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10 U.S.C. § 845 — Art. 45. Pleas of the accused
Federal law — U.S. Code and appendices · legal_authorities
**(a) Irregular and Similar Pleas.—** 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 improvidently or 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) Pleas of Guilty.—** A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty is mandatory. 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, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
**(c) Harmless Error.—** A variance from the requirements of this article is harmless error if the variance does not materially prejudice the substantial rights of the accused.
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Source file: Laws/federal/codes/united-states-code/title-10/section-845-art-45-pleas-of-the-accused--beaaf53412.md
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Source location: Title 10, Chapter 47, § 845; chapter-047-uniform-code-of-military-justice.md
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**(a) Irregular and Similar Pleas.—** 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 improvidently or 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) Pleas of Guilty.—** A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty is mandatory. 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, a finding of guilty of the charge or specification may be entered immediately without vote. 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.
**(c) Harmless Error.—** A variance from the requirements of this article is harmless error if the variance does not materially prejudice the substantial rights of the accused.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 611, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, authorized President to prescribe rules. See [section 836 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim), Armed Forces.
Section 612, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, related to unlawfully influencing action of court. See [section 837 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section837&num=0&edition=prelim).
Section 613, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, provided for duties of trial counsel and defense counsel. See [section 838 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838&num=0&edition=prelim).
Section 614, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to sessions of the courts-martial. See [section 839 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section839&num=0&edition=prelim).
Section 615, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for continuances. See [section 840 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section840&num=0&edition=prelim).
Section 616, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for challenges. See [section 841 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim).
Section 617, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to oaths. See [section 842 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim).
Section 618, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to statutes of limitation. See [section 843 of Title 10](https://uscode.house.gov/view.xhtml
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 611 to 629
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Federal law — U.S. Code and appendices · legal_authorities
Page 761
TITLE 10—ARMED FORCES
§ 845
under section 5542(a) of the Military Justice Act of 2016
(division E of Public Law 114–328; 130 Stat. 2967) [10
U.S.C. 801 note], subsection (b)(2)(B) of section 843 of
title 10, United States Code (article 43 of the Uniform
Code of Military Justice), shall be applied as in effect
on December 22, 2016.
‘‘(3) FRAUDULENT
ENLISTMENT
OR
APPOINTMENT
OF-
FENSES.—With respect to the period beginning on De-
cember 23, 2016, and ending on the day before the date
designated by the President under section 5542(a) of the
Military Justice Act of 2016 (division E of Public Law
114–328; 130 Stat. 2967), in the application of subsection
(h) of section 843 of title 10, United States Code (article
43 of the Uniform Code of Military Justice), as added by
section 5225(b) of that Act (130 Stat. 2909), the reference
in such subsection (h) to section 904a(1) of title 10,
United States Code (article 104a(1) of the Uniform Code
of Military Justice), shall be deemed to be a reference
to section 883(1) of title 10, United States Code (article
83(1) of the Uniform Code of Military Justice).’’
§ 844. Art. 44. Former jeopardy
(a) No person may, without his consent, be
tried a second time for the same offense.
(b) No proceeding in which an accused has
been found guilty by a court-martial upon any
charge or specification is a trial in the sense of
this article until the finding of guilty has be-
come final after review of the case has been
fully completed.
(c)(1) A court-martial with a military judge
alone is a trial in the sense of this section (arti-
cle) if, without fault of the accused—
(A) after introduction of evidence; and
(B) before announcement of findings under
section 853 of this title (article 53);
the case is dismissed or t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 845
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