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10 U.S.C. § 847 — Art. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence

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

10 U.S.C. § 847 — Art. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence

**(a) In General.—** (1) Any person described in paragraph (2) who— (A) willfully neglects or refuses to appear; or (B) willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is required to produce; is guilty of an offense against the United States. (2) The persons referred to in paragraph (1) are the following: (A) Any person not subject to this chapter who— (i) is issued a subpoena or other process described in subsection (c) of [section 846 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section846&num=0&edition=prelim) (article 46); and (ii) is provided a means for reimbursement from the Government for fees and mileage at the rates allowed to witnesses attending the courts of the United States or, in the case of extraordinary hardship, is advanced such fees and mileage. (B) Any person not subject to this chapter who is issued a subpoena or other process described in subsection (d) of [section 846 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section846&num=0&edition=prelim) (article 46). **(b)** Any person who commits an offense named in subsection (a) shall be tried on indictment or information in a United States district court or in a court of original criminal jurisdiction in any of the Commonwealths or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the court’s discretion. **(c)** The United States attorney or the officer prosecuting for the United States in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, cour

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Source file: Laws/federal/codes/united-states-code/title-10/section-847-art-47-refusal-of-person-not-subject-to-chapter-to-appear-testify-or-pro--efcef90955.md
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Source location: Title 10, Chapter 47, § 847; chapter-047-uniform-code-of-military-justice.md

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

10 U.S.C. § 846 — Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial

**(a) Opportunity To Obtain Witnesses and Other Evidence.—** In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. **(b) Subpoena and Other Process Generally.—** Any subpoena or other process issued under this section (article)— (1) shall be similar to that which courts of the United States having criminal jurisdiction may issue; (2) shall be executed in accordance with regulations prescribed by the President; and (3) shall run to any part of the United States and to the Commonwealths and possessions of the United States. **(c) Subpoena and Other Process for Witnesses.—** A subpoena or other process may be issued to compel a witness to appear and testify— (1) before a court-martial, military commission, or court of inquiry; (2) at a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49); or (3) as otherwise authorized under this chapter. **(d) Subpoena and Other Process for Evidence.—** (1) **In general.—** — A subpoena or other process may be issued to compel the production of evidence— (A) for a court-martial, military commission, or court of inquiry; (B) for a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49); (C) for an investigation of an offense under this chapter; or (D) as otherwise authorized under this chapter. (2) **Investigative subpoena.—** — An investigative subpoena under paragraph (1)(C) may be issued before referral of charges to a

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

10 U.S.C. § 802 — Art. 2. Persons subject to this chapter

**(a)** The following persons are subject to this chapter: (1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it. (2) Cadets, aviation cadets, and midshipmen. (3) (A) While on inactive-duty training and during any of the periods specified in subparagraph (B)— (i) members of a reserve component or the Space Force; and (ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service. (B) The periods referred to in subparagraph (A) are the following: (i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations. (ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations. (iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations. (4) Retired members of a regular component of the armed forces who are entitled to pay. (5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.

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

10 U.S.C. § 801 — Article 1. Definitions

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

28 U.S.C. § 501 — Executive department

The Department of Justice is an executive department of the United States at the seat of Government.

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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

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

50 U.S.C. § 611 to 629 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### 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

10 U.S.C. § 847 — Art. 47. Refusal of person not subject to

Page 763 TITLE 10—ARMED FORCES § 847 counsel, the defense counsel,’’ for ‘‘The counsel for the Government, the counsel for the accused,’’. Subsec. (b). Pub. L. 114–328, § 5228(a)(2), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) re- lated to request by counsel for accused to interview the victim of an alleged sex-related offense. Subsec. (c). Pub. L. 114–328, § 5228(a)(3), amended sub- sec. (c) generally. Prior to amendment, text read as fol- lows: ‘‘Process issued in court-martial cases to compel witnesses to appear and testify and to compel the pro- duction of other evidence shall be similar to that which courts of the United States having criminal jurisdic- tion may lawfully issue and shall run to any part of the United States, or the Commonwealths and posses- sions.’’ Subsecs. (d), (e). Pub. L. 114–328, § 5228(a)(4), added subsecs. (d) and (e). 2014—Subsec. (a). Pub. L. 113–291, § 531(b)(2), (3)(B), substituted ‘‘counsel for the Government’’ for ‘‘trial counsel’’ and ‘‘counsel for the accused’’ for ‘‘defense counsel’’. Subsec. (b). Pub. L. 113–291, § 531(b)(3)(A), which di- rected substitution of ‘‘COUNSEL FOR ACCUSED’’ for ‘‘DE- FENSE COUNSEL’’ in heading of section, was executed by making the substitution in the heading of subsec. (b) to reflect the probable intent of Congress. Pub. L. 113–291, § 531(b)(2), (3)(B), substituted ‘‘counsel for the Government’’ for ‘‘trial counsel’’ and ‘‘counsel for the accused’’ for ‘‘defense counsel’’ wherever ap- pearing. Subsec. (b)(1). Pub. L. 113–291, § 531(b)(1), substituted ‘‘through the Special Victims’ Counsel or other counsel for the victim, if applicable’’ for ‘‘through trial coun- sel’’. 2013—Pub. L. 113–66 designated first sentence as sub- sec. (a) and second sentence as subsec.

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