Title 10 — Armed ForcesRelease 119-73not60
§813 Art. 13. Punishment Prohibited Before Trial
Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter II— APPREHENSION AND RESTRAINT › § 813
Summary
Someone awaiting trial can only be held, not punished before the trial. Holding must be no stricter than needed, and small punishments for rule-breaking are allowed.
Full Legal Text
Title 10, §813
Armed Forces — Source: USLM XML via OLRC
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 require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 81350:567.May 5, 1950, ch. 169, § 1 (Art. 13), 64 Stat. 112. The words “the provisions of” are omitted as surplusage. The word “results” is changed to the singular. The word “may” is substituted for the word “shall”.
Editorial Notes
Amendments
1981—Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1981 AmendmentAmendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an
Effective Date
note under section 706 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 813
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60