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10 U.S.C. § 813 — Art. 13. Punishment prohibited before trial
Federal law — U.S. Code and appendices · legal_authorities
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 require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
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Source file: Laws/federal/codes/united-states-code/title-10/section-813-art-13-punishment-prohibited-before-trial--52a4da656b.md
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Source location: Title 10, Chapter 47, § 813; chapter-047-uniform-code-of-military-justice.md
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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 require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A period of leave required to be taken under section 876a or 1182(c)(2) of this title shall be charged against any accrued leave to the member’s credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection (b), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave.
**(b)**
(1) A member who is required to take leave under section 876a or 1182(c)(2) of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken.
(2) Except as provided in paragraph (1) and in sections 707 and 707a of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a or 1182(c)(2) of this title.
**(c)** A member required to take leave under section 876a or 1182(c)(2) of this title is not entitled to any right or benefit under chapter 43 of title 38 solely because of employment during the period of such leave.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 706
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Execution of Sentences.—** A court-martial sentence shall be executed and take effect as follows:
(1) **Forfeiture and reduction.—** — A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of—
(A) the date that is 14 days after the date on which the sentence is adjudged; or
(B) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority.
(2) **Confinement.—** — Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged 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.
(3) **Approval of sentence of death.—** — If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended.
(4) **Approval of dismissal.—** — If in the case of a commissioned officer, cadet, or midshipman, 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 concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, r
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 857
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 561, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to apprehension. See [section 807 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section807&num=0&edition=prelim), Armed Forces.
Section 562, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, provided for apprehension of deserters. See [section 808 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section808&num=0&edition=prelim).
Section 563, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to imposition of restraint. See [section 809 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section809&num=0&edition=prelim).
Section 564, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to restraint of persons charged with offenses. See [section 810 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section810&num=0&edition=prelim).
Section 565, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, provided for reports and receiving of prisoners. See [section 811 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section811&num=0&edition=prelim).
Section 566, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, prohibited confinement of members of armed forces with enemy prisoners. See [section 812 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section812&num=0&edition=prelim).
Section 567, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, prohibited punishment before trial. See [section 813 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section813&num=0&edition=prelim).
Section 568, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, related to delivery of offenders to civil authorit
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 561 to 568
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Federal law — U.S. Code and appendices · legal_authorities
Page 727
TITLE 10—ARMED FORCES
§ 814
ject to this chapter charged with an offense under this
chapter shall be ordered into arrest or confinement, as
circumstances may require; but when charged only
with an offense normally tried by a summary court-
martial, he shall not ordinarily be placed in confine-
ment. When any person subject to this chapter is
placed in arrest or confinement prior to trial, imme-
diate steps shall be taken to inform him of the specific
wrong of which he is accused and to try him or to dis-
miss the charges and release him.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective on Jan. 1,
2019, as designated by the President, with imple-
menting regulations and provisions relating to applica-
bility to various situations, see section 5542 of Pub. L.
114–328 and Ex. Ord. No. 13825, set out as notes under
section 801 of this title.
§ 811. Art. 11. Reports and receiving of prisoners
(a) No provost marshal, commander of a
guard, or master at arms may refuse to receive
or keep any prisoner committed to his charge by
a commissioned officer of the armed forces,
when the committing officer furnishes a state-
ment, signed by him, of the offense charged
against the prisoner.
(b) Every commander of a guard or master at
arms to whose charge a prisoner is committed
shall, within twenty-four hours after that com-
mitment or as soon as he is relieved from guard,
report to the commanding officer the name of
the prisoner, the offense charged against him,
and the name of the person who ordered or au-
thorized the commitment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
811(a) ......
811(b) .
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 813
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