel as required by article 27, perform any duty imposed by
law, regulation, or the custom of the service upon the trial counsel of the court. An
assistant trial counsel of a special court-martial may perform any duty of the trial
counsel. (e) An assistant defence counsel
of a general or special court-martial may, under the direction of the defence counsel or
when he is qualified to be the defence counsel as required by article 27, perform any duty
imposed by law, regulation, or custom of the service upon counsel for the accused. Article 39: (a) At any time after the service
of charges which have been referred for trial by court-martial composed of a military
judge and members, the military judge may, subject to article 35, call the court into
session without the presence of the members for the purpose of-- (1) hearing and determining
motions raising defences or objections which are capable of determination without trial of
the issues raised by a plea of not guilty; (b) When the members of a
court-martial deliberate or vote, only the members may be present. All other proceedings,
including any other consultation of the members of the court with counsel or the military
judge, shall be made a part of the record and shall be in the presence of the accused, the
defence counsel, the trial counsel, and in cases in which a military judge has been
detailed to the court, the military judge. Article 40: 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. Article 41: (a) 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, or if none, the court,
shall determine the relevance and validity of the challenges for cause, and may not
receive a challenge to more than one person at a time. Challenges by the trial counsel
shall ordinarily be presented and decided before those by the accused are offered. (b) Each accused and the trial
counsel is entitled to one pre-emptory challenge, but the military judge may not be
challenged except for cause. Article 42: (a) Before performing their
respective duties, military judges, members of general and special courts-martial, trial
counsel, assistant trial counsel, defence counsel, assistant or associate defence counsel,
reporters, and interpreters shall take an oath to perform their duties faithfully. The
form of the oath, the time and place of the taking thereof, the manner of recording the
same, and whether the oath shall be taken for all cases in which these duties are to be
performed or for a particular case, shall be as prescribed in regulations of the Secretary
of Starfleet. These regulations may provide that an oath to perform faithfully duties as a
military judge, trial counsel, assistant trial counsel, defence counsel, or assistant or
associate defence counsel may be taken at any time by any judge advocate or other person
certified to be qualified or competent for duty, and if such an oath is taken it need not
again be taken at the time the judge advocate, or other person is detailed to that duty. (b) Each witness before a
court-martial shall be examined on oath. Article 43: (a) A person charged with absence
without leave or missing movement in time of war, or offence which violates a Starfleet
Directive, may be tried at any time without limitation. (b) (1) Except as otherwise
provided in this section (article), a person charged with an offence is not liable to be
tried by court-martial if the offence was committed more than five years before the
receipt of sworn charges and specifications by an officer exercising summary court-martial
jurisdiction over the command. (c) Periods in which the accused
is absent without authority or fleeing from justice shall be excluded in computing the
period of limitation prescribed in this article. (d) Periods in which the accused
was absent from territory in which the United Federation of Planets has the authority to
apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall
be excluded in computing the period of limitation prescribed in this article. (e) For an offence in time of war
the period of limitation prescribed in this article is extended to six months after the
termination of hostilities as proclaimed by Starfleet Command or by a resolution of the
General Assembly of the United Federation of Planets. (f) When the United Federation of
Planets is at war, the statute of limitations applicable to any offence under this
document-- (1) involving fraud or attempted
fraud against the United Federation of Planets or any agency thereof, whether by
conspiracy or not; is suspended until three years
after the termination of hostilities as proclaimed by Star Fleet Command or by a
resolution of the General Assembly of the United Federation of Planets. (g) (1) If charges or
specifications are dismissed or insufficient for any cause and the period prescribed by
the applicable statute of limitations-- (A) has expired; or (2) The conditions referred to in
paragraph (1) are that the new charges and specifications must-- (A) be received by an officer
exercising summary court-martial jurisdiction over the command within 180 days after
dismissal of the charges or specifications; and Article 44: (a) No person may, without his
consent, be tried a second time for the same offence. (b) No proceeding in which the
accused has been found guilty by court-martial upon any charge or specification is a trial
in the sense of this article until the finding of guilty has become final after review of
the case has been fully completed. (c) A proceeding which, after the
introduction of evidence but before a finding, is dismissed or terminated by the convening
authority or motion of the prosecution for failure of available evidence or witnesses
without any fault of the accused is a trial in the sense of this article. Article 45: (a) If an accused after
arraignment makes an irregular pleading, or after a plea of guilty sets up matter
inconsistent with the plea, or if it appears that he has entered the plea of guilty
through lack of understanding of its meaning and effect, or if he fails or refuses to
plead, a plea of not guilty shall be entered in the record, and the court shall proceed as
though he had pleaded not guilty. (b) A plea of guilty by the
accused may not be received to any charge or specification alleging an offence for which
imprisonment may be prescribed. With respect to any other charge or specification to which
a plea of guilty has been made by the accused and accepted by the military judge or by a
court-martial without a military judge, a finding of guilty of the charge or specification
may, if permitted by regulations of the Secretary of Starfleet, be entered immediately.
This finding shall constitute the finding of the court unless the plea of guilty is
withdrawn prior to announcement of the sentence, in which event the proceedings shall
continue as though the accused had pleaded not guilty. Article 46: The trial counsel, the defence
counsel, and the court-martial shall have equal opportunity to obtain witnesses and other
evidence in accordance with such regulations as Starfleet Command may prescribe. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall be similar to the courts of the Member Worlds,
Colonies, Territories, Protectorates, outposts and facilities of the United Federation of
Planets. Article 47: (a) Any person not subject to
this who-- (1) has been dully subpoenaed to
appear as a witness before a court-martial, military tribunal, court of inquiry, or any
other military court or board, or before any military or civil officer designated to take
a deposition to be read in evidence before such a court, tribunal, or board; and is guilty of an offence against
the United Federation of Planets. (b) Any person who commits an
offence named in subsection (a) shall be tried on the information in a United Federation
of Planets district court or in a court of jurisdiction in any of the Member Worlds,
Colonies, Territories, Protectorates, outposts and facilities of the United Federation of
Planets, and jurisdiction is conferred upon those courts for that purpose. Upon
conviction, such person shall be punished by a fine of not more than 500 Federation
Credits, or imprisonment for not more than six months, or both. (c) The United Federation of
Planets attorney or the officer prosecuting for the United Federation of Planets in any
such court of original criminal jurisdiction shall, upon the certification of the facts to
him by the military court, tribunal, court of inquiry, or board, file an information
against and prosecute any person violating this article. Article 48: A court-martial, provost court,
or military tribunal may punish for contempt any person who uses any menacing word, sign,
or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The
punishment may not exceed confinement for 30 days or a fine of 100 Federation Credits or
both. Article 49: (a) At any time after charges
have been signed as provided in article 30, any party may take oral or written depositions
unless the military judge or court-martial without a military judge hearing the case or,
if the case is not being heard, an attorney competent to convene a court-martial for the
trial of those charges forbids it for good cause. If a deposition is to be taken before
charges are referred for trial, such authority may designate commissioned officers to
represent the prosecution and the defence and may authorise those officers to take the
deposition of any witness. (b) The party at whose instance a
deposition is to be taken shall give to every other party reasonable written notice of the
time and place for taking the deposition. (c) Depositions may be taken
before and authenticated by any military or civilian authorised by the laws of the United
Federation of Planets or by the laws of the place where the deposition is taken to
administer oaths. (d) A duly authenticated
deposition taken upon reasonable notice to other parties, so far as otherwise admissible
under the rules of evidence, may be read in evidence or, in the case of audio tape,
videotape, holo-projection or similar material, may be played in evidence before any
military court or commission in any case not capital, or in any proceeding before a court
of inquiry or military board, if it appears-- (1) that the witness resides or
is beyond the boundaries of the United Federation of Planets, or beyond 1000 Light Years
from the place of trial or hearing; (e) Subject to subsection (d), a
deposition may be read in evidence or, in the case of audio tape, videotape,
holo-projection or similar material, may be played in evidence in any case. Article 50: (a) In any case not capital and
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
evidence, be read in evidence by any party before a court-martial or military commission
if the accused was a party before the court of inquiry and if the same issue was involved
or if the accused consents to the introduction of such evidence. (b) Such testimony may be read in
evidence only by the defence in capital cases extending to the dismissal of a commissioned
officer. (c) Such testimony may also be
read in evidence before a court of inquiry or a military board. Article 50A: (a) It is an affirmative defence
in a trial by court-martial that, at the time of the commission of the acts constituting
the offence, the accused, as a result of a sever mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of the acts. Mental disease or
defect does not otherwise constitute a defence. (b) The accused has the burden of
proving the defence of lack of mental responsibility by clear and convincing evidence. (c) Whenever lack of mental
responsibility of the accused with respect to an offence is properly at issue, the
military judge, or the president of the court-martial without a military judge, shall
instruct the members of the court as to the defence of lack of mental responsibility under
this section and shall charge them to find the accused-- (1) guilty; (d) Subsection (c) does not apply
to a court-martial composed of a military judge only. In the case of a court-martial
composed of a military judge only, whenever lack of mental responsibility of the accused
with respect to an offence is properly at issue, the military judge shall find the
accused-- (1) guilty; (e) Notwithstanding the provision
of article 52, the accused shall be found not guilty only by reason of lack of mental
responsibility if-- (1) a majority of the members of
the court-martial present at the time the vote is taken determines that the defence of
lack of mental responsibility has been established; or Article 51: (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
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 of the ballot to the members of
the court. (b) The military judge and,
except for questions of challenge, the president of a court-martial without a military
judge shall rule upon all questions of law and all questions arising during the
proceedings. Any such ruling made by the military judge upon any question of law or any
question other than the factual issue of mental responsibility of the accused, or by the
president of a court-martial without a military judge upon any question of law other than
a motion for a finding of not guilty, is final and constitutes the ruling of the court.
However, the military judge or the president of a court-martial without a military judge
may change his ruling at any time during the trial. Unless the ruling is final, if any
member objects thereto, the court shall be cleared and closed and the question decided by
a voice vote as provided in article 52, beginning with the junior in rank. (c) Before a vote is taken of the
findings, the military judge or the president of a court-martial without a military judge
shall, in the presence of the accused and counsel, instruct the members of the court as to
the elements of the offence and charge them-- (1) that the accused must be
presumed to be innocent until his guilt is established by legal and competent evidence
beyond reasonable doubt; (d) Subsections (a), (b), and (c)
do not apply to a court-martial composed of a military judge only. The military judge of
such a court- martial shall determine all questions of law and fact arising during the
proceedings, and, if the accused is convicted, prescribe an appropriate sentence. The
military judge of such a court-martial shall make a general finding and shall in addition
on request find the facts specially. If an opinion or memorandum of decision is field, it
will be sufficient if the findings of fact appear therein. Article 52: (a)(1) No person may be sentenced
by life imprisonment or to confinement for more than ten years, except by the concurrence
of three-fourths of the members at the time the vote is taken. (2) All other sentences shall be
determined by the concurrence of two- thirds of the members at the time the vote is taken. (b) All other questions to be
decided by the members of a general or special court-martial shall be determined by a
majority vote, but a determination to reconsider a finding of guilty or to reconsider a
sentence, with a view toward decreasing it, may be made by any lesser vote which indicates
that the reconsideration is not opposed by the number of votes required for that finding
or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a
motion for a finding of not guilty or on a motion relating to the question of the accused
sanity, is a determination against the accused. A tie vote on any other question is a
determination in favour of the accused. Article 53: A court-martial shall announce
its findings and sentence to the parties as soon as determined. Article 54: (a) Each general court-martial
shall deep 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
shall be authenticated by the signature of the trial counsel or by that of a member if the
trial counsel is unable to authenticate it by reason of his death, disability, or absence.
In a court-martial consisting of only a military judge the record shall be authenticated
by the court reporter under the same conditions which would impose such a duty on a member
under the subsection. (b) Each special and summary
court-martial shall keep a separate record of the proceedings in each case, and the record
shall be authenticated in the manner required by such regulations as Starfleet Command may
prescribe. (c) (1) A complete record of the
proceedings and testimony shall be prepared-- (A) in each general court-martial
case in which the sentence prescribed includes imprisonment, a dismissal, a discharge, or
(if the sentence prescribed does not include a discharge) or any other punishment which
exceeds that which may otherwise be prescribed by a special court-martial; and (2) In all other court-martial
cases, the record shall contain such matters as may be prescribed by regulations of
Starfleet Command (d) A copy of the record of the
proceedings of each general and special court-martial shall be given to the accused as
soon as it is authenticated. Article 55: Punishment by flogging, or by
branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may
not be prescribed by a court-martial or inflicted upon any person subject to this
document. The use of irons, single or double, except for the purpose of safe custody, is
prohibited. Article 56: The punishment which a
court-martial may direct for an offence may not exceed such limits as Starfleet Command
may prescribe for that offence. Article 57: (a) Any period of confinement
included in a sentence of a court-martial begins to run from the date the sentence is
prescribed by the court-martial, but periods during which the sentence to confinement is
suspended or deferred shall be excluded in computing the service of the term of
confinement. (b) All other sentences of
courts-martial are effective on the date ordered executed. (c) On application by an accused
who is under sentence to confinement that has not been ordered executed, the convening
authority, or, if the accused is no longer under his jurisdiction, the officer exercising
general court-martial jurisdiction over the command to which the accused is currently
assigned, may in his sole discretion defer service of the sentence to confinement. The
deferment shall terminate when the sentence is ordered executed. The deferment may be
rescinded at any time by the officer who granted it or, if the accused is no longer under
his jurisdiction, by the officer exercising general court-martial jurisdiction over the
command to which the accused is currently assigned. Article 58: (a) Under such instructions as
the Secretary of Starfleet may prescribe, a sentence of confinement prescribed by a
court-martial or other military tribunal, whether or not the sentence includes discharge
or dismissal, and whether or not the discharge or dismissal has been executed, may be
carried into execution by confinement in any place of confinement under the control of
Starfleet or in any penal or correctional institution under the control of the United
Federation of Planets, or which the United Federation of Planets may be allowed to use.
Persons so confined in a penal or correctional institution not under the control of
Starfleet are subject to the same discipline and treatment as persons confined or
committed by the courts of the United Federation of Planets, it's Member Worlds, Colonies,
Territories, Protectorates, outposts or facilities, or place in which the institution is
situated. (b) The omission of the words
"hard labour" from any sentence of a court- martial adjudging confinement does
not deprive the authority executing that sentence of the power to require hard labour as a
part of the punishment. Article 58A: (a) Unless otherwise provided in
regulations to be prescribed by the Secretary concerned, a court-martial sentence of an
enlisted member in pay grade above E-1, as approved by the convening authority, that
includes-- (1) a dishonourable or
bad-conduct discharge; (b) If the sentence of a member
who is reduced in grade under subsection (a) is set aside or disapproved, or, as finally
approved does not include any punishment named in subsection (a)(1), (2), or (3), the
rights and privileges of which he was deprived because of that reduction shall be restored
to him and he is entitled to the pay and allowances to which he would have been entitled
for the period the reduction was in effect, had he not been so reduced. Article 59: (a) A finding or sentence of
court-martial may not be held incorrect on the ground of an error of law unless the error
materially prejudices the substantial rights of the accused. (b) Any reviewing authority with
the power to approve a finding of guilty may uphold the finding or alter the finding to a
lesser offence after review of the error. Article 60: (a) The findings and sentence of
a court-martial shall be reported promptly to the convening authority after the
announcement of the sentence. (b) (1) the accused may submit to
the convening authority matters for consideration by the convening authority with respect
to the findings and the sentence. Except in a summary court-martial case, such a
submission shall be made within 10 days after the accused has been given an authenticated
record of trial and, if applicable, the recommendation of the staff judge advocate or
legal officer under subsection (d). (2) If the accused shows that
additional time is required for the accused to submit such matters, the convening
authority or other person taking action under this section, for good cause, may extend the
applicable period under paragraph (1) for not more than an additional 20 days. (3) In a summary court-martial
case, the accused shall be promptly provided a copy of the record of trial for use in
preparing a submission authorised by paragraph (1). (4) The accused may waive his
right to make a submission to the convening authority under paragraph (1). Such a waiver
must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the
time within which the accused may make a submission under this subsection shall be deemed
to have expired upon the submission of such a waiver to the convening authority. (c)(1) The authority under this
section to modify the findings and sentence of a court-martial is a matter of command
prerogative involving the sole discretion of the convening authority. Under regulations of
the Secretary concerned, a commissioned officer commanding for the time being, a successor
in command, or any person exercising general court-martial jurisdiction may act under this
section in place of the convening authority. (2) Action on the sentence of a
court-martial shall be taken by the convening authority or by another person authorised to
act under this section. Subject to regulations of the Secretary of Starfleet, such action
may be taken only after consideration of any matters submitted by the accused under
subsection (b) or after the time for submitting such matters expires, whichever is
earlier. The convening authority or other person taking such action, in his sole
discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part. (3) Action on the findings of a
court-martial by the convening authority or other person acting on the sentence is not
required. However, such person, in his sole discretion, may-- (A) dismiss any charge or
specification by setting aside a finding of guilty thereto; or (d) Before acting under this
section on any general court-martial case or any special court-martial case that includes
a bad-conduct discharge, the convening authority or other person taking action under this
section shall obtain and consider the written recommendation of his staff judge advocate
or legal officer. The convening authority or other person taking action under this section
shall refer the record of trial to his staff judge advocate or legal officer, and the
staff judge advocate or legal officer shall use such record in the preparation of his
recommendation. The recommendation of the staff judge advocate or legal officer shall
include such matters as Starfleet Command may prescribe by regulation and shall be served
on the accused, who may submit any matter in response under subsection (b). Failure to
object in the response to the recommendation or to any matter attached to the
recommendation waives the right to object thereto. (e)(1) The convening authority or
other person taking action under this section, in his sole discretion, may order a
proceeding in revision or a rehearing. (2) A proceeding in revision may
be ordered if there is an apparent error or omission in the record or if the record shows
improper or inconsistent action by a court-martial with respect to the findings or
sentence that can be rectified without material prejudice to the substantial rights of the
accused. In no case, however, may a proceeding in revision-- (A) reconsider a finding of not
guilty of any specification or a ruling which amounts to a finding of not guilty; (3) A rehearing may be ordered by
the convening authority or other person taking action under this section if he disapproves
the findings and sentence and states the reasons for disapproval of the findings. If such
a person disapproves the findings and sentence and does not order a rehearing, he shall
dismiss the charges. A rehearing as to the findings may not be ordered where there is a
lack of sufficient evidence in the record to support the findings. A rehearing as to the
sentence may be ordered if the convening authority or other person taken action under this
subsection disapproves the sentence. Article 61: (a) In each case subject to
appellate review under article 66 or 69(a), except a case in which the sentence as
approved under article 60(c) includes death, the accused may file with the convening
authority a statement expressly waving the right of the accused to such review. Such a
waiver shall be signed by both the accused and by defence counsel and must be filed within
10 days after the action under article 60(c) is served on the accused or on defence
counsel. The convening authority or other person taking such action, for good cause, may
extend the period for such filing by not more than 30 days. (b) Except in a case in which the
sentence as approved under article 60(c) includes imprisonment, the accused may withdraw
an appeal at any time. (c) A waiver of the right to
appellate review or the withdrawal of an appeal under this section bars review under
article 66 or 69(a). Article 62: (a)(1) In a trial by
court-martial in which a military judge presides and in which a punitive discharge may be
prescribed , the United Federation of Planets may appeal an order or ruling of the
military judge which terminates the proceedings with respect to a charge or specifications
or which excludes evidence that is substantial proof of a fact material in the proceeding.
However, the United Federation of Planets may not appeal an order or ruling that is, or
amounts to, a finding of not guilty with respect to the charge or specification. (b) An appeal under this section
shall be forwarded by means prescribed under regulations of Starfleet Command directly to
a Court of Military Review and shall, whenever practicable, have priority over all other
proceedings before that court. In ruling on an appeal under this section, a Court of
Military review may act only with respect to matters of law, notwithstanding article
66(c). (c) Any period of delay resulting
from an appeal under this section shall be excluded in deciding any issue regarding denial
of a speedy trial unless an appropriate authority determines that the appeal was filed
solely for the purpose of delay with the knowledge that it was totally frivolous and
without merit. Article 63: Each rehearing under this
document shall take place before a court-martial composed of members not of the
court-martial which first heard the case. Upon a rehearing the accused may not be tried
for any offence of which he was found not guilty by the first court-martial, and no
sentence in excess of or more than the original sentence may be imposed unless the
sentence is based upon a finding of guilty of an offence not considered upon the merits in
the original proceedings, or unless the sentence prescribed for the offence is mandatory.
If the sentence approved after the first court-martial was in accordance with a pre-trial
agreement and the accused at the rehearing changes his plea with respect to the charges or
specifications upon which the pre-trial agreement was based, or otherwise does not comply
with pre-trial agreement, the sentence as to those charges or specifications may include
any punishment not in excess of that lawfully prescribed at the first court-martial. Article 64: (a) Each case in which there has
been a finding of guilty that is not reviewed under article 66 or 69(a) shall be reviewed
by a judge advocate under regulations of the Secretary of Starfleet. A judge advocate may
not review a case under this subsection if he has acted in the same case as an accuser,
investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defence. The judge advocate's review shall be in
writing and shall contain the following: (2) A response to each allegation
of error made in writing by the accused. (b) The record of trial and
related documents in each case reviewed under subsection (a) shall be sent for action to
the person exercising general court-martial jurisdiction over the accused at the time the
court was convened (or to that person's successor in command) if-- (1) the judge advocate who
reviewed the case recommends corrective action; (c)(1) The person to whom the
record of trial and related documents are sent under subsection (b) may-- (2) If a rehearing is ordered by
the convening authority finds a rehearing impracticable, he shall dismiss the charges. Article 65: (a) In a case subject to
appellate review under article 66 or 69(a) in which the right to such review is not
waived, or an appeal is not withdrawn, under article 61, the record of trial and action
thereon shall be transmitted to the Judge General for appropriate action. (b) Except as otherwise required
by this document, all other records of trial and related documents shall be transmitted
and disposed of as the Secretary of Starfleet may prescribe by regulation. Article 66: (a) Each Judge Advocate General
shall establish a Court of Military Review which shall be composed of one or more panels,
and each such panel shall be composed of not less than three appellate military judges.
For the purpose of reviewing court-martial cases, the court may sit in panels or as a
whole in accordance with rules prescribed under subsection (f). Any decision of a panel
may be reconsidered by the court sitting as a whole in accordance with such rules.
Appellate military judges who are assigned to a Court of Military Review may be
commissioned officers or civilians, each of whom must be a member of a bar of a Federal
court of the United Federation of Planets, it's Member Worlds, Colonies, Territories or
Protectorates. The Judge Advocate General shall designate as trial counsel that appeal is
not taken for the purpose of delay and (if the order or ruling appealed is one which
excludes evidence) that the evidence is substantial proof of a fact material in the
proceeding. (b) An appeal under this section
shall be forwarded by a means prescribed under regulations of Starfleet Command directly
to the Court of Military Review and shall, whenever practicable, have priority over all
other proceedings before that court. In ruling on an appeal under this section, the Court
of Military Review may act only with respect to matters of law, notwithstanding section
66(c) of this title (article 66(c)). (c) Any period of delay resulting
from an appeal under this section shall be excluded in deciding any issue regarding denial
of a speedy trial unless an appropriate authority determines that the appeal was filed
solely for the purposed of delay with the knowledge that it was totally frivolous and
without merit. Article 67: (a) The Court of Military Appeals
shall review the record in-- (1) all cases in which the
sentence, as affirmed by a Court of Military Review, extends to imprisonment; (b) the accused may petition the
Court of Military Appeals for review of a decision of a court of Military Review within 60
days from the earlier of -- (1) the date on which the accused
is notified of the decision of the Court of Military Review; or (c) In any case reviewed by it,
the Court of Military Appeals may act only with respect to the findings and sentence as
approved by the convening authority and as affirmed or set aside as incorrect in law by
the Court of Military Review. In a case which the Judge Advocate General orders sent to
the Court of Military Appeals, that action need be taken only with respect to the issues
raised by him. In a case reviewed upon petition of the accused, that action need be taken
only with respect to issues specified in the grant of review. The Court of Military
Appeals shall take action only with respect to matters of law. (d) If the Court of Military
Appeals sets aside the findings and sentence, it may, except where the setting aside is
based on lack of sufficient evidence in the record to support the findings, order a
rehearing. If it sets aside the findings and sentence and does not order a rehearing, it
shall order that the charges be dismissed. (e) After it has acted on a case,
the Court of Military Appeals may direct the Judge Advocate General to return the record
to the Court of Military Review for further review in accordance with the decision of the
Court. Otherwise, unless there is to be further action by Starfleet Command or the
Secretary concerned, the Judge Advocate General shall instruct the convening authority to
take action in accordance with that decision. If the court has ordered a rehearing, but
the convening authority finds a rehearing impracticable, he may dismiss the charges. Article 67A: Decisions of Starfleet's Court of
Military Appeals are subject to review by the Supreme Court of the United Federation of
Planets. The Supreme Court may not review an action under this section if the Court of
Military Appeals refuses to grant a petition for review. Article 68: The Secretary of Starfleet may
direct the Judge Advocate General to establish a branch office with any command. The
branch office shall be under an Assistant Judge Advocate General who, with the consent of
the judge Advocate General, may establish a Court of Military Review with one or more
panels. That Assistant Judge Advocate General and any Court of Military Review established
by him may perform for that command under the general supervision of the Judge Advocate
General, the respective duties which the Judge Advocate General and a Court of Military
Review established by the Judge Advocate General would otherwise be required to perform as
to all cases involving sentences not requiring approval by Starfleet Command. Article 69: (a) The record of trial in each
general court-martial that is not otherwise reviewed under article 66 shall be examined in
the office of the Judge Advocate General if there is a finding of guilty and the accused
does not waive or withdraw his right to appellate review under article 61. If any part of
the findings or sentence is found to be unsupported in law or if reassessment of the
sentence is appropriate, the Judge Advocate General may modify or set aside the findings
of sentence or both. (b) The findings or sentence, or
both, in a court-martial case not reviewed under subsection (a) or under article 66 may be
modified or set aside, in whole or in part, by the Judge Advocate General on the ground of
newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or
the offence, error prejudicial to the substantial rights of the accused, or the
appropriateness of the sentence. If such a case is considered upon application of the
accused, the application must be filed in the office of the Judge Advocate General by the
accused on or before the last day of the two-year period beginning on the date the
sentence is approved under article 60(c), unless the accused establishes good cause for
failure to file within that time. (c) If the Judge Advocate General
sets aside the findings or sentence, he may, except when the setting aside is based on
lack of sufficient evidence in the record to support the findings, order a rehearing. If
he sets aside the findings and sentence and does not order a rehearing, he shall order
that the charges be dismissed. If the Judge Advocate General orders a rehearing by the
convening authority finds a rehearing impractical, the convening authority shall dismiss
the charges. (d) A Court of Military Review
may review, under article 66-- (1) any court-martial case which (e) Notwithstanding article 66,
in any case reviewed by a Court of Military Review under this section, the Court may take
action only with respect to matters of law. Article 70: (a) The Judge Advocate General
shall detail in his office one or more commissioned officers as appellate Government
counsel, and one or more commissioned officers as appellate defence counsel, who are
qualified under article 27(b)(1). (b) Appellate Government counsel
shall represent the United Federation of Planets before the Court of Military Review or
the Court of Military Appeals when directed to do so by the judge Advocate General.
Appellate Government counsel may represent the United Federation of Planets before the
Supreme Court in cases arising under this document when requested to do so. (c) Appellate defence counsel
shall represent the accused before the Court of Military Review, the Court of Military
Appeals, or the Supreme Court-- (d) The accused has the right to
be represented before the Court of Military Review, the Court of Military Appeals, or the
Supreme court by civilian counsel if provided by him. (e) Military appellate counsel
shall also perform such other functions in connection with the review of court-martial
cases as the Judge Advocate General directs. Article 71: (a) If the sentence of the
court-martial extends to imprisonment, that part of the sentence providing for
imprisonment may not be executed until approved by Starfleet Command. In such a case,
Starfleet Command may commute, remit, or suspend the sentence, or any part thereof, as
they see fit. (b) If in the case of a
commissioned officer or cadet, the sentence of a court-martial extends to dismissal, that
part of the sentence providing for dismissal may not be executed until approved by the
Secretary of Star Fleet or Assistant Secretary as may be designated. In such a case, the
Secretary, or Assistant Secretary, may commute, remit, or suspend the sentence, or any
part of the sentence, as he sees fit. In time of war or emergency he may commute a
sentence of dismissal to reduction to any enlisted grade. A person so reduced may be
required to serve for the duration of the war or emergency and six months thereafter. (c)(1) If a sentence extends to
imprisonment, dismissal, or dishonourable or bad-conduct discharge and if the right of the
accused to appellate review is not waived, and an appeal is not withdrawn, under article
61, that part of the sentence extending to imprisonment, dismissal, or a dishonourable or
bad-conduct discharge may not be executed until there is a final judgement as to the
legality of the proceedings (and with respect to imprisonment or dismissal, approval under
subsection (a) or (b), as appropriate). A judgement as to legality of the proceedings is
final in such cases when review is completed by a Court of Military Review and-- (i) a petition is not filed
within the time limits prescribed by the Supreme Court; (2) If a sentence extends to
dismissal or a dishonourable or bad-conduct discharge and if the right of the accused to
appellate review is waived, or an appeal is withdrawn, under article 61, that part of the
sentence extending to dismissal or a bad-conduct discharge may not be executed until
review of the case by a judge advocate (and any action of that review) under article 64 is
completed. Any other part of a court-martial sentence may be ordered executed by the
convening authority or other person acting on the case under article 60 when approved by
hum under that section. (d) The convening authority or
other person acting on the case under article 60 may suspend the execution of any sentence
or part thereof, except a sentence of life imprisonment. Article 72: (a) Before the vacation of the
suspension of a special court-martial sentence which as approved includes a bad-conduct
discharge, or of any general court-martial sentence, the officer having special
court-martial jurisdiction over the probationer shall hold a hearing on the alleged
violation of probation. The probationer shall be represented at the hearing by counsel if
he so desires. (b) The record of the hearing and
the recommendation of the officer having special court-martial jurisdiction shall be sent
for action to the officer exercising general court-martial jurisdiction over the
probationer. If he vacates the suspension, any unexecuted part of the sentence, except a
dismissal, shall be executed, subject to applicable restrictions in article 71(c). The
vacation of the suspension of a dismissal is not effective until approved by the Secretary
concerned. (c) The suspension of any other
sentence may be vacated by any authority competent to convene, for the command in which
the accused is serving or assigned, a court of the kind that imposed the sentence. Article 73: At any time within two years
after approval by the convening authority of a court-martial sentence, the accused may
petition the Judge Advocate General for a new trial on the grounds of newly discovered
evidence or fraud on the court. If the accused's case is pending before a Court of
Military Review or before the Court of Military Appeals, the Judge Advocate General shall
refer the petition to the appropriate court for action. Otherwise the Judge Advocate
General shall act upon the petition. Article 74: (a) The Secretary of Starfleet
and, when designated by him, any Assistant Secretary, Judge Advocate General, or
commanding officer may remit or suspend any part or amount of the unexecuted part of any
sentence, including all uncollected forfeitures other than a sentence prescribed by
Starfleet Command. (b) The Secretary of Starfleet
may, for good cause, substitute an administrative form of discharge for a discharge or
dismissal executed in accordance with the sentence of a court-martial. Article 75: (a) Under such regulations as
Starfleet Command may prescribe, all rights, privileges, and property affected by an
executed part of a court-martial sentence which has been set aside or disapproved, except
an executed dismissal or discharge, shall be restored unless a new trial or rehearing is
ordered and such executed part is included in a sentence imposed upon the new trial or
rehearing. (b) If a previously executed
sentence of dishonourable or bad- conduct discharge is not imposed on a new trial, the
Secretary of Starfleet shall substitute therefore a form of discharge authorised for
administrative issuance unless the accused is to serve out the remainder of this
enlistment. (c) If a previously executed
sentence of dismissal in not imposed on a new trial, the Secretary of Starfleet shall
substitute a form of discharge authorised for administrative issue, and the commissioned
officer dismissed by the sentence may be re-appointed only by Starfleet Command to such
commissioned grade and with such rank as in the opinion of Starfleet 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 Starfleet Command may direct. All time
between the dismissal and reappointment shall be considered as actual service for all
purposes. Article 76: The appellate review of records
of trial provided by this document, the proceedings, findings, and sentences of courts-
martial as approved, reviewed, or affirmed as required by this document, and all
dismissals and discharges carried into execution under sentences by courts-martial
following approval, review, or affirmation as required by this document, are final and
conclusive. Orders publishing the proceedings of courts-martials and all action taken
pursuant to those proceedings are binding upon all departments, courts, agencies, and
officers of the United Federation of Planets, subject only to action upon a petition for a
new trial as provided in article 73 and to action by the Secretary of Starfleet as
provided in article 74, and the authority of Starfleet Command. Article 76A: Under regulations prescribed by
the Secretary of Starfleet, an accused who has been sentenced by a court-martial may be
required to take leave pending completion of action under this subchapter if the sentence,
as approved under article 60, includes an unsuspended dismissal or an unsuspended
dishonourable or bad-conduct discharge. The accused may be required to begin such leave on
the date on which the sentence is approved under article 60 or at any time after such
date, and such leave may be continued until the date which action under this subchapter is
completed or may be terminated at any earlier time. Article 77: Any person punishable under this
document who-- (1) commits an offence punishable
by this document, or aids, abets, counsels, commands, or procures its commission or (2) causes an act to be done
which if directly performed by him would be punishable by this document, is a principal. Article 78: Any person subject to this
document who, knowing that an offence punishable by this document has been omitted,
receives, comforts, or assists the offender in order to hinder or prevent his
apprehension, trial, or punishment shall be punished as a court-martial may direct. Article 79: An accused may be found guilty of
an offence necessarily included in the offence charged or of an attempt to commit either
the offence charged or an offence necessarily included therein. Article 80: (a) An act, done with specific
intent to commit an offence under this document, amounting to more than mere preparation
and tending, even though failing, to effect its commission, is an attempt to commit that
offence. (b) Any person subject to this
document who attempts to commit any offence punishable by this document shall be punished
as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject to this
document may be convicted of an attempt to commit an offence even if the offence was
actually committed. Article 81: Any person subject to this
document who conspires with any other person to commit an offence under this document
shall, if one or more of the conspirators does an act to effect the object of the
conspiracy, be punished as a court-martial may direct. Article 82: (a) Any person subject to this
document who solicits or advises another or others to desert in violation of article 85 or
mutiny in violation of article 94 shall, if the offence solicited or advised is attempted
or committed, be punished with the punishment provided for the commission of the offence,
but, if the offence solicited or advised is not committed or attempted, he shall be
punished as a court-martial may direct. (b) Any person subject to this
document who solicits or advises another or others to commit an act or misbehaviour before
the enemy in violation of article 99 or sedition in violation of article 94 shall, if the
offence solicited or advised is committed, be punished with the punishment provided for
the commission of the offence, but, if the offence solicited or advised is not committed,
he shall be punished as a court-martial may direct. Article 83: Any person who-- (1) procures his own enlistment
or appointment in Starfleet by knowingly false representation or deliberate concealment as
to his qualifications for the enlistment or appointment and receives pay or allowances
there under; or (2) procures his own separation
from Starfleet by knowingly false representation or deliberate concealment as to his
eligibility for that separation; shall be punished as a
court-martial may direct. Article 84: Any person subject to this
document who effects an enlistment or appointment in or a separation from Starfleet of any
person who is known to him to be ineligible for that enlistment, appointment, or
separation because it is prohibited by law, regulation, or order shall be punished as a
court-martial may direct. Article 85: (a) Any member of Starfleet who-- (1) without authority goes or
remains absent from his unit, organisation, or place of duty with intent to remain away
there from permanently; (b) Any commissioned officer of
Starfleet who, after tender of his resignation and before notice of its acceptance, quits
his post or proper duties without leave and with intent to remain away there from
permanently is guilty of desertion. (c) Any person found guilty of
desertion or attempt to desert shall be punished, if the offence is committed in time of
war, by life imprisonment or such other punishment as a court-martial may direct, but if
the desertion or attempt to desert occurs at any other time, by such punishment as a
court-martial may direct. Article 86: Any member of Starfleet who,
without authority-- (1) fails to go to his appointed
place of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains
absent from his unit, organisation, or place of duty at which he is required to be at the
time prescribed; shall be punished as a court-martial may direct. Article 87: Any person subject to this
document who through neglect or design misses the movement of a ship, aircraft, or unit
with which he is required in the course of duty to move shall be punished as a
court-martial may direct. Article 88: Any commissioned officer who uses
contemptuous words against Starfleet Command, the elected representatives, Governor or
assembly of any Member World, Territory, or Protectorates of the United Federation of
Planets, when he or she is on duty shall be punished as a court-martial may direct. Article 88A: Any officer violates either
knowingly, purposefully, or accidentally; any of the established directives, rules,
regulations and/or guidelines of Starfleet and the United Federation of Planets, it's
Member Worlds, Territories, Protectorates; at any time shall be punished as a
court-martial may direct. Article 89: Any person subject to this
document who behaves with disrespect toward his superior commissioned officer shall be
punished as a court-martial may direct. Article 90: Any person subject to this
document who-- (1) strikes his superior
commissioned officer or draws or lifts up any weapon or offers any violence against him
while he is in the execution of his officer; or (2) wilfully disobeys a lawful
command of his superior commissioned officer; shall be punished, if the offence
is committed in time of war, by life imprisonment or such other punishment as a
court-martial may direct, and if the offence is committed at any other time, by such
punishment as a court-martial may direct. Article 91: Any warrant officer or enlisted
member who-- (2) wilfully disobeys the lawful
order of a warrant officer, non-commissioned officer, or petty officer; or (3) treats with contempt or is
disrespectful in language or deportment toward a warrant officer, non-commissioned
officer, or petty officer while that officer is in the execution of his office; shall be punished as a
court-martial may direct. Article 92: Any person subject to this
document who-- (2) having knowledge of any other
lawful order issued by any member of Starfleet , which it is his duty to obey, fails to
obey the order; or (3) is derelict in the
performance of his duties; shall be punished as a
court-martial may direct. Article 93: Any person subject to this
document who is guilty of cruelty toward, or oppression or maltreatment of, any person
subject to his orders shall be punished as a court-martial may direct. Article 94: (a) Any person subject to this
document who-- (1) with intent to usurp or
override lawful military authority, refuses, in concert with any other person, to obey
orders or otherwise do his duty or creates any violence or disturbance is guilty of
mutiny; (b) A person who is found guilty
of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or
sedition shall be punished by life imprisonment or such other punishment as a court-
martial may direct. Article 95: Any person subject to this
document who resists apprehension or breaks arrest or who escapes from custody shall be
punished as a court-martial may direct. Article 96: Any person subject to this
document who, without proper authority, releases any prisoner committed to his charge, or
who through neglect or design suffers any such prisoner to escape, shall be punished as a
court-martial may direct, whether or not the prisoner was committed in strict compliance
with law. Article 97: Any person subject to this
document who, except as provided by law, arrests, or confines any person shall be punished
as a court- martial may direct. Article 98: Any person subject to this
document who-- (1) is responsible for
unnecessary delay in the disposition of any case of a person accused of an offence under
this document; or (2) knowingly and intentionally
fails to enforce or comply with any provision of this document regulating the proceedings
before, during, or after trial of an accused; shall be punished as a
court-martial may direct. Article 99: Any person subject to this
document who before or in the presence of the enemy-- (1) runs away; (2) shamefully abandons,
surrenders, or delivers up any command, unit, place, or military property which it is his
duty to defend; (3) through disobedience,
neglect, or intentional misconduct endangers the safety of any such command, unit, place,
or military property; (4) casts away his weapon; (5) is guilty of cowardly
conduct; (6) quits his place of duty to
plunder or pillage; (7) causes false alarms in any
command, unit, or place under control of Starfleet; (8) wilfully fails to do his
utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels,
aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or
destroy; or (9) does not afford all
practicable relief and assistance to any troops, combatants, or vessels belonging to the
United Federation of Planets or their allies when engaged in battle; shall be punished by imprisonment
or such punishment as a court-martial may direct. Article 100: Any person subject to this
document who compels or attempts to compel the commander of any place, vessel, or
Starfleet property, or of any body of members of Starfleet, to give it up to an enemy or
to abandon it, or who strikes the colours or flag to any enemy without proper authority,
shall be punished by imprisonment or such other punishment as a court-martial may direct. Article 101: Any person subject to this
document who in time of war discloses the parole or countersign to any person not entitled
to receive it or who gives to another who is entitled to receive and use the parole or
countersign a different parole or countersign from that which, to his knowledge, he was
authorised and required to give, shall be punished by imprisonment or such other
punishment as a court- martial may direct. Article 102: (a) All persons subject to this
document will secure all public property taken from the enemy for the use of the United
Federation of Planets, and shall give notice and turn over to the proper authority without
delay all captured or abandoned property in their possession, custody, or control. (b) Any person subject to this
document who-- (1) fails to carry out the duties
prescribed in subsection (a); shall be punished as a
court-martial may direct. Article 103: Any person who-- (1) aids, or attempts to aid, the
enemy with arms, ammunition, supplies, money, or other things; or (2) without proper authority,
knowingly harbours or protects or gives intelligence to or communicates or corresponds
with or holds any intercourse with the enemy, either directly or indirectly; shall suffer imprisonment or such
other punishment as a court-martial or military commission may direct. Article 104: Any person subject to this
document who, while in the hands of the enemy in time of war-- (1) for the purpose of securing
favourable treatment by his captors acts without proper authority in a manner contrary to
law, custom, or regulation, to the detriment of others of whatever nationality held by the
enemy as civilian or military prisoners; or (2) while in a position of
authority over such persons maltreat them without justifiable cause, shall be punished as a
court-martial may direct. Article 105: Any person who in time of war is
found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft,
within the control or jurisdiction of any of Starfleet , or in or about any shipyard, any
manufacturing or industrial plant, or any other place or institution engaged in work in
aid of the prosecution of the war by the United Federation of Planets, or elsewhere, shall
be tried by a general court-martial or by a military commission and on conviction shall be
punished by life imprisonment. Article 105A: (A)(1) Any person subject to this
document who, with intent or reason to believe that it is to be used to the injury of the
United Federation of Planets or to the advantage of a foreign nation, communicates,
delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity
described in paragraph (2), either directly or indirectly, any thing described in
paragraph (3) shall be punished as a court-martial may direct, except that if the accused
is found guilty of an offence that directly concerns (A) nuclear weaponry, military
spacecraft or satellites, early warning systems, or other means of defence or retaliation
against large scale attack, (B) war plans, (C) communications intelligence or
cryptographic information, or (D) any other major weapons system or major element of
defence strategy, the accused shall be punished by life imprisonment or such other
punishment as a court- martial may direct. (2) An entity referred to in
paragraph (1) is-- (3) A thing refereed to in
paragraph (1) is a document, writing, code book, signal book, sketch, photograph,
photographic negative, blueprint, plan, map, model, note, instrument, appliance or
information relating to the national defence. (B(1) No person may be sentenced
by court-martial to suffer life imprisonment for an offence under this section (article)
unless-- (2) Findings under this
subsection may be based on-- (3) The accused shall be given
broad latitude to present matters in extenuation and mitigation. (C) A sentence of life
imprisonment may be prescribed by a court-martial for an offence under this section
(article) only if the members unanimously find, beyond a reasonable doubt, one or more of
the following aggravating factors: (1) The accused has been
convicted of another offence involving espionage or treason for which either a sentence of
imprisonment for life was authorised by statute. Article 106: Any person subject to this
document who, with intent to deceive, signs any false record, return, regulation, order,
or other official document, knowing it to be false, or makes any other false official
statement knowing it to be false, shall be punished as a court-martial may direct. Article 107: Any person subject to this
document who, without proper authority-- (1) sells or otherwise disposes
of; (2) wilfully ore through neglect
damages, destroys, or loses; or (3) wilfully or through neglect
suffers to be lost, damaged, sold, or wrongfully disposed of; any military property of the
United Federation of Planets, shall be punished as a court-martial may direct. Article 108: Any person subject to this
document who wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongfully
destroys or damages any property other than military property of the United Federation of
Planets shall be punished as a court-martial may direct. Article 109: Any person subject to this
document who wilfully, negligently or wrongfully hazards or causes any series of events
which leads any vessel of Starfleet to be hazarded shall suffer such punishment as a
court-martial may direct. Article 110: Any person subject to this
document other than a sentinel, look-out or guard who is found drunk on duty, shall be
punished as a court-martial may direct. Article 110A: Any person subject to this
document who wrongfully uses, possesses, manufactures, distributes, imports into the
established territory of, exports from the established territory of, or introduces into an
installation, vessel, or vehicle, used by or under the control of the United Federation of
Planets, any substance described or classified as a narcotic, has highly addictive and
physically damaging properties, or is found to any of the above by a medical officer of
the United Federation of Planets shall be punished as a court-martial may direct. Article 111: Any sentinel or look-out who is
found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall
be punished, if the offence is committed in time of war, by imprisonment or such other
punishment as a court-martial may direct, by if the offence is committed at any other
time, by such punishment as court-martial may direct. Article 112: Any person subject to this
document who fights or promotes, or is concerned in or connives at fighting a duel, or
who, having knowledge of a challenge sent or about to be sent, fails to report the fact
promptly to the proper authority, shall be punished as a court-martial may direct. Article 113: Any person subject to this
document who for the purpose of avoiding work, duty, or service-- (1) feigns illness, physical
disablement, mental lapse or derangement; or (2) intentionally inflects
self-injury; shall be punished as a
court-martial may direct. Article 114: Any person subject to this
document who causes or participates in any riot or breach of the peace shall be punished
as a court- martial may direct. Article 115: Any person subject to this
document who uses provoking or reproachful words or gestures towards any other person
subject to this document shall be punished as a court-martial may direct. Article 116: Any person subject to this
document whom without justification or excuse, unlawfully kills a human being, when he- - (1) has a premeditated design to
kill; (2) intends to kill or inflict
great bodily harm; (3) is engaged in an act which is
inherently dangerous to others and evinces a wanton disregard of human life; or (4) is engaged in the
perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated
arson; is guilty of murder, and shall
suffer such punishment as a court-martial may direct, except that if found guilty under
clause (1) or (4), he shall suffer imprisonment for life or as a court-martial may direct.
Article 117: (a) Any person subject to this
document who, with an intent to kill or inflict great bodily harm, unlawfully kills a
human being in the heat of sudden passion caused by adequate provocation is guilty of
voluntary manslaughter and shall be punished as a court-martial may direct. (b) Any person subject to this
document who, without an intent to kill or inflict great bodily harm, unlawfully kills a
human being-- (1) by culpable negligence; or is guilty of involuntary
manslaughter and shall be punished as a court-martial may direct. Article 118: (a) Any person subject to this
document who commits an act of sexual intercourse, by force and without consent, is guilty
of rape and shall be punished by such punishment as a court-martial may direct. (b) Any person subject to this
document who commits an act of sexual intercourse with anyone who has not attained the
determined age of consent for that person's genetic race, is guilty of carnal knowledge
and shall be punished as a court-martial may direct. (c) Penetration, however slight,
is sufficient to complete either of these offences. Article 119: (a) Any person subject to this
document who wrongfully takes, obtains, or withholds, by any means, from the possession of
the owner or of any other person any money, personal property, or article of value of any
kind-- (1) with intent permanently to
deprive or defraud another person of the use and benefit of property or to appropriate it
to his won use or the use of any person other than the owner, steals that property and is
guilty of larceny; or (b) Any person found guilty of
larceny or wrongful appropriation shall be punished as a court-martial may direct. Article 120: Any person subject to this
document who with intent to steal takes anything of value from the person or in the
presence of another, against his will, by means of force or violence or fear of immediate
or future injury to his person or property or to the person or property of a relative or
member of his family or of anyone in his company at the time of the robbery, is guilty of
robbery and shall be punished as a court-martial may direct. Article 121: Any person subject to this
document who, with intent to defraud- - (1) falsely makes or alters any
signature, to, or any part of, any writing which would, if genuine, apparently impose a
legal liability on another or change his legal right or liability to his prejudice; or (2) utters, offers, issues, or
transfers such a writing, known by him to be so made or altered; is guilty of forgery and shall be
punished as a court-martial may direct. Article 122: Any person subject to this
document who, with intent to injure, disfigure, or disable, inflicts upon the person of
another an injury which-- (1) seriously disfigures his
person by a mutilation thereof; (2) destroys or disables any
member or organ of his body; or (3) seriously diminishes his
physical vigour by the injury of any member or organ; is guilty of maiming and shall be
punished as a court-martial may direct. Article 123: (a) Any person subject to this
document who wilfully and maliciously burns or sets on fire an inhabited dwelling, or any
other structure, movable or immovable, wherein to the knowledge of the offender there is
at the time a human being, is guilty of aggravated arson and shall be punished as a
court-martial may direct. (b) Any person subject to this
document who wilfully and maliciously burns or sets fire to the property of another,
except as provided in subsection (a), is guilty of simple arson and shall be punished as a
court-martial may direct. Article 124: Any person subject to this
document who communicates threats to another person with the intention thereby to obtain
anything of value or any acceptance, advantage, or immunity is guilty of extortion and
shall be punished as a court-martial may direct. Article 125: (a) Any person subject to this
document who attempts or offers with unlawful force or violence to do bodily harm to
another person, whether or not the attempt or offer is consummated, is guilty of assault
and shall be punished as a court-martial may direct. (b) Any person subject to this
document who-- (1) commits an assault with a
dangerous weapon or other means or force likely to produce death or grievous bodily harm;
or is guilty of aggravated assault
and shall be punished as a court-martial may direct. Article 126: Any person subject to this
document who, with intent to commit an offence punishable under article 118-128, breaks
and enters, in the night-time, the dwelling house of another, is guilty of burglary and
shall be punished as a court-martial may direct. Article 127: Any person subject to this
document who unlawfully enters the building or structure of another with intent to commit
a criminal offence therein is guilty of housebreaking and shall be punished as a
court-martial may direct. Article 128: Any person subject to this
document who in a judicial proceeding or in a course of justice wilfully and corruptly--
(2) in any declaration,
certificate, verification, or statement under penalty, subscribes any false statement
material to the issue or matter of inquiry; is guilty of perjury and shall be
punished as a court-martial may direct. Article 129: Any person subject to this
document-- (1) who, knowing it to be false
or fraudulent-- (2) who, for the purpose of
obtaining the approval, allowance, or payment of any claim against the United Federation
of Planets or any officer thereof (3) who, having charge,
possession, custody, or control of any money, or other property or the United Federation
of Planets, furnished or intended for Star Fleet thereof, knowingly delivers to any person
having authority to receive it, any amount thereof less than that for which he receives a
certificate or receipt; or (4) who, being authorised to make
or deliver any paper certifying the receipt of any property of the United Federation of
Planets furnished or intended for Starfleet thereof, makes or delivers to any person such
writing without having full knowledge of the truth of the statements therein contained and
with intent to defraud the United Federation of Planets; shall, upon conviction, be
punished as a court-martial may direct. Article 130: Any commissioned officer, cadet,
or enlisted officer who is convicted of conduct unbecoming an officer and a gentleman
shall be punished as a court-martial may direct. Article 131: Though not specifically mentioned
in this document, all disorders and neglects to the prejudice of good order and discipline
in Starfleet , all conduct of a nature to bring discredit upon Starfleet, and crimes and
offences not capital, of which persons subject to this document may be guilty, shall be
taken cognisance of by a general, special or summary court-martial, according to the
nature and degree of the offence, and shall be punished at the discretion of that court. Article 132: (a) Courts of inquiry to
investigate any matter may be convened by any person authorised to convene a general
court-martial or by any other person by the Secretary of Starfleet for that purpose,
whether or not the persons involved have requested such an inquiry. (b) A court of inquiry consists
of three or more commissioned officers. For each court of inquiry the convening authority
shall also appoint counsel for the court. (c) Any person subject to this
document whose conduct is subject to inquiry shall be designated as a party. Any person
subject to this document or employed by the United Federation of Planets who has a direct
interest in the subject of inquiry has the right to be designated as a party upon request
to the court. Any person designated as a party shall be given due notice and has the right
to be present, to be represented by counsel, to cross-examine witnesses, and to introduce
evidence. (d) Members of a court of inquiry
may be challenged by a party, but only for cause stated to the court. (e) The members, counsel, the
reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform
their duties. (f) Witnesses may be summoned to
appear and testify and be examined before courts of inquiry, as provided for
courts-martial. (g) Courts of inquiry shall make
findings of fact but may not express opinions or make recommendations unless required to
do so by the convening authority. (h) Each court of inquiry shall
keep a record of its proceedings, which shall be authenticated by the signatures of the
president and counsel for the court and forwarded to the convening authority. If the
record cannot be authenticated by the president, it shall be signed by a member in lieu of
the president. If the record cannot be authenticated by the counsel for the court, it
shall be signed by a member in lieu of the counsel. Article 133: (a) The following persons on
active duty or performing inactive-duty training may administer oaths for the purpose of
military administration, including military justice, and have the general powers of a
notary public and of a consul of the United Federation of Planets, in the performance of
all notarial acts to be executed by members of any of Starfleet, wherever they may be, by
persons serving with, employed by, or accompanying Starfleet outside the United Federation
of Planets established boundaries, and by other persons subject to this document outside
the United Federation of Planets. (b) The following persons on
active duty or performing inactive-duty training may administer oaths necessary in the
performance of their duties: (c) No fee may be paid to or
received by any person for the performance of any notarial act herein authorised. (d) The signature without seal of
any such person acting as notary, together with the title of his office, is prima facie
evidence of his authority. Article 134: (a)(1) The sections of this title
(articles of the Uniform Code of Starfleet Justice) specified in paragraph (3) shall be
carefully explained to each enlisted member at the time of (or within six days after)-- (2) Such sections (articles)
shall be explained again-- (3) This subsection applies with
respect to articles 2, 3, 7-15, 25, 27, 31, 38, 55, 77-134, and 137-139. (b) The text of the Uniform Code
of Starfleet Justice and of the regulations prescribed by Starfleet Command under such
Code shall be made available to a member on active duty or to a member of a reserve
component, upon request by the member, for the member's personal examination. Article 135: Any member of Starfleet who
believes himself wronged by his commanding officer, and who, upon due application to that
commanding officer, is refused redress, may complain to any superior commissioned officer,
who shall foreword the complaint to the office exercising court-martial jurisdiction over
the officer against whom it is made. The officer exercising general court-martial
jurisdiction shall examine into the complaint and take proper measures for redressing the
wrong complained of; and he shall, as soon as possible, send to the Secretary of Starfleet
a true statement of that complaint, with the proceedings thereon. Article 136: (a) Whenever a complaint is made
to any commanding officer that wilful damage has been done to the property of any person
or that his property has been wrongfully taken by members of Starfleet, he may, under such
regulations as the Secretary of Starfleet may prescribe, convene an board to investigate
the complaint. The board shall consist of from one to three commissioned officers and, for
the purpose of investigation, it has the power to summon witnesses and examine them upon
oath, to receive depositions or other documentary evidence, and to assess the damages
sustained against the responsible parties. The assessment of damages made by the board is
subject to the approval of the commanding officer, and in the amount approved by him shall
be charged against the pay of the offenders. The order of the commanding officer directing
charges herein authorised is conclusive on any disbursing officer for the payment by him
to the injured parties of the damages as assessed and approved. (b) If the offenders cannot be
ascertained, but organisation or detachment to which they belong is known, charges
totalling the amount of damages assessed and approved may be made in such proportion as
may be considered just upon the individual members thereof who are shown to have been
present at the scene at the time the damages complained of were inflicted, as determined
by the approved findings of the board. Article 137: There is a court of record known
as the Starfleet Court of Military Appeals. The court is established under the Articles of
Federation of the United Federation of Planets. Article 138: (a) The Starfleet Court of
Military Appeals consists of five judges. (b)(1) Each judge of the court
shall be appointed from civil life by Starfleet Command, by and with the advice and
consent of the General Assembly of the United Federation of Planets, for a specified term
determined under paragraph (2). A judge may serve as a senior judge as provided in
subsection (e). (c) Judges of the court may be
removed from office by Starfleet Command, upon notice and hearing, for-- A judge may not be removed by
Starfleet Command for any other cause. (d) Each judge of the court is
entitled to the same salary and travel allowances as are, and from the time may be,
provided for judges of the United Federation of Planets Courts of Appeals. (e)(1) The chief judge of the
court may call upon a senior judge of the court, with the consent of the senior judge, to
perform judicial duties with the court-- (2) A senior judge, while
performing duties referred to in paragraph (2), shall be provided with such office space
and staff assistance as the chief judge considers appropriate and shall be entitled to the
per diem, travel allowances, and other allowances provided for judges of the court. (3) A senior judge shall be
considered to be an officer or employee of the United Federation of Planets with respect
to his status as a senior judge, but only during periods the senior judge is performing
duties referred to in paragraph (2). For the purposes of section 205 of title 18, a senior
judge shall be considered to be a special Government employee during such periods. Any
provision of law that prohibits or limits the political or business activities of an
employee of the United Federation of Planets shall apply to a senior judge only during
such periods. (4) The court shall prescribe
rules for the use and conduct of senior judges of the court. The chief judge of the court
shall transmit such rules, and any amendments to such rules, to Starfleet Command and the
General Assembly of the United Federation of Planets not later than 15 days after the
issuance of such rules or amendments, as the case may be. (f)(1) The Chief Justice of the
United Federation of Planets Supreme Court, may designate upon request a judge of a United
Federation of Planets court of appeals, or of a United Federation of Planets district
court to perform the duties of judge of the United Federation of Planets Court of Military
Appeals-- (A) during a period a judge of
the court is unable to perform his duties because of illness or other disability; or (2) A designation under paragraph
(1) may be made only with the consent of the designated judge and the concurrence of the
chief judge of the court of appeals or district court concerned. (g) A vacancy on the court does
not impair the right of the remaining judges to exercise the powers of the court. Article 139: (a) Starfleet Command shall
designate from time to time one of the judges of the United Federation of Planets Court of
Military Appeals to be chief judge of the court. (b) The chief judge of the court
shall have precedence and preside at any session that he attends. The other judges shall
have precedence and preside according to the seniority of their original commissions.
Judges whose commissions bear the same date shall have precedence according to seniority
in age. Article 140: The United Federation of Planets
Court of Military Appeals may prescribe its rules of procedure and may determine the
number of judges required to constitute a quorum. Article 141: (a)(1) A person who has completed
a term of service for which he was appointed as a judge of the United Federation of
Planets Court of Military Appeals is eligible for an annuity under this section upon
separation from civilian service in the Federal Government. (b) The annuity payable under
this section to a person who makes an election under subsection (a)(2) is 80 percent of
the rate of pay for a judge in active service on the United Federation of Planets Court of
Military Appeals as of the date on which the person is separated form civilian service. (c) The Secretary of Defence
shall prescribe by regulation a program to provide annuities for survivors and former
spouses of persons receiving annuities under section by reason of elections made by such
persons under subsection (a)(2). That program shall, to the maximum extent practicable,
provide benefits and establish terms and conditions that are similar to those provided
under survivor and former spouse annuity programs under other retirement systems for
civilian employees of the Federal Government. The program may include provisions for the
reduction in the annuity paid the person as a condition for the survivor annuity. An
election by a judge (including a senior judge) or former judge to receive an annuity under
this section terminates any right or interest which any other individual may have to a
survivor annuity under any other retirement system for civilian employees of the Federal
Government based on the service of that judge or former judge as a civilian officer or
employee of the Federal Government (except with respect to an election under subsection
(g)(1)(B)). (d) A person who is receiving an
annuity under this section by reason of service as a judge of the court and who is
appointed to a position in the Federal Government shall, during the period of such
person's service in such position, be entitled to receive only the annuity under this
section or the pay for that position, whichever is higher. (e) (1) A person who is receiving
an annuity under this section by reason of service as a judge of the court and who later
is appointed as a justice or judge of the United Federation of Planets to hold office
during good behaviour and who retires from that office, or from regular service in that
office, shall be paid either-- (2) An election by a person to be
paid an annuity or salary pursuant to paragraph (1)(B) terminates; (f) Annuities and survivor
annuities paid under this section shall be paid out of Starfleet's Military Retirement
Fund. Article 142: (a) A committee shall meet at
least annually and shall make an annual comprehensive survey of the operation of this
document. (b) The committee shall consist
of-- (c)(1) After each such survey,
the committee shall submit a report-- (d)
Each member of the committee appointed by the Secretary of Starfleet under subsection
(B)(3) shall be a recognised authority in military justice or criminal law. Each such
member shall be appointed for a term of three years. |
