Title 10 — Armed ForcesRelease 119-73not60
§859 Art. 59. Error of Law; Lesser Included Offense
Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter IX— POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL › § 859
Summary
A court-martial decision or sentence cannot be overturned for a legal mistake unless that mistake seriously harmed the accused’s important rights. A reviewing official who can approve a guilty finding can instead approve a lesser offense that was part of the original charge.
Full Legal Text
Title 10, §859
Armed Forces — Source: USLM XML via OLRC
(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.
(b)Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 859(a)859(b)50:646(a).50:646(b).May 5, 1950, ch. 169, § 1 (Art. 59), 64 Stat. 127. The word “may” is substituted for the word “shall”.
Reference
Citations & Metadata
Citation
10 U.S.C. § 859
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60