Title 32, MILITARY ESTABLISHMENT

Sec. 57. (1) If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. A forfeiture shall not …

Sec. 58. (1) A sentence of confinement issued by a court-martial may be carried into execution by confinement in a place allowed by section 10 as designated by the convening authority. An individual confined is subject to the same discipline and treatment as an individual impriso…

Sec. 58a. (1) A court-martial sentence of an enlisted member in a pay grade above E1, as approved by the convening authority, that includes a dishonorable or bad conduct discharge or confinement reduces that member to pay grade E1 effective on the date of that approval. (2) If th…

Sec. 58b. (1) A court-martial sentence described in subsection (4) must result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. (2) A forfeiture under this section takes effect on the date determined under section 57 …

Sec. 60. Except as provided in section 71, after a trial by a court-martial, the record shall be forwarded to the convening authority as reviewing authority. Action on the record may be taken by the person who convened the court, a commanding officer, or a successor in command.

Sec. 61. Except as provided in section 71 and before taking action in a general court-martial, the convening authority shall refer the record of each general court-martial to the state staff judge advocate who shall review the record and submit a written opinion on the record to …

Sec. 62. (1) 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 reconsideration of the ruling and any further appropriate action. (2) If a…

Sec. 63. (1) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority, except where there is lack of sufficient evidence in the record to support the findings, may order a rehearing. The convening authority shall state the reaso…

Sec. 64. In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings of guilty and the sentence or part or amount of the sentence as the convening authority finds correct in law and fact and as the convening authority in the …

Sec. 65. (1) If the convening authority is the governor, the action on the review of a record of trial is final. (2) If the convening authority is not the governor, all of the following apply: (a) If the convening authority has taken final action in a general court-martial case, …

Sec. 66. (1) Upon the final military review of a sentence of a general court-martial or of a sentence to a dishonorable discharge by a special court-martial, the accused has the right to be represented by counsel before the reviewing authority. (2) Upon the request of an accused …

Sec. 67. (1) A military appeals tribunal is established and located for administrative purposes only in the department of military and veterans affairs. The tribunal shall consist of 5 members appointed by the governor, by and with the advice and consent of the senate, for a term…

Sec. 68. An appeal may be taken to the state court of appeals from any final decision of the military appeals tribunal.

Sec. 70. The trial counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel upon an appeal authorized under this code. The accused has the additional right to be represented by civilian counsel at his or her own expense. If the defense or tr…

Sec. 71. (1) A court-martial sentence involving a general officer or extending to the dismissal of an officer other than a general officer shall not be executed until approved by the governor. The governor may approve the sentence or a part, amount, or commuted form of the senten…

Sec. 72. (1) Before the vacation of the suspension of a special court-martial sentence which, as approved, includes a dishonorable or bad conduct discharge, or of a general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall ho…

Sec. 73. Not later than 1 year after approval of a court-martial sentence, pursuant to section 71, which extends to dismissal or dishonorable discharge, the accused may petition the governor for a new trial on the grounds of newly discovered evidence or fraud.

Sec. 74. (1) A convening authority may remit or suspend any part or amount of the unexecuted part of a sentence, including all uncollected forfeitures. (2) The governor, for good cause, may substitute an administrative form of discharge for a dishonorable discharge or dismissal e…

Sec. 75. (1) Each right, privilege, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is incl…

Sec. 77. A person subject to this code is a principal if the person commits 1 of the following acts: (a) An offense punishable by this code or aids, abets, counsels, commands, or procures the commission of the offense. (b) Causes an act to be done which if directly performed by t…

Sec. 78. A 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 the offender's apprehension, trial, or punishment shall be punished as a court-martial directs…

Sec. 79. 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 in the offense charged.

Sec. 80. (1) An act, done with the specific intent to commit an offense under this code, amounting to more than mere preparation, even though failing to effect its commission, is an attempt to commit that offense. (2) A person subject to this code who attempts to commit an offens…

Sec. 81. A person subject to this code who conspires with any other person to commit an offense under this code, if 1 or more of the conspirators does an act to effect the object of the conspiracy, shall be punished as a court-martial directs.

Sec. 82. (1) A person subject to this code who solicits or advises another to desert in violation of section 85 or mutiny in violation of section 94, if the offense solicited or advised is attempted or committed, shall be punished as provided for in the commission of the offense.…

Sec. 83. A person shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Procures his or her own enlistment or appointment in the state military forces by means of knowingly false representations or deliberate concealment as to his or her …

Sec. 84. A person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of a person who is known to that person to be ineligible for the enlistment, appointment, or separation because it is prohibited by law, rule, regulat…

Sec. 85. (1) A member of the state military forces is guilty of desertion if the member commits 1 of the following acts: (a) Without proper authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away permanently. (b) Quits his …

Sec. 86. A person subject to this code who, without proper authority, fails to go to his or her appointed place of duty at the time prescribed, goes from that place, absents himself or herself or remains absent from the person's unit, organization, or other place of duty at which…

Sec. 87. A person subject to this code who through neglect or design misses the movement of a ship, train, bus, motor convoy, vehicle, airplane, or unit with which the person is required in the course of duty to move shall be punished as a court-martial directs.

Sec. 88. (1) A person subject to this act shall not use contemptuous words against the president, vice president, congress, secretary of defense, a secretary of a military department, the director of the Michigan department of military and veterans affairs, or the governor or the…

Sec. 89. A person subject to this code who behaves with disrepect toward a superior commissioned officer shall be punished as a court-martial directs.

Sec. 90. A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Strikes a superior commissioned officer, draws or lifts up a weapon, or offers violence against the officer while the officer is in the execution…

Sec. 91. A warrant officer or enlisted person who commits 1 of the following acts shall be punished as a court-martial directs: (a) Strikes or assaults a warrant officer or noncommissioned officer when the officer is in the execution of the officer's duty. (b) Wilfully disobeys t…

Sec. 92. A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Violates or fails to obey a lawful general order, rule, or regulation. (b) Having knowledge of a lawful order issued by a member of the armed for…

Sec. 93. A person subject to this code who is guilty of cruelty toward or oppression or maltreatment of a person subject to the person's orders shall be punished as a court-martial directs.

Sec. 93a. (1) An individual subject to this code must be punished as a court-martial directs if all of the following apply: (a) The individual is an officer or a noncommissioned officer. (b) The individual is in a training leadership position with respect to a specially protected…

Sec. 94. (1) A person subject to this code: (a) Who, with the intent to usurp or override a lawful military authority, refuses, in concert with another person, to obey an order or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny. (b) Who, wi…

Sec. 95. A person subject to this code who resists apprehension, breaks arrest, or escapes from custody or confinement shall be punished as a court-martial directs.

Sec. 96. A person subject to this code who, without proper authority, releases a prisoner committed to the person's charge, or who through neglect or design permits the prisoner to escape, shall be punished as a court-martial directs, whether or not the prisoner was committed in …

Sec. 97. Except as provided by law, a person subject to this code, who wrongfully apprehends, arrests, or confines a person shall be punished as a court-martial directs.

Sec. 98. A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Is responsible for unnecessary delay in the disposition of a case of a person accused of an offense under this code. (b) Knowingly and intentiona…

Sec. 99. A person subject to this code who before or in the presence of the enemy or during the performance of duty in a peacetime emergency or civil disturbance operation commits 1 of the following acts shall be punished as a court-martial directs: (a) Runs away. (b) Abandons, s…

Sec. 100. A person subject to this code who compels or attempts to compel the commander of a place, vessel, aircraft, or of other military property or of a body of members of the armed forces of the United States or of any other state or territory or of the state military forces …

Sec. 101. A person subject to this code who in time of declared state emergency discloses the countersign to a person not entitled to receive the countersign, or who gives to another who is entitled to receive and use the countersign a different countersign from that which, to hi…

Sec. 102. A person subject to this code who forces a safeguard shall be punished as a court-martial directs.