Title 27 — Title 27: Armed Forces and Veterans

Sec. 27-191. Depositions. (a) At any time after charges have been signed, as provided in section 27-171, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a depositi…

Sec. 27-192. Sworn testimony in record of court of inquiry admissible, when. (a) In any case 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 testi…

Sec. 27-193. Voting by members of court-martial. Rulings on questions. Determinations by military judge. (a) Voting by members of a general or special court-martial upon questions of challenge, on the findings, and on the sentence shall be by secret written ballot. The junior mem…

Sec. 27-194. Two-thirds vote required for conviction and sentence. Majority vote for other questions. Tie vote. (a) No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken. (b) All sentences shall be d…

Sec. 27-195. Announcement of findings and sentence. A court-martial shall announce its findings and sentence to the parties as soon as determined. (1967, P.A. 717, S. 55.)

Sec. 27-196. Record of proceedings. Authentication. Copy to accused. (a) Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the president and the military judge. …

Sec. 27-197. Cruel punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, shall not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or…

Sec. 27-198. Governor to prescribe table of maximum punishments. The punishment which a court-martial may direct for an offense may not exceed limits prescribed by such regulations as the Governor shall prescribe in a table of maximum punishments. (1967, P.A. 717, S. 58.)

Sec. 27-199. Forfeiture of pay and allowances. Running of period of confinement. (a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or al…

Sec. 27-200. Place of confinement. Hard labor. (a) A sentence of confinement adjudged by a military court, 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…

Sec. 27-201. Authority of convening authority over execution of sentence. Except as provided in sections 27-161 and 27-207, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him. He shall approve the sentence or such p…

Sec. 27-202. Record forwarded to convening authority. Action thereon. After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer comm…

Sec. 27-203. Record of general court-martial referred to staff judge advocate. The convening authority shall refer the record of each general court-martial to the staff judge advocate, who shall submit his written opinion thereon to the convening authority. If the final action of…

Sec. 27-204. Return of record to court for reconsideration or correction of error. (a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for …

Sec. 27-205. Convening authority may order rehearing. (a) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shal…

Sec. 27-206. Approval by convening authority. In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his…

Sec. 27-207. Review by Governor or Judge Advocate. (a) If the convening authority is the Governor, his action on the review of any record of trial is final. (b) In all other cases not covered by subsection (a) of this section, if the sentence of a special court-martial as approve…

Sec. 27-208. Effect of error of law. Approval of guilty finding may be limited to lesser offense. (a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. …

Sec. 27-209. Rights of accused before reviewing authority. (a) Upon the final review of a sentence of a general court-martial or a sentence to a bad-conduct discharge, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge ad…

Sec. 27-210. Vacation of suspension of sentence. (a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over t…

Sec. 27-211. Petition for new trial. At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable discharge or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of …

Sec. 27-212. Remission or suspension of unexecuted part of sentence. Substitution of administrative discharge for court-martial discharge. (a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitur…

Sec. 27-213. Restoration of rights and property after sentence set aside or disapproved. Different form of discharge after new trial. Reappointment of officer after new trial. (a) Under such regulations as the Governor may prescribe, all rights, privileges, and property affected …

Sec. 27-214. Finality and binding effect of actions. The proceedings, findings and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissal and discharges carried into execution under sentences by courts-martial following review and approv…

Sec. 27-215. No trial for offense not committed on duty. No person may be tried or punished for any offense provided for in sections 27-216 to 27-260, inclusive, unless it was committed while he was in a duty status. (1967, P.A. 717, S. 75.)

Sec. 27-216. Principal defined. Any person subject to this code who: (1) Commits an offense punishable by this code, 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 code…

Sec. 27-217. Accessory after the fact. Any person subject to this code who, knowing that an offense punishable by this code 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 …

Sec. 27-218. Finding of guilty of offense included in charge or of attempt to commit offense charged or included in charge. 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…

Sec. 27-219. Attempt to commit an offense. (a) An act, done with specific intent to commit an offense under this code, 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 t…

Sec. 27-220. Conspiracy. Any person subject to this code who conspires with any other person to commit an offense under this code 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. (1967, P.A. 7…

Sec. 27-221. Solicitation to desertion, mutiny, misbehavior or sedition. (a) Any person subject to this code who solicits or advises another or others to desert in violation of section 27-224 or mutiny in violation of section 27-233 shall, if the offense solicited or advised is a…

Sec. 27-222. Procuring of enlistment or separation by false representations or concealment. Any person who: (1) Procures his own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his qualifications for that en…

Sec. 27-223. Effecting of enlistment, appointment or separation of ineligible person. Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him to be ineligible for that enlistment,…

Sec. 27-224. Desertion. (a) Any member of the state military forces 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 a…

Sec. 27-225. Absence without leave. Any person subject to this code 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 w…

Sec. 27-226. Missing movement. Any person subject to this code 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. (1967, P.A. 717, S. 86.)

Sec. 27-227. Contempt towards President or Governor. Any person subject to this code who uses contemptuous words against the President, the Governor, or the Governor of any other state, territory, commonwealth or possession in which that person may be serving, shall be punished a…

Sec. 27-228. Disrespect towards superior officer. Any person subject to this code who behaves with disrespect towards his superior commissioned officer shall be punished as a court-martial may direct. (1967, P.A. 717, S. 88.)

Sec. 27-229. Assaulting or disobeying command of superior officer. Any person subject to this code 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 office, or (2) wilfully dis…

Sec. 27-230. Offenses against 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) wilf…

Sec. 27-231. Failure to obey orders or regulations. Any person subject to this code who: (1) Violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the state military forces which it is his duty to ob…

Sec. 27-232. Cruelty, oppression or maltreatment of subordinate. Any person subject to this code 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. (1967, P.A. 717, S. 92.)

Sec. 27-233. Mutiny. Sedition. (a) Any person subject to this code 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)…

Sec. 27-234. Resisting or breaking arrest. Escape. Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct. (1967, P.A. 717, S. 94.)

Sec. 27-235. Illegal release of prisoner. Aiding escape. Any person subject to this code 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 di…

Sec. 27-236. Illegal arrest or confinement of another. Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. (1967, P.A. 717, S. 96.)

Sec. 27-237. Unnecessary delay in disposition of case. Failure to observe trial provisions. Any person subject to this code who: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code, or (2) knowingly and intenti…

Sec. 27-238. Misbehavior in presence of enemy. Any person subject to this code 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 d…

Sec. 27-239. Compelling surrender or abandonment to enemy. Any person subject to this code who compels or attempts to compel the commander of any of the state military forces of this state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colo…

Sec. 27-240. Disclosure of parole or countersign. Any person subject to this code 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 paro…