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50 U.S.C. § 601 to 606 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

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

50 U.S.C. § 601 to 606 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 601, act May 5, 1950, ch. 169, § 1, 64 Stat. 118, related to charges and specifications. See [section 830 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830&num=0&edition=prelim), Armed Forces. Section 602, act May 5, 1950, ch. 169, § 1, 64 Stat. 118, prohibited compulsory self-incrimination. See [section 831 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section831&num=0&edition=prelim). Section 603, act May 5, 1950, ch. 169, § 1, 64 Stat. 118, related to investigations. See [section 832 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section832&num=0&edition=prelim). Section 604, act May 5, 1950, ch. 169, § 1, 64 Stat. 119, provided for forwarding of charges. See [section 833 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section833&num=0&edition=prelim). Section 605, act May 5, 1950, ch. 169, § 1, 64 Stat. 119, related to advice of staff judge advocate and reference for trial. See [section 834 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section834&num=0&edition=prelim). Section 606, act May 5, 1950, ch. 169, § 1, 64 Stat. 119, provided for service of charges. See [section 835 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section835&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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Source location: Title 50, Chapter 22, § 601 to 606; chapter-022-uniform-code-of-military-justice.md

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

10 U.S.C. § 830 — Art. 30. Charges and specifications

**(a) In General.—** Charges and specifications— (1) may be preferred only by a person subject to this chapter; and (2) shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths. **(b) Required Content.—** The writing under subsection (a) shall state that— (1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and (2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer. **(c) Duty of Proper Authority.—** When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable— (1) inform the person accused of the charges and specifications; and (2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline.

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10 U.S.C. § 831 — Art. 31. Compulsory self-incrimination prohibited

**(a)** No person subject to this chapter may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. **(b)** No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense 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 chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is 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.

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

10 U.S.C. § 835 — Art. 35. Service of charges; commencement of trial

**(a) In General.—** Trial counsel detailed for a court-martial under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial. **(b) Commencement of Trial.—** (1) Subject to paragraphs (2) and (3), no trial or other proceeding of a general court-martial or a special court-martial (including any session under [section 839(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section839/a&num=0&edition=prelim) (article 39(a)) may be held over the objection of the accused— (A) with respect to a general court-martial, from the time of service through the fifth day after the date of service; or (B) with respect to a special court-martial, from the time of service through the third day after the date of service. (2) An objection under paragraph (1) may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under paragraph (1)(A) or (1)(B). If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this subsection. (3) This subsection shall not apply in time of war.

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

10 U.S.C. § 833 — Art. 33. Disposition guidance

The President shall direct the Secretary of Defense to issue, in consultation with the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, non-binding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under sections 830 and 834 of this title (articles 30 and 34). Such guidance shall take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the Attorney General to attorneys for the Government with respect to disposition of Federal criminal cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 833

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

10 U.S.C. § 832 — Art. 32. Preliminary hearing required before referral to general court-martial

**(a) In General.—** (1) (A) Except as provided in subparagraph (B), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer detailed in accordance with subparagraph (C). (B) Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written waiver to— (i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required. (C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. (ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President. (2) The purpose of the preliminary hearing shall be limited to determining the following: (A) Whether or not the specification alleges an offense under this chapter. (B) Whether or not there is probable cause to believe that the accused committed the offense charged. (C) Whether or not the convening authority has court-martial jurisdiction over the accused and ove

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 832

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

10 U.S.C. § 834 — Art. 34. Advice to convening authority before referral for trial

**(a) General Court-martial.—** (1) **Staff judge advocate advice required before referral.—** — Subject to subsection (c), before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the staff judge advocate advises the convening authority in writing that— (A) the specification alleges an offense under this chapter; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense. (2) **Staff judge advocate recommendation as to disposition.—** — Together with the written advice provided under paragraph (1), the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline. (3) **Staff judge advocate advice and recommendation to accompany referral.—** — When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under paragraph (1) and the written recommendation of the staff judge advocate under paragraph (2) with respect to each specification shall accompany the referral. **(b) Special Court-martial; Convening Authority Consultation With Judge Advocate.—** Subject to subsection (c), before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues. **(c) Covered Offenses.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 834

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