Title 38 — Title 38

(a) At any time after charges have been signed as provided for in Code Section 38-2-1030, the military judge or summary court-martial officer, with approval of the state judge advocate, may allow a party to take oral or written depositions for good cause. (b) The party at whose i…

(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 testimony cannot be obtained may, if otherwise admissible under the rules of evid…

(a) It shall be 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 severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his o…

(a) Voting by members of a general or special court-martial on the findings and on the sentence 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 ballo…

(a) No person shall be convicted of an offense, except: (1) As provided in Code Section 38-2-1045; (2) By the vote of two-thirds of the members; (3) By a summary court-martial officer; or (4) If a court-martial is composed of a military judge only, by decision of the military jud…

A court-martial shall announce its findings and sentence to the parties as soon as determined. History. — Code 1981, § 38-2-1053, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

(a) Each general and special 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 or…

Punishment by flogging or by branding, marking, or tattooing on the body or any other cruel or unusual punishment shall not be adjudged by a court-martial or inflicted upon any person subject to this article. The use of irons, single or double, except for the purpose of safe custod…

(a) The punishment which a court-martial may direct for an offense shall not exceed such limits as prescribed by this article, but in no instance shall a sentence exceed more than ten years nor shall a 470 38-2-1057 sentence of death be adjudged. A conviction by general court-mar…

(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 shall apply to pay or allowances becoming due on or after the date the sentence is approved by the conve…

(a) 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 that person’s jurisdiction, the person exercising general court-martial jurisdiction over the command to which th…

Sentence and punishment. Punishments imposed by general courts-martial, §38-2-1018. Hard labor. When authorized, §38-2-1058. Place of confinement, §38-2-1011. Punishment while confined awaiting trial. Restrictions, §38-2-1013. Special courts-martial. Sentence and punishment. Punish…

38-2-1058.2. Forfeiture of pay and allowances. 38-2-1059. 38-2-1060. 38-2-1061. 38-2-1062. 38-2-1063. 38-2-1064. 38-2-1065. 38-2-1066. Effect of error of law on appeal; material prejudice; lesser included offense. Report of findings and sentence; submission of matters for consider…

(a)(1) A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the d…

Defined, §38-2-1001. Nonjudicial punishments imposed by commanding officers, §38-2-1015. Remission or suspension of sentence, §38-2-1074. Restoration of rights, privileges and property, §38-2-1075. Reprimand. General courts-martial. Sentence and punishment. Punishments imposed by …

(a) In each case subject to appellate review under this article, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and his or her defense counsel and sh…

(a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is n…

(a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the state judge advocate or his or her designee who shall be a judge advocate. The state judge advocate shall not review a case under this subsection if that person has…

Except as otherwise required by this article, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter. History. — Code 1981, § 38-2-1065, enacted by Ga. L. 2015, p. 753, § …

History. — Code 1981, § 38-2-1066, enacted by Ga. L. 2015, p. 753, § 1/HB 98. 38-2-1067. Court-martial review panel; members; rules and regulations.

(a)(1) There shall be the court-martial review panel which shall hear appeals of decisions of a court-martial. (2) The Governor shall appoint five persons to serve as judges on the court-martial review panel. Four such judges shall be retired commissioned officers of the organized…

(a) The state judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases provided for in Code Section 38-2-1067 and before any federal court when requested to do so by the attorney general. Appellate govern…

(a) At any time within five years after approval by the convening authority of a court-martial sentence, the accused may petition the convening authority for a new trial. Some good reason, including but not limited to newly discovered evidence or fraud on the court-martial, must b…

Under regulations prescribed pursuant to Part 1 of Article 2 of this chapter, an accused who has been sentenced by a court-martial shall be required to take leave pending completion of action under this Code section if the sentence as approved under Code Section 38-2-1060 include…

Any person subject to this article who: (1) Commits an offense punishable by this article or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done which if directly performed by that person would be punishable by this article is a principal.…

Any person subject to this article who, knowing that an offense punishable by this article has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct. …

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. History. — Code 1981, § 38-2-1079, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

(a) An act, done with specific intent to commit an offense under this article, 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 article who attempts to commit any…

Any person subject to this article who conspires with any other person to commit an offense under this article 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. History. — Code 1981, § 38-2-108…

Compelling surrender, §38-2-1100. Misbehavior before the enemy, §38-2-1099. Solicitation of desertion, mutiny, misbehavior before the enemy or sedition, §38-2-1082. Unlawful detention, §38-2-1097. Unlawful enlistment, appointment or separation, §38-2-1084. Willfully assaulting or…

Any person who: (1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) Procures …

Any person subject to this article who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or orde…

(a) Any member of the organized militia shall be guilty of desertion who: (1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently; (2) Quits his or her unit, organization, or place of duty …

Any person subject to this article shall be punished as a court-martial may direct who, without authority: (1) Fails to go to his or her appointed place of duty at the time prescribed; (2) Goes from his or her place of duty; or (3) Absents himself or herself or remains absent fro…

Nonjudicial punishments imposed by commanding officers, §38-2-1015. Mutiny, §38-2-1094. Disorders and neglects prejudicial to good order, §38-2-1134. 706 INDEX CODE OF MILITARY JUSTICE —Cont’d Mutiny —Cont’d Solicitation of desertion, mutiny, misbehavior before the enemy or sedit…

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the secretary of a military department, the Secretary of Homeland Security, or the Governor or General Assembly shall be punished as a court-martial…

Any person subject to this article who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct. History. — Code 1981, § 38-2-1089, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Any person subject to this article who: (1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against said superior commissioned officer while he or she is in the execution of his or her office; or (2) Willfully disobeys a law…

Any warrant officer or enlisted member shall be punished as a court-martial may direct who: (1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his or her office; (2) Willfully disobeys the lawful order of…

Defined, §38-2-1001. Parole. Disclosure or improper use of countersign or parole, §38-2-1101. Pay. Forfeiture of pay. Effective date of sentences, §38-2-1057. CODE OF MILITARY JUSTICE —Cont’d Pay —Cont’d Forfeiture of pay —Cont’d General courts-martial. Sentence and punishment. Pu…

Prohibited, §38-2-1056. Deferment of sentence, §38-2-1057.1. Delay in disposition of case. Unnecessary delay, §38-2-1098. Depositions, §38-2-1049. Refusal to appear, testify or produce evidence. Punishment, §38-2-1047. Dereliction in performance of duties, §38-2-1092. Desertion, …

(a) Any person subject to this article 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 or her duty or creates any violence or disturbance shall be guilty of mutiny; (2) With intent …

General courts-martial. Sentence and punishment. Punishments imposed by general courts-martial, §38-2-1018. Nonjudicial punishments imposed by commanding officer, §38-2-1015. Special courts-martial. Sentence and punishment. Punishments imposed by special courts-martial, §38-2-101…

Any person subject to this article who, without proper authority, releases any prisoner committed to his or her 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…

Any person subject to this article who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. History. — Code 1981, § 38-2-1097, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Any person subject to this article shall be punished as a court-martial may direct 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 or her duty to defend; …

Administration of mental health services generally, §§37-2-1 to 37-2-50. Board of behavioral health and development disabilities, §37-1-3. DISCOVERY. Code of military justice. Depositions, §38-2-1049. Judicial emergencies. Deadlines or other time schedules or filing requirements. …

— Ga. L. 1916, p. 158, § 2; Code 1933, § 86-202; Ga. L. 1955, p. 10, § 5. 381 38-2-72 MILITARY, EMERG. & VET. AFFAIRS 38-2-73 38-2-72. Volunteers or draftees from unorganized militia serving in organized militia; draft of unorganized militia; compensation and duration of duty. (a…

Any person subject to this article who compels or attempts to compel a commander, an individual in command of the National Guard of another state, or an individual in command of a vessel, aircraft, or other military property or of any body of members of the armed forces, to give …

Any person subject to this article 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 or h…