Title 10, Armed ForcesRelease 119-110
§949h Former Jeopardy
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47A — MILITARY COMMISSIONS › SUBCHAPTER IV — TRIAL PROCEDURE › § 949h
Summary
No one may be tried a second time by a military commission for the same offense unless they agree. A guilty finding is not final, and the ban on a second trial does not kick in, until all reviews of the case are finished.
Full Legal Text
Title 10, §949h
Armed Forces, Source: USLM XML via OLRC
(a)In General.—
No person may, without the person’s consent, be tried by a military commission under this chapter a second time for the same offense.
(b)Scope of Trial.—
No proceeding in which the accused has been found guilty by military commission under this chapter upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 949h, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to former jeopardy, prior to the general amendment of this chapter by Pub. L. 111–84.
Reference
Citations & Metadata
Citation
10 U.S.C. § 949h
Title 10, Armed Forces
Last Updated
Sep 22, 2026
Release point: 119-110