Conviction and sentence; concurrence of 3/4 of members present required; determination of questions by majority vote or lesser vote; tie vote.

Sec. 52. (1) An individual must not be convicted of an offense in a general or special court-martial, except under any of the following circumstances: (a) After a plea of guilty under section 45. (b) By a military judge in a court-martial with a military judge alone under section 16. (c) In a court-martial with members under section 16, by the concurrence of 3/4 of the members present at the time the vote is taken. (2) Each sentence imposed by a court-martial must be determined by the concurrence of 3/4 of the members present at the time that the vote is taken. (3) Any other question to be decided by the members of a general or special court-martial must be determined by a majority vote, but the determination to reconsider a finding of guilty or reconsider a sentence, to decrease or lessen the sentence, may be made by a lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.