(1) No person may, without the personís consent, be tried a second time for the same offense.
(2) 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 section until the finding of guilty has become final after review of the case has been fully completed.
(3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
(4) Administrative actions or proceedings do not bar proceedings under this chapter for an offense. A proceeding under this chapter for an offense does not bar an administrative action or proceeding unless the proceeding for an offense results in a finding of not guilty. [1961 c.454 §123; 1985 c.682 §31; 1999 c.157 §5]Section: Previous 398.206 398.208 398.209 398.210 398.212 398.214 398.216 398.218 398.220 398.222 398.224 398.226 398.228 398.230 398.232 Next
Last modified: August 7, 2008