2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part II - Personnel (Sections 501 - 1805)
Chapter 47A - Military Commissions (Sections 948a - 950t)
Subchapter IV - Trial Procedure (Sections 949a - 949o)
Sec. 949i - Pleas of the accused
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47A - MILITARY COMMISSIONS SUBCHAPTER IV - TRIAL PROCEDURE Sec. 949i - Pleas of the accused |
Contains | section 949i |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 111-84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2587; amended Pub. L. 112-81, div. A, title X, §1030(b), Dec. 31, 2011, 125 Stat. 1570; Pub. L. 113-291, div. A, title X, §1071(f)(9), Dec. 19, 2014, 128 Stat. 3510. |
Statutes at Large References | 120 Stat. 2614 123 Stat. 2587 125 Stat. 1570 128 Stat. 3510 |
Public and Private Laws | Public Law 109-366, Public Law 111-84, Public Law 112-81, Public Law 113-291 |
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(a) Plea of Not Guilty.—If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the military commission shall proceed as though the accused had pleaded not guilty.
(b) Finding of Guilt After Guilty Plea.—With respect to any charge or specification to which a plea of guilty has been made by the accused in a military commission under this chapter and accepted by the military judge, including a charge or specification that has been referred capital, a finding of guilty of the charge or specification may be entered by the military judge immediately without a vote by the members. The finding shall constitute the finding of the military commission unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
(c) Pre-Trial Agreements.—(1) A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective.
(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.
(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2587; amended Pub. L. 112–81, div. A, title X, §1030(b), Dec. 31, 2011, 125 Stat. 1570; Pub. L. 113–291, div. A, title X, §1071(f)(9), Dec. 19, 2014, 128 Stat. 3510.)
PRIOR PROVISIONSA prior section 949i, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to pleas of the accused, prior to the general amendment of this chapter by Pub. L. 111–84.
AMENDMENTS2014—Subsec. (b). Pub. L. 113–291 substituted a comma for ",," after "referred capital".
2011—Subsec. (b). Pub. L. 112–81, §1030(b)(1), in the first sentence, inserted ", including a charge or specification that has been referred capital," after "military judge", "by the military judge" after "may be entered", and "by the members" after "vote".
Subsec. (c). Pub. L. 112–81, §1030(b)(2), added subsec. (c).
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