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Caste of Assassins UCMJ

C

Chuck Anumia

SOC-14 1K
Caste of Assassins Mercenary Corps UCMJ
(Uniform Code of Mercenary Justice)
801. ART. 1. DEFINITIONS.
In this chapter.
(1) "Judge Advocate General" means, severally, the Judge Advocates General of the Tactical Force and Navy Branches of the Caste of Assassins Mercenary Corps.
(2) The Tactical Force or Navy designated as such by appropriate authority.
(4) "Officer in Charge" means a member of the Tactical Force or Navy designated as such by appropriate authority.
(5) "Superior commissioned officer" means a commissioned officer superior in rank of command.
(6) "Military" refers to any or all of the armed forces.
(7) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an official interest in the prosecution of the accused.
(8) "Military Judge" means an official of a general or special court-martial detailed in accordance with section 826 of this title (article 26).
(9) "Law specialist" means a commissioned officer of the Tactical Force designated for special duty (law).
(10) "Legal officer" means any commissioned officer of the Tactical Force or Navy designated to perform legal duties for a command.
(11) "Judge Advocate" means--an officer of the Judge Advocate General's Corp of the Tactical Force or the Navy.
(12) "Record", when used in connection with the proceedings of a court-martial means--(A) an official written transcript, written summary, or other writing relating to the proceedings: or (B) an official audiotape, videotape, or similar material from which sound and visual images, depicting the proceedings may be reproduced.
802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(a) The following persons are subject to this chapter: Caste of Assassins Mercenary Corps
(1) Members of a regular component of the Caste of Assassins Mercenary Corps, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the Caste of Assassins Mercenary Corps inductees from the time of their actual induction into the Caste of Assassins Mercenary Corps; and other persons lawfully called or ordered into, or to duty in or for training in the Caste of Assassins Mercenary Corps, from the dates when they are required by the terms of the call or order to obey it.
(2) All personnel on probation in the Caste of Assassins Mercenary Corps.
(3) Retired members of a regular component of the Caste of Assassins Mercenary Corps who are entitled to pay.
(4) Retired members of a reserve component who are receiving hospitalization from Caste of Assassins Mercenary Corps.
(5) Persons in custody of the Caste of Assassins Mercenary Corps serving a sentence imposed by a court-martial.
(6) Prisoners of war in custody of the Caste of Assassins Mercenary Corps.
803. ART. 3. JURISDICTION TO TRY CERTAIN PERSONNEL
(a) Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the Imperium, may be relieved from amenability to trial by court-martial by reason of the termination of that status.
(b) Each person discharged from the Caste of Assassins Mercenary Corps who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to trial by court-martial for all offense under this chapter committed before the fraudulent discharge.
(c) No person who has deserted from the Caste of Assassins Mercenary Corps may be relieved from amenability to the jurisdiction of this chapter by virtue of separation from any later period of service.
(d) A member of a reserve component who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.
804 ART. 4. DISMISSED OFFICER'S RIGHT TO TRIAL BY COURT-MARTIAL
(a) If any commissioned officer, dismissed by order of the president, makes a written application for trial by court-martial setting forth under oath, that he has been wrongfully dismissed, the President, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal or death, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue.
(b) If the President fails to convene a general court-martial within six months from the preparation of an application for trial under this article, the Secretary concerned shall substitute for the dismissal order by the President a form of discharge authorized for administrative issue.
(c) If a discharge is substituted for a dismissal under this article, the President alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the President, that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
(d) If an officer is discharged from the Caste of Assassins Mercenary Corps by administrative action or is dropped from the rolls by order of the President, he has no right to trial under this article.
805. ART. 5. TERRITORIAL APPLICABILITY OF THIS CHAPTER
This chapter applies in all places throughout space.
806. ART. 6. JUDGE ADVOCATES AND LEGAL OFFICERS
(a) The assignment for duty of judge advocates of the Caste of Assassins Mercenary Corps shall be made upon the recommendation of the Judge Advocate General of the Caste of Assassins Force of which they are members. The Judge Advocate General or senior members of his staff shall make frequent inspection in the field in supervision of the administration of military justice.
(b) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General.
(c) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as staff judge-advocate or legal officer to any reviewing authority upon the same case.
(d) (1) A judge advocate who is assigned or detailed to perform the functions of a civil office in the Caste of Assassins Mercenary Corps under section 973(*b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the Caste of Assassins Mercenary Corps in civil and criminal cases. (2) The Secretary shall prescribe regulations providing that reimbursement may be a condition of assistance by judge advocates assigned or detailed under section 973(b)(2)(B) of this title.
 
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806a. ART. 6a. INVESTIGATION AND DISPOSITION OF MATTERS PERTAINING TO THE FITNESS OF MILITARY JUDGES.
(a) The President shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge to perform the duties of the judge's position, to the extent practicable, the procedures shall be uniform for all armed forces.
(b) The President shall transmit a copy of the procedures prescribed pursuant to this section to the Committees on Armed Services of the Caste of Assassins Mercenary Corps.
807. ART. 7. APPREHENSION
(a) Apprehension is the taking of a person into custody.
(b) Any person authorized under regulations governing the Caste of Assassins Mercenary Corps to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(c) Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this chapter who take part therein.
808. ART. 8. APPREHENSION OF DESERTERS
Any civil officer having authority to apprehend offenders under the laws of the Imperium may summarily apprehend a deserter from the Caste of Assassins Mercenary Corps and deliver him into the custody of those forces.
809. ART. 9. IMPOSITION OF RESTRAINT
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
(c) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
(d) No person may be ordered into arrest or confinement except for probable cause.
(e) Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
810. ART. 10. RESTRAINT OF PERSONS CHARGED WITH OFFENSES
Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
811. ART. 11. REPORTS AND RECEIVING OF PRISONERS
(a) No provost marshal, commander or a guard, or master at arms may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of the armed forces, when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner.
(b) Every commander of a guard or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
812. ART. 12. CONFINEMENT WITH ENEMY PRISONERS PROHIBITED
No member of the Caste of Assassins Mercenary Corps may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the Caste of Assassins Mercenary Corps.
813. ART. 13 PUNISHMENT PROHIBITED BEFORE TRIAL
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
814. ART. 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES
(a) Under such regulations as the Secretary concerned may prescribe, a member of the Caste of Assassins Mercenary Corps accused of an offense against civil authority may be delivered, upon written request, to the civil authority for trial.
(b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to Caste of Assassins Mercenary Corps custody for the completion of his sentence.
 
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815. ART. 15. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT
(a) Under such regulations as the President may prescribe, and under such additional regulations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the Caste of Assassins Mercenary Corps under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations of the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate his powers under this article to a principal assistant.
(b) Subject to subsection (a) any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial--
(1) upon officers of his command--
(A) restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
(B) if imposed by an officer exercising general court-martial jurisdictions or an officer of general rank in command-- (i) arrest in quarters for not more than 30 consecutive days;
(ii) forfeiture of not more than one-half of one month's pay per month for two months;
(iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(iv) detention of not more than one-half of one month's pay per month for three months;
(2) upon other personnel of his command--
(A) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;
(B) correctional custody for not more than seven consecutive days;
(C) forfeiture of not more than seven days' pay;
(D) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
(E) extra duties, including fatigue or other duties, for not more than 14 consecutive days;
(F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;
(G) detention of not more than 14 days' pay;
(H) if imposed by an officer of the grade of major or lieutenant commander, or above--
(i) the punishment authorized under clause (A);
(ii) correctional custody for not more than 30 consecutive days;
(iii) forfeiture of not more than one-half of one month's pay per month for two months;
(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, by an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(v) extra duties, including fatigue or other duties, for not more than 45 consecutive days;
(vi) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(vii) detention of not more than one-half of one month's pay per month for three months. Detention of pay shall be for a stated period of not more than one year but if the offender's term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement or bread and water or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purpose of this subsection, "correctional custody" is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under subsection (b)(2)(A)-(G) as the Secretary concerned may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or forfeiture imposed under subsection (b), whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating--
(1) arrest in quarters to restriction;
(2) confinement on bread and water or diminished rations to correctional custody;
(3) correctional custody confinement on bread and water or diminished rations to extra duties or restriction, or both; or
(4) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment.Before acting on appeal from a punishment of--
(1) arrest in quarters for more than seven days;
(2) correctional custody for more than seven days;
(3) forfeiture of more than seven days' pay;
(4) reduction of one or more pay grades from the fourth or a higher pay grade;
(5) extra duties fro more than 14 days;
(6) restriction for more than 14 days; or
(7) detention of more than 14 days' pay; the authority who is to act on the appeal shall refer the case to a judge advocate or a lawyer of the Department of Transportation for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b).
(f) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(g) The Secretary concerned may, by regulation, prescribe the form of records to be kept under this article and may also prescribe that certain categories of those proceedings shall be in writing.
816. ART. 16. COURT-MARTIAL CLASSIFIED
The three kinds of courts-martial in each of the Caste of Assassins Mercenary Corps are--(1) general courts-martial, consisting of--(A) a military judge and not less than five members; or (B) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves; (2) special courts-martial, consisting of--(A) not less than three members; or (B) a military judge and not less than three members; or (C) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and (3) summary courts-martial, consisting of one commissioned officer.
 
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817. ART. 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL
(a) Each armed force has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one armed force over personnel of another armed force shall be in accordance with regulations prescribed by the President.
(b) In all cases, departmental review after that by the officer with authority to convene a general court-martial for the command which held the trial, where that review is required under this chapter, shall be carried out by the department that includes the Tactical or Naval force of which the accused is a member.
818. ART. 18. JURISDICTION OF GENERAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. However, a general court-martial of the kind specified in section 816(1)(B) of this title (article 16(1)(B)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as noncapital case.
ART. 19. JURISDICTION OF SPECIAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than six months, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than six months. A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
820 ART. 20. JURISDICTION OF SUMMARY COURTS-MARTIAL
Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, hard labor without confinement for more than 45 days, restrictions to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.
821. ART. 21. JURISDICTION OF COURTS-MARTIAL NOT EXCLUSIVE
The provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals
822. ART. 22. WHO MAY CONVENE GENERAL COURTS-MARTIAL
(a) General courts-martial may be convened by-- (1) the President of the Caste of Assassins Mercenary Corps; *(2) the Vice President; *(3) the commanding officer of a Caste of Assassins Mercenary Corps Sector; (4) the Secretary; (5) the commanding officer of a Caste of Assassins Mercenary Corps subsector; (6) the commander in chief of a fleet; the commanding officer of a naval station or larger activity of the Navy. (7) the commanding officer of an air command, an air force, an air division, or a separate wing of the Caste of Assassins Mercenary Corps (8) any other commanding officer designated by the Secretary; or (9) any other commanding officer of the Caste of Assassins Mercenary Corps when empowered by the President. (b) If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.
823. ART. 23. WHO MAY CONVENE SPECIAL COURTS-MARTIAL
Special courts-martial may be convened by—(1) any person who may convene a general court-martial; (2) the commanding officer of the Caste of Assassins Mercenary Corps sector, or other place where members of the Caste of Assassins Mercenary Corps are on duty; (3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Caste of Assassins Mercenary Corps; (4) the commanding officer of a wing, group, or separate squadron of the Caste of Assassins Mercenary Corps; (5) the commanding officer of any naval vessel, shipyard, base, or station; (6) the commanding officer of any separate or detached command or group of detached units of any of the Caste of Assassins Mercenary Corps placed under a single commander for this purpose; or (7) the commanding officer or officer in charge of any other command when empowered by the Secretary. (b) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
 
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824. ART. 24. WHO MAY CONVENE SUMMARY COURTS-MARTIAL
(a) Summary courts-martial may be convened by--(1) any person who may convene a general or special court-martial; (2) the commanding officer of a detached company other detachment of the Caste of Assassins Mercenary Corps; (3) the commanding officer of a detached squadron or other detachment of the Caste of Assassins Mercenary Corps; or (4) the commanding officer or officer in charge of any other command when empowered by the Secretary. (b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.
825. ART, 25. WHO MAY SERVE ON COURTS-MARTIAL
(a) Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(b) Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial. *
(c) (1) Any enlisted member of the Caste of Assassins Mercenary Corps on active duty who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of the Caste of Assassins Mercenary Corps who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge under section 839(a) of this title (article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special courts-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. (2) In this article, "unit" means any regularly organized body as defined by the Secretary, but in no case may it be a body larger than a company, squadron, ship's crew, or body corresponding to one of them. (d) (1) When it can be avoided, no member of the Caste of Assassins Mercenary Corps may be tried by a court-martial any member of which is junior to him in rank or grade. (2) When convening a court-martial, the convening authority shall detail as member thereof such members of the armed forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. (e) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Secretary concerned may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.
826. ART. 26. MILITARY JUDGE OF A GENERAL OR SPECIAL COURT-MARTIAL
(a) A military judge shall be detailed to each general court-martial. Subject to regulations of the Secretary, a military judge may be detailed to any special court-martial. The Secretary shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial in which he has been detailed.
(b) A military judge shall be a commissioned officer of the Caste of Assassins Mercenary Corps who is a member of the bar of the highest Sub Sector of a Sector and who is certified to be qualified for duty as a military judge by the Judge Advocate General of the Caste of Assassins Mercenary Corps of which such military judge is a member.
(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the Caste of Assassins Mercenary Corps of which the military judge is a member of detail in accordance with regulations prescribed under subsection (a). Unless the court-martial was convened by the President or the Secretary, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee.
(d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
(e) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.
 
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827. ART. 27. DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL
(a) (1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial. (2) No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(b) Trial counsel or defense counsel detailed for a general court-martial-must be a judge advocate who is a graduate of an accredited law school or is a member of the bar or of the Imperial court; and (2) must be certified as competent to perform such duties by the Judge Advocate General of the Caste of Assassins Mercenary Corps of which he is a member.
(c) In the case of a special court-martial-- (1) the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained; (2) if the trial counsel is qualified to act as counsel before a general curt-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and (3) if the trial counsel is a judge advocate or a member of the bar or of the Imperial court, the defense counsel detailed by the convening authority must be one of the foregoing.
828. ART. 28 DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS.
Under such regulations as the Secretary concerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission.
829. ART. 29. ABSENT AND ADDITIONAL MEMBERS
(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
(b) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new member sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.
(c) Whenever a special court-martial, other than a special court-marital composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused and counsel for both sides.
(d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 816(1)(B) or (2)(C) of this title (article 16(1)(B) or (2)(C), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
830. ART. 30. CHARGES AND SPECIFICATIONS
(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state-- (1) that the signer has personal knowledge of, or has investigated, the matters set forth therein; and (2) that they are true in fact to the best of his knowledge and belief.
(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.
831 ART. 31. COMPULSORY SELF-INCRIMINATION PROHIBITED
(a) No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
(b) No person subject to this chapter may interrogate, or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
(c) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence in not material to the issue and may tend to degrade him.
(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
832. ART. 32. INVESTIGATION
(a) No charge or specification may be referred to a general court-martial for trial until a through and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
(d) The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error.
 
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833. ART.. 33. FORWARDING OF CHARGES
When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for the delay.
834. ART. 34. ADVICE OF STAFF JUDGE ADVOCATE AND REFERENCE FOR TRIAL
(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless he has been advised in writing by the staff judge advocate that--(1) the specification alleges an offense under this chapter; (2) the specification is warranted by the evidence indicated in the report of investigation under section 832 of this title (article 32) (if there is such a report); and (3) a court-martial would have jurisdiction over the accused and the offense.
(b) The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate--(1) expressing his conclusions with respect to each matter set forth in subsection (a); and (2) recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.
(c) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigation officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
835. ART. 35. SERVICE OF CHARGES.
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his objection, be brought to trial or be required to participate by himself or counsel in a session called by the military judge under section 839(a) of this title (article 39(a)), in a general court-martial case within a period of five days after the service of charges upon him or in a special court-martial within a period of three days after the service of the charges upon him.
836. ART 36. PRESIDENT MAY PRESCRIBE RULES
(a) Pretrial, trial, and post trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the Imperial courts, but which may not be contrary to or inconsistent with this chapter.
(b) All rules and regulations made under this article shall be uniform insofar as practicable and shall be reported to Caste of Assassins Mercenary Corps judicial offices.
(c) At his discretion, the President of the Caste of Assassins may have all charges dropped against a member of the Caste of Assassins Mercenary corps if they do not involve loss of life or property or without adequate remuneration for such loss to the victim or the victims family.
*Note: Adequacy shall be determined by the Court Marshall board.
837. ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(b) In the preparation of an effectiveness, fitness, or efficiency report on any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member, as counsel, represented any accused before a court-martial.
838. ART. 38. DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL
(a) The trial counsel of a general or special court-martial shall prosecute in the name of the Caste of Assassins Mercenary Corps and shall, under the direction of the court, prepare the record of the proceedings.
(b) (1) The accused has the right to be represented in his defense before a general or special court-martial or at an investigation under section 832 of this title (article 32) as provided in this subsection. (2) The accused may be represented by civilian counsel if provided by him. (3) The accused may be represented-- (A) by military counsel detailed under section 827 of this title (article 27); or (B) by military counsel of his own selection if that counsel is reasonably available (as determined under regulations prescribed under paragraph (7)). (4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused. (5) Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) shall be excused. (6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 827 of this title (article 27) to detail counsel in his sole discretion--(A) may detail additional military counsel as assistant defense counsel; and (B) if the accused is represented by military counsel of his own selection under paragraph (3)(B), may approve a request from the accused that military counsel detailed under paragraph (3)(A) act as associate defense counsel. (7) The Secretary shall, by regulation, define "reasonably available" for the purpose of paragraph (3)(B) and establish procedures for determining whether the military counsel selected by an accused under that paragraph is reasonably available. Such regulations may not prescribe any limitation based on the reasonable availability of counsel solely on the grounds that the counsel selected by the accused if from an armed force other than the armed force of which the accuse is a member. To the maximum extent practicable, such regulations shall establish uniform policies among the Caste of Assassins Mercenary Corps while recognizing the differences in the circumstances and needs of the various other armed forces. The Secretary shall submit copies of regulations prescribed under this paragraph to the judicial department of the Caste of Assassins Mercenary Corps.
(c) In any court-martial proceeding resulting in a conviction, the defense counsel-(1) may foreword for attachment to the record of proceedings a brief of such matters as he determines should be considered in behalf of the accused on review (including any objections to the contents of the record which he considers appropriate); (2) may assist the accused in the submission of any mater under section 860 of this title (article 60); and (3) may take other action authorized by this chapter.
(d) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by section 827 of this title (article 27), perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(e) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by section 827 of this title (article 27), perform any duty imposed by law, regulation, or custom of the service upon counsel for the accused.
 
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839. ART. 39. SESSIONS
(a) At any time after the service of charges which have been referred for trial by court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of--(1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; (2) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court; (3) if permitted by regulations of the Secretary concerned, holding the arraignment and receiving the pleas of the accused; and (4) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.
(b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
840. ART. 40. CONTINUANCES.
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
841. ART. 41. CHALLENGES
(a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or if none, the court, shall determine the relevance and validity of the challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) Each accused and the trial counsel is entitled to one preemptory challenge, but the military judge may not be challenged except for cause.
842. ART. 42. OATHS
(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person is detailed to that duty.
(b) Each witness before a court-martial shall be examined on oath.
* 843. ART. 43. STATUTE OF LIMITATIONS
(a) A person charged with absence without leave or missing movement in time of war, or with any offense punishable by death, may be tried at any time without limitation.
(b) (1) Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. (2) A person charged with an offense is not liable to be punished under section 815 of this title (article 15) if the offense was committed more than two years before the imposition of punishment.
(c) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section (article).
(d) Periods in which the accused was absent from territory in which the Imperium has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
(e) For an offense the trial of which in time of war is certified to the President by the Secretary to be detrimental to the prosecution of the war or inimical to the Caste of Assassins Mercenary Corps security, the period of limitation prescribed in this article is extended to six months after the termination of hostilities as proclaimed by the President.
(f) When the Caste of Assassins Mercenary Corps is at war, the running of any statute of limitations applicable to any offense under this chapter-- (1) involving fraud or attempted fraud against the Caste of Assassins Mercenary Corps or any agency thereof in any manner, whether by conspiracy or not; (2) committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the Caste of Assassins Mercenary Corps; or (3) committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency; is suspended until three years after the termination of hostilities as proclaimed by the President.
*(g) (1) If charges or specifications are dismissed or insufficient for any cause and the period prescribed by the applicable statute of limitations-- (A) has expired; or (B) will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not bared by the statute of limitations if the conditions specified in paragraph (2) are met. (2) The conditions referred to in paragraph (1) are that the new charges and specifications must-- (A) be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after dismissal of the charges or specifications; and (B) allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications).
844. ART. 44. FORMER JEOPARDY
(a) No person may, without his consent, be tried a second time for the same offense.
(b) No proceeding in which the accused has been found guilty by court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or 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 article.
845. ART. 45. PLEAS OF THE ACCUSED
(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
(b) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concurrence, be entered immediately whither vote. This finding shall constitute the finding of the court 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.
846. ART. 46. OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE
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. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the Imperium having criminal jurisdiction may lawfully issue and shall run to any part of the Imperium, or the Territories, Commonwealths, and possessions.
 
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847. ART. 47. REFUSAL TO APPEAR OR TESTIFY
(a) Any person not subject to this who--(1) has been dully subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board; (2) has been dully paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the Caste of Assassins Mercenary Corps; and (3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce; is guilty of an offense against the Caste of Assassins Mercenary Corps.
(b) Any person who commits an offense named in subsection (a) shall be tried on information in a Imperial district court or in a court of original criminal jurisdiction in any of the Territories, Commonwealths, or possessions of the Imperium, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such person shall be punished by a fine of not more than $500, or imprisonment for not more than six months, or both.
(c) The Caste of Assassins Mercenary Corps attorney or the officer prosecuting for the Caste of Assassins Mercenary Corps 0in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, or board, file an information against and prosecute any person violating this article.
(d) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
848. ART. 48. CONTEMPT'S
A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100 or both.
849. ART. 49. DEPOSITIONS
(a) At any time after charges have been signed as provided in section 830 of this title (article 30), any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an attorney competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c) Depositions may be taken before and authenticated by any military or civilian authorized by the laws of the Imperium or by the laws of the place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonable notice to other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any military court or commission in any case not capital, or in any proceeding before a court of inquiry or military board, if it appears--that the witness resides or is beyond the Sector, Territory, Commonwealth, or District in which the court, commission, or board is ordered to sit, or beyond 10 Parsecs from the place of trial or hearing; (2) that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, non amenability to process, or other reasonable cause is unable or refuses to appear and testify in person at the place of trial or hearing; or (3) that the present whereabouts of the witness is unknown.
(e) Subject to subsection (d), a deposition may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence in any case in which the death penalty is authorized but is not mandatory, whenever the convening authority directs that the case be treated as not capital, and in such a case a sentence of death may not be adjudged by the court-martial.
850. ART. 50. ADMISSIBILITY OF RECORDS OF COURTS OF INQUIRY
(a) In any case not capital and not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial or military commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(b) such testimony may be read in evidence only by the defense in capital cases extending to the dismissal of a commissioned officer.
(c) Such testimony may also be read in evidence before a court of inquiry or a military board.
* 850a. ART. 50a. DEFENSE OF LACK OF MENTAL RESPONSIBILITY
(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a sever mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge, or the president of the court-martial without a military judge, shall instruct the members of the court as to the defense of lack of mental responsibility under this section and shall charge them to find the accused-- (1) guilty; (2) not guilty; or (3) not guilty only by reason of lack of mental responsibility.
(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused--(1) guilty; (2) not guilty; or (3) not guilty only by reason of lack of mental responsibility.
(e) Notwithstanding the provision of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if-- (1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or (2) in the case of court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.
 
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851. ART. 51. VOTING AND RULINGS
(a) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(b) The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall ruse upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of lay or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 852 of this title (article 52), beginning with the junior in rank.
(c) Before a vote is taken of the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them-- (1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt; (2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted; (3) that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and (4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the Caste of Assassins Mercenary Corps.
(d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is field, it will be sufficient if the findings of fact appear therein.
852. ART. 52. NUMBER OF VOTES REQUIRED
(a) (1) No person may be convicted of an offense for which the death penalty is made mandatory by law, except by the concurrence of all the members of the court-martial present at the time the vote is taken. (2) No person may be convicted of any other offense, except as provided in section 845(b) of this title (article 45(b)) or by concurrence of two-thirds of the members present at the time the vote is taken. (b) (1) No person may be sentenced to suffer death, except by the concurrence of all the members of the court-martial present at the time the vote is taken and for an offense in this chapter expressly made punishable by death. (2) No person may be sentenced by life imprisonment or to confinement for more than ten years, except by the concurrence of three-fourths of the members at the time the vote is taken. (3) All other sentences shall be determined by the concurrence of two-thirds of the members at the time the vote is taken. (c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused sanity, is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
853. ART. 53. COURT TO ANNOUNCE ACTION
A court-martial shall announce its findings and sentence to the parties as soon as determined.
854. ART. 54. RECORD OF TRIAL
(a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under the subsection.
(b) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as the President may prescribe.
(c) (1) A complete record of the proceedings and testimony shall be prepared--(A) in each general court-martial case in which the sentence adjudged includes death, a dismissal, a discharge, or (if the sentence adjudged does not include a discharge) or any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and (B) in each special court-martial case in which the sentence includes a bad-conduct discharge. (2) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the President.
(d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
855. ART. 55. CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED.
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
856. ART. 56. MAXIMUM LIMITS
The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
857. ART. 57. EFFECTIVE DATE OF SENTENCES
(a) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).
(b) Any period of confinement included in a sentence of a court-martialbegins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(c) All other sentences of courts-martial are effective on the date ordered executed.
(d) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority, or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
 
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858. ART. 58. EXECUTION OF CONFINEMENT.
(a) Under such instructions as the Secretary may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the Imperium, or which the Imperium may be allowed to use. Persons so confined in a penal or correctional institution not under the control of the Caste of Assassins Mercenary Corps are subject to the same discipline and treatment as persons confined or committed by the courts of the Imperium or place in which the institution is situated.
(b) The omission of the words "hard labor" from any sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.
858a. ART. 58a. SENTENCES: REDUCTION IN ENLISTED GRADE UPON APPROVAL
(a) Unless otherwise provided in regulations to be prescribed by the Secretary, a court-martial sentence of an enlisted member in pay grade above E-1, as approved by the convening authority, that includes--(1) a dishonorable or bad-conduct discharge; (2) confinement; or (3) hard labor without confinement; reduces that member to pay grade E1, effective on the date of that approval.
(b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as finally approved does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled for the period the reduction was in effect, had he not been so reduced
877. ART. 77. PRINCIPALS
Any person punishable under this chapter who--
(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission or
(2) causes an act to be done which if directly performed by him would be punishable by this chapter, is a principal.
878. ART. 78. ACCESSORY AFTER THE FACT
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
879. ART. 79. CONVICTION OF LESSER OFFENSE
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
880. ART. 80. ATTEMPTS
(a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
881. ART. 81. CONSPIRACY
Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
882. ART. 82. SOLICITATION
(a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who solicits or advises another or others to commit an act or misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
883. ART. 83. FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION
Any person who--
(1) procures his own enlistment or appointment in the Caste of Assassins Mercenary Corps by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the Caste of Assassins Mercenary Corps by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct.
884. ART. 84. UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION
Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
885. ART. 85. DESERTION
(a) Any member of the Caste of Assassins Mercenary Corps who--
(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the tactical forces enlists or accepts an appointment in the same or another unit of the Caste of Assassins Mercenary Corps without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the Caste of Assassins Mercenary Corps; is guilty of desertion.
(b) Any commissioned officer of the Caste of Assassins who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
886. ART. 86. ABSENCE WITHOUT LEAVE
Any member of the Caste of Assassins Mercenary Corps who, without authority--
(1) fails to go to his appointed place of duty at the time prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.
887. ART. 87. MISSING MOVEMENT
Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
888. ART. 88. CONTEMPT TOWARD OFFICIALS
Any commissioned officer who uses contemptuous words against the President, the Vice President, the Secretary, or the Governor or legislature of any Imperial State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
889. ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER
Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
890. ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.
Any person subject to this chapter who--
(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or
(2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.
891. ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER
Any warrant officer or enlisted member who--
(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office; shall be punished as a court-martial may direct.
 
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892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
893. ART. 93. CRUELTY AND MALTREATMENT
Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
894. ART. 94. MUTINY OR SEDITION
(a) Any person subject to this chapter who--
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
895. ART. 95. RESISTANCE, BREACH OF ARREST, AND ESCAPE
Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from custody shall be punished as a court-martial may direct.
896. ART. 96. RELEASING PRISONER WITHOUT PROPER AUTHORITY
Any person subject to this chapter who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
897. ART. 97. UNLAWFUL DETENTION
Any person subject to this chapter who, except as provided by law, arrests, or confines any person shall be punished as a court-martial may direct.
898. ART. 98. NONCOMPLIANCE WITH PROCEDURAL RULES
Any person subject to this chapter who--
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
(2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct.
899. ART. 99. MISBEHAVIOR BEFORE THE ENEMY
Any person subject to this chapter who before or in the presence of the enemy--
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) casts away his arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place under control of the armed forces;
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the Caste of Assassins or their allies when engaged in battle; shall be punished by death or such punishment as a court-martial may direct.
900. ART. 100. SUBORDINATE COMPELLING SURRENDER
Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct.
901. ART. 101. IMPROPER USE OF COUNTERSIGN
Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished by death or such other punishment as a court-martial may direct.
902. ART. 102. FORCING A SAFEGUARD
Any person subject to this chapter forces a safeguard shall suffer death or such other punishment as a court-martial may direct.
903. ART. 103. CAPTURED OR ABANDONED PROPERTY
(a) All persons subject to this chapter will secure all public property taken from the enemy for the service of the Caste of Assassins Mercenary Corps, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
(b) Any person subject to this chapter who--
(1) fails to carry out the duties prescribed in subsection (a);
(a) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or a advantage to himself or another directly or indirectly connected with himself; or
(b) engages in looting or pillaging; shall be punished as a court-martial may direct.
904. ART. 104. AIDING THE ENEMY
Any person who--
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or [protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct.
905. ART 105. MISCONDUCT AS PRISONER
Any person subject to this chapter who, while in the hands of the enemy in time of war--
(1) for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) while in a position of authority over such persons maltreat them without justifiable cause; shall be punished as a court-martial may direct.
906. ART. 106. SPIES
Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the Caste of Assassins, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death.
 
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906a. ART. 106a. ESPIONAGE
(A)
(1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the Caste of Assassins Mercenary Corps or the Imperium or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, any thing described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns
(A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack,
(B) war plans,
(C) communications intelligence or cryptographic information, or
(D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-martial may direct.
(2) An entity referred to in paragraph (1) is--
(A) a foreign government;
(B) a faction or party or military force within a foreign country, whether recognized or unrecognized by the Imperium.
(C) a representative, officer, agent, employee, subject, or citizen of such government, faction, party, or force.
(3) A thing refereed to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance or information relating to the national defense. (b) (1) No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless-- (A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and
(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c). (2) Findings under this subsection may be based on--
(A) evidence introduced on the issue of guilt or innocence;
(B) evidence introduced during the sentencing proceeding; or
(C) all such evidence. (3) The accused shall be given broad latitude to present matters in extenuation and mitigation.
(c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:
(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute.
(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.
(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person.
(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (Article 36).
907. ART. 107. FALSE STATEMENTS
Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
908. ART. 108. MILITARY PROPERTY OF CASTE OF ASSASSINS MERCENARY CORPS-LOSS, DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION
Any person subject to this chapter who, without proper authority--
(1) sells or otherwise disposes of;
(2) willfully ore through neglect damages, destroys, or loses; or
(3) willfully or through neglect suffers to be lost, damaged, sold, or wrongfully disposed of; any military property of the Caste of Assassins, shall be punished as a court-martial may direct.
909. ART. 109. PROPERTY OTHER THAN MILITARY PROPERTY OF CASTE OF ASSASSINS MERCENARY CORPS- WASTE, SPOILAGE, OR DESTRUCTION
Any person subject to this chapter who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States shall be punished as a court-martial may direct.
910. ART 110. IMPROPER HAZARDING OF VESSEL
(a) Any person subject to this chapter who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces shall suffer death or such punishment as a court-martial may direct.
(b) Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel of the armed forces shall be punished as a court-martial may direct.
* 911. ART. 111. DRUNKEN OR RECKLESS DRIVING
Any person subject to this chapter who operates any Ground or Grav vehicle while drunk, or in a reckless or wanton manner, or while impaired by a substance described in section 912a(b) of this title (article 112a(b)), shall be punished as a court-martial may direct.
912. ART. 112. DRUNK ON DUTY
Any person subject to this chapter other than a sentinel or look-out, who is found drunk on duty, shall be punished as a court-martial may direct.
912a. ART. 112a. WRONGFUL USE, POSSESSION, ETC., OF CONTROLLED SUBSTANCES
(a) Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the Imperium, exports form the Imperium, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct.
(b) The substances refereed to in subsection (a) are the following:
(1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamephetamine, penecyclidine, barbituric acid, and marijuana, and any compound or derivative of any such substance.
(2) Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of this article.
(3) Any other substance not specified in clause (1) or contained on a list prescribed by the President under clause (2) that is listed in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
913. ART. 113. MISBEHAVIOR OF A SENTINEL OR LOOKOUT
Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, by if the offense is committed at any other time, by such punishment other than death as court-martial may direct.
914. ART. 114. DUELING
Any person subject to this chapter who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
915. ART 115. MALINGERING
Any person subject to this chapter who for the purpose of avoiding work, duty, or service--
(1) feigns illness, physical disablement, mental lapse or derangement; or (2) intentionally inflects self-injury; shall be punished as a court-martial may direct.
916. ART. 116. RIOT OR BREACH OF PEACE
Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
917. ART. 117. PROVOKING SPEECHES OR GESTURES
Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.
918. ART. 118. MURDER
Any person subject to this chapter whom without justification or excuse, unlawfully kills a sentient being, when he--
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of sentient life; or
(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson; is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.
919. ART. 119. MANSLAUGHTER
(a) Any person subject to this chapter who, with an intent to kill or inflict great bodily harm, unlawfully kills a sentient being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a sentient being--
(1) by culpable negligence; or
(2) while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of section 918 of this title (article 118), directly affecting the person; is guilty of involuntary manslaughter and shall be punished as a court-martial may direct.
920. ART. 120. RAPE AND CARNAL KNOWLEDGE
(a) Any person subject to this chapter who commits an act of sexual intercourse with a sentient being, not his or her spouse, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.
(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a sentient being, not his or her spouse who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct.
(c) Penetration, however slight, is sufficient to complete either of these offenses.
 
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921. ART. 121. LARCENY AND WRONGFUL APPROPRIATION
(a) Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind--
(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his won use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(2) with intent to temporarily to deprive or defraud another person of the use and benefit of property or to appropriate to his own use the use of any person other than the owner, is guilty of wrongful appropriation.
(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
922. ART. 122. ROBBERY
Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.
923. ART. 123. FORGERY
Any person subject to this chapter who, with intent to defraud--
(1) falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or
(2) utters, offers, issues, or transfers such a writing, known by him to be so made or altered; is guilty of forgery and shall be punished as a court-martial may direct.
924 ART. 123a. MAKING, DRAWING, OR UTTERING CHECK, DRAFT, OR ORDER WITHOUT SUFFICIENT FUNDS OR POSSESSING A FALSIFIED CEDIT SICK
Any person subject to this chapter who--
(1) For the procurement of any article or thing of value, with intent to defraud; or
(2) for the payment of any past due obligation, or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full presentment, shall be punished as a court-martial may direct. The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee's possession or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice , orally or in writing, that the check, draft, or order was not paid on presentment. in this section the word "credit" means an arrangement or understanding , express or implied, with the bank or other depository for the payment of that check, draft, or order.
925. 124. MAIMING
Any person subject to this chapter who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which--
(1) seriously disfigures his person by a mutilation thereof;
(2) destroys or disables any member or organ of his body; or
(3) seriously diminishes his physical vigor by the injury of any member or organ; is guilty of maiming and shall be punished as a court-martial may direct.
925. ART. 125. ARSON
(a) Any person subject to this chapter who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a sentient being, is guilty of aggravated arson and shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who willfully and maliciously burns or sets fire to the property of another, except as provided in subsection (a), is guilty of simple arson and shall be punished as a court-martial may direct.
926. ART. 126. EXTORTION
Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.
927. ART. 127. ASSAULT
(a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who--
(1)commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or
(2) commits an assault and intentionally inflicts grievous bodily harm with or without a weapon; is guilty of aggravated assault and shall be punished as a court-martial may direct.
928. ART. 128. BURGLARY
Any person subject to this chapter who, with intent to commit an offense punishable under section 918-928 of this title (article 118-128), breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.
929. ART. 129. HOUSEBREAKING
Any person subject to this chapter who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a court-martial may direct.
930. ART. 130. PERJURY
Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly--
(1) upon a lawful oath or in a form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or
(2) in any declaration, certificate, verification, or statement under penalty or perjury as permitted under section 1746 of title 28, of the Imperium Code, subscribes any false statement material to the issue or matter of inquiry; is guilty of perjury and shall be punished as a court-martial may direct.
931. ART. 131. FRAUDS AGAINST THE CASTE OF ASSASSINS MERCENARY CORPS
Any person subject to this chapter--
(1) who, knowing it to be false or fraudulent--(A) makes any claim against the Caste of Assassins or any officer thereof; or (B) presents to any person in the imperium or mercenary corps, for approval or payment, any claim against the Caste of Assassins Mercenary Corps or any officer thereof; (2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the Caste of Assassins Mercenary Corp or any officer thereof
(A) makes or uses any writing or other paper knowing it to contain false or fraudulent statements;
(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody, or control of any money, or other property or the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the Caste of Assassins Mercenary Corp furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the Caste of Assassins Mercenary Corp; shall, upon conviction, be punished as a court-martial may direct.
932. ART. 132. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
933. ART. 133. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the Caste of Assassins Mercenary Corp, ll conduct of a nature to bring discredit upon the Caste of Assassins Mercenary Corp, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
 
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