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10 U.S.C. § 853 — Art. 53. Findings and sentencing
Federal law — U.S. Code and appendices · legal_authorities
**(a) Announcement.—** A court-martial shall announce its findings and sentence to the parties as soon as determined.
**(b) Sentencing Generally.—**
(1) **General and special courts-martial.—** — Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.
(2) **Summary courts-martial.—** — If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
**(c) Sentencing for Capital Offenses.—**
(1) **In general.—** — In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—
(A) the members shall determine—
(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or
(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and
(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).
(2) **Lesser authorized punishments.—** — In accordance with regulations prescribed by the President, the military judge may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.
(3) **Other non-capital offenses.—** — In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the co
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Source location: Title 10, Chapter 47, § 853; chapter-047-uniform-code-of-military-justice.md
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**(a) Announcement.—** A court-martial shall announce its findings and sentence to the parties as soon as determined.
**(b) Sentencing Generally.—**
(1) **General and special courts-martial.—** — Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.
(2) **Summary courts-martial.—** — If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
**(c) Sentencing for Capital Offenses.—**
(1) **In general.—** — In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—
(A) the members shall determine—
(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or
(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and
(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).
(2) **Lesser authorized punishments.—** — In accordance with regulations prescribed by the President, the military judge may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.
(3) **Other non-capital offenses.—** — In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sentence Maximums.—** The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
**(b) Sentence Minimums for Certain Offenses.—**
(1) Except as provided in subsection (c) 11 See References in Text note below. of [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable.
(2) The offenses referred to in paragraph (1) are as follows:
(A) Rape under subsection (a) of [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120).
(B) Sexual assault under subsection (b) of such section (article).
(C) Rape of a child under subsection (a) of [section 920b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920b&num=0&edition=prelim) (article 120b).
(D) Sexual assault of a child under subsection (b) of such section (article).
(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80).
(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim) (article 81).
**(c) Imposition of Sentence.—**
(1) **In general.—** — In sentencing an accused under [section 853 of this title](https://uscode
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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-
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Federal law — U.S. Code and appendices · legal_authorities
**(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 become 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 (article) if, without fault of the accused—
(A) after introduction of evidence; and
(B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53);
(2) A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused—
(A) after the members, having taken an oath as members under [section 842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim) (article 42) and after completion of challenges under [section 841 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim) (article 41), are impaneled; and
(B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53);
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to paragraph (3), at any time before the announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—
(A) the manner in which the convening authority will dispose of one or more charges and specifications; and
(B) limitations on the sentence that may be adjudged for one or more charges and specifications.
(2) The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
(3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).
**(b) Acceptance of Plea Agreement.—** Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—
(1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Courts of Criminal Appeals.—**
(1) **In general.—** — Each Judge Advocate General shall establish a Court of Criminal Appeals 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 (h). 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 Criminal Appeals may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Criminal Appeals established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to the court will serve and which military judge assigned to the court will act as the senior judge on each panel. In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.
(2) **Additional qualifications.—** — In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law befor
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 768
TITLE 10—ARMED FORCES
§ 852
Subsec. (c). Pub. L. 114–328, § 5234(3), struck out ‘‘or
the president of a court-martial without a military
judge’’ after ‘‘the military judge’’ in introductory pro-
visions.
1968—Subsec. (a). Pub. L. 90–632, § 2(21)(A), limited the
balloting on the question of challenges to courts-mar-
tial without military judges.
Subsec. (b). Pub. L. 90–632, § 2(21)(B), substituted
‘‘military judge’’ for ‘‘law officer’’ and inserted ref-
erence to the military judge’s ruling upon challenges
for cause when a military judge is part of a court-mar-
tial and reference to questions of law.
Subsec. (c). Pub. L. 90–632, § 2(21)(C), substituted
‘‘military judge’’ for ‘‘law officer’’ and made minor
changes in phraseology eliminating the division be-
tween general and special court-martials.
Subsec. (d). Pub. L. 90–632, § 2(21)(D), added subsec. (d).
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.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–632 effective first day of
tenth month following October 1968, see section 4 of
Pub. L. 90–632, set out as a note under section 801 of
this title.
§ 852. Art. 52. Votes required for conviction, sen-
tencing, and other matters
(a) IN GENERAL.—No person may be convicted
of an offense in a general or special court-mar-
tial, other than—
(1) after a plea of guilty under section 845(b)
of this title (article 45(b));
(2) by a military judge in a court-martial
with a mili
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