51 Pennsylvania Consolidated Statutes Chapter 59 - Posttrial Procedure And Review Of Courts-martial

• Chapter Notes
• Section 5901 - Error Of Law; Lesser Included Offense
  (a) Error of law.--A finding or sentence of a court-martial shall not be held incorrect on the grounds of an error of law unless...
• Section 5902 - Action By Convening Authority
  (a) Report to convening authority.--The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the...
• Section 5903 - Action On General Court-martial Records
  The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer who shall submit his written...
• Section 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...
• Section 5905 - Rehearings
  (a) General rule.--The convening authority or other authorized party may order a rehearing. A rehearing may be ordered if the convening authority or other...
• Section 5906 - Approval By Convening Authority
  In acting on the findings and sentence of a court-martial, the convening authority shall approve only such findings of guilty, and the sentence or...
• Section 5907 - Disposition Of Records After Review By Convening Authority
  (a) General rule.--Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed...
• Section 5908 - Review By State Judge Advocate And Adjutant General
  (a) Review by State Judge Advocate of guilty finding.--Each general and special court-martial case in which there has been a finding of guilty shall...
• Section 5909 - Review By A Board Of Review
  (a) Composition of boards of review.--The State Judge Advocate may constitute one or more boards of review, each composed of not less than three...
• Section 5910 - Review By Superior Court
  (a) General rule.--Final judgments of courts-martial empowered to impose a sentence of confinement for one year or more are appealable to the Superior Court,...
• Section 5911 - Appellate Counsel
  (a) Counsel for the Commonwealth.--The State Judge Advocate shall detail a judge advocate as counsel to represent the Commonwealth in the review or appeal...
• Section 5912 - Execution Of Sentence; Suspension Of Sentence
  (a) Appellate review not waived and appeal not withdrawn.--If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the...
• Section 5913 - Vacation Of Suspension
  (a) Bad-conduct discharges and general court-martial sentences.--Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct...
• Section 5914 - Petition For New Trial
  At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for...
• Section 5915 - Remission And Suspension
  (a) General rule.--Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that...
• Section 5916 - Restoration
  (a) General rule.--Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion...
• Section 5917 - Finality Of Proceedings, Findings And Sentences
  The appellate review of records of trial, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed and all dismissals and discharges...
• Section 5918 - Leave Pending Review Of Conviction
  Under regulations prescribed by the Governor or the department, an accused who has been sentenced by a court-martial may be required to take leave...
• Section 5919 - Appeal By The Commonwealth
  (a) General rule.--In a trial by court-martial in which a punitive discharge may be adjudged, the Commonwealth may appeal the following: (1) An order...

Last modified: October 8, 2016