2016 Pennsylvania Consolidated Statutes
Title 51 - MILITARY AFFAIRS
Chapter 59 - Posttrial Procedure and Review of Courts-martial
Section 5904 - Reconsideration and revision

51 PA Cons Stat § 5904 (2016) What's This?
§ 5904. Reconsideration and revision.

(a) General rule.--The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.

(b) Revision not authorized.--In no case may a proceeding in revision:

(1) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or

(3) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

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