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50 U.S.C. § 646 to 663 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 646 to 663 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

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Stable record: federal_law:legal_authorities:record_usc_499d1512a2f8474bd6c3d817
Source file: Laws/federal/codes/united-states-code/title-50/section-646-to-663-50-u-s-c-646-to-663-repealed-aug-10-1956-ch-1041-53-70a-stat-641--5f88a53ff6.md
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Source location: Title 50, Chapter 22, § 646 to 663; chapter-022-uniform-code-of-military-justice.md

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### Statutory Notes Section 646, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to errors of law and to lesser included offense. See [section 859 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section859&num=0&edition=prelim), Armed Forces. Section 647, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on record. See [section 860 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim). Section 648, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on general court-martial records. See [section 861 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim). Section 649, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for reconsideration and revision. See [section 862 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section862&num=0&edition=prelim). Section 650, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to rehearings. See [section 863 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section863&num=0&edition=prelim). Section 651, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, related to approval by convening authority. See [section 864 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim). Section 652, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for disposition of records after review by convening authority. See [section 865 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865&num=0&edition=prelim). Section 653, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for review by board of review. See [section 866 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim). Section 654, acts May 5, 1950, ch. 169, § 1, 64 Stat. 130; Mar. 2, 1955, ch. 9, § 1(i), 69 Stat. 10, provided for review by the Court of Military Appeals. See [section 867 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section867&num=0&edition=prelim). Section 655, act May 5, 1950, ch. 169, § 1, 64 Stat. 130, authorized establishment of branch offices of The Judge Advocate General. See [section 868 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section868&num=0&edition=prelim). Section 656, act May 30, 1950, ch. 169, § 1, 64 Stat. 130, provided for review in office of The Judge Advocate General. See [section 869 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section869&num=0&edition=prelim). Section 657, act May 5, 1950, ch. 169, § 1, 64 Stat. 130, provided for appellate counsel. See [section 870 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section870&num=0&edition=prelim). Section 658, act May 5, 1950, ch. 169, § 1, 64 Stat. 131, provided for execution of sentence and suspension of sentence. See [section 871 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section871&num=0&edition=prelim). Section 659, act May 5, 1950, ch. 169, § 1, 64 Stat. 131, related to vacation of suspension of a court-martial sentence. See [section 872 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section872&num=0&edition=prelim). Section 660, act May 5, 1950, ch. 169, § 1, 64 Stat. 132, provided for a petition for a new trial. See [section 873 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section873&num=0&edition=prelim). Section 661, act May 5, 1950, ch. 169, § 1, 64 Stat. 132, authorized remission and suspension of sentences. See [section 874 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section874&num=0&edition=prelim). Section 662, act May 5, 1950, ch. 169, § 1, 64 Stat. 132, related to restoration of rights, privileges, and property. See [section 875 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section875&num=0&edition=prelim). Section 663, act May 5, 1950, ch. 169, § 1, 64 Stat. 132, related to finality of court-martial judgments. See [section 876 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 874 — Art. 74. Remission and suspension

**(a)** The Secretary concerned and, when designated by him, any Under Secretary, 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 approved by the President. However, in the case of a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years. **(b)** The Secretary concerned 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.

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10 U.S.C. § 867 — Art. 67. Review by the Court of Appeals for the Armed Forces

**(a)** The Court of Appeals for the Armed Forces shall review the record in— (1) all cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death; (2) all cases reviewed by a Court of Criminal Appeals which the Judge Advocate General, after appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps, orders sent to the Court of Appeals for the Armed Forces for review; and (3) all cases reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on good cause shown, the Court of Appeals for the Armed Forces has granted a review. **(b)** The accused may petition the Court of Appeals for the Armed Forces for review of a decision of a Court of Criminal Appeals within 60 days from the earlier of— (1) the date on which the accused is notified of the decision of the Court of Criminal Appeals; or (2) the date on which a copy of the decision of the Court of Criminal Appeals, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record. The Court of Appeals for the Armed Forces shall act upon such a petition promptly in accordance with the rules of the court. **(c)** (1) In any case reviewed by it, the Court of Appeals for the Armed Forces may act only with respect to— (A) the findings and sentence set forth in the entry of judgment, as affirmed or set aside as incorrect in law by the Court of Criminal Appeals; (B) a decision, judgment, or order by a military judge, a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 868 — Art. 68. Branch offices

The Secretary concerned 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 Criminal Appeals with one or more panels. That Assistant Judge Advocate General and any Court of Criminal Appeals 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 Criminal Appeals established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the President.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 865 — Art. 65. Transmittal and review of records

**(a) Transmittal of Records.—** (1) **Finding of guilty in general or special court-martial.—** — If the judgment of a general or special court-martial entered under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General. (2) **Other cases.—** — In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation. **(b) Cases for Direct Appeal.—** (1) **Automatic review.—** — If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward— (A) the record of trial to the Court of Criminal Appeals for review under [section 866(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/3&num=0&edition=prelim) (article 66(b)(3)); and (B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals. (2) **Cases eligible for direct appeal review.—** (A) *In general.—* — If the case is eligible for direct review under [section 866(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/1&num=0&edition=prelim) (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused— (i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 871 — Repealed. Pub. L. 114–328, div. E, title LVIII, § 5302(b)(2), Dec. 23, 2016, 130 Stat. 2923]

### Statutory Notes Section, Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90–632, § 2(32), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98–209, § 5(e), Dec. 6, 1983, 97 Stat. 1399; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 113–66, div. A, title XVII, § 1702(c)(2), Dec. 26, 2013, 127 Stat. 957, related to execution and suspension of various types of sentences. #### Effective Date of Repeal Repeal effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section801&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 870 — Art. 70. Appellate counsel

**(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 defense counsel, who are qualified under [section 827(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b/1&num=0&edition=prelim) (article 27(b)(1)). **(b)** Appellate Government counsel shall represent the United States before the Court of Criminal Appeals or the Court of Appeals for the Armed Forces when directed to do so by the Judge Advocate General. Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General. **(c)** Appellate defense counsel shall represent the accused before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court— (1) when requested by the accused; (2) when the United States is represented by counsel; or (3) when the Judge Advocate General has sent the case to the Court of Appeals for the Armed Forces. **(d)** The accused has the right to be represented before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, 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. **(f)** To the greatest extent practicable, in any capital case, at least one defense counsel under subsection (c) shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regul

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 864 — Art. 64. Judge advocate review of finding of guilty in summary court-martial

**(a) In General.—** Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate’s review shall be in writing and shall contain the following: (1) Conclusions as to whether— (A) the court had jurisdiction over the accused and the offense; (B) the charge and specification stated an offense; and (C) the sentence was within the limits prescribed as a matter of law. (2) A response to each allegation of error made in writing by the accused. (3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law. **(b) Record.—** 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; or (2) such action is otherwise required by regulations of the Secretary concerned. **(c)** (1) The person to whom the record of trial and related documents are sent under subsection (b) may— (A) disapprove or approve the findings or sentence, in whole or in part; (B) remit, commute, or suspend the sentence in whole or in part; (C) except where the evidence was insufficient at the trial to

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10 U.S.C. § 873 — Art. 73. Petition for a new trial

At any time within three years after the date of the entry of judgment under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c), 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 Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

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10 U.S.C. § 862 — Art. 62. Appeal by the United States

**(a)** (1) In a trial by general or special court-martial, or in a pretrial proceeding under [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830a&num=0&edition=prelim) (article 30a), the United States may appeal the following: (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. (B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding. (C) An order or ruling which directs the disclosure of classified information. (D) An order or ruling which imposes sanctions for nondisclosure of classified information. (E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information. (F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority. (G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members. (2) (A) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding. (B) An appeal of an order or ruling may not be taken when prohibited by [section 844 of this title](https://uscode.house.gov/view.xhtml?r

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 872 — Art. 72. Vacation of suspension

**(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 special court-martial convening authority may detail a judge advocate, who is certified under [section 827(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b&num=0&edition=prelim) (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer 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 the officer exercising general court-martial jurisdiction vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in [section 857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section857&num=0&edition=prelim) (article 57). 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.

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