Title 10, Armed ForcesRelease 119-110
§950a Error of Law; Lesser Included Offense
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47A — MILITARY COMMISSIONS › SUBCHAPTER VII — POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS › § 950a
Summary
Legal errors won't overturn a military commission's decision unless they seriously harm the accused's rights. A reviewer who can approve a guilty finding can instead approve a lesser crime that is part of the original charge.
Full Legal Text
Title 10, §950a
Armed Forces, Source: USLM XML via OLRC
(a)Error of Law.—
A finding or sentence of a military commission under this chapter 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)Lesser Included Offense.—
Any reviewing authority with the power to approve or affirm a finding of guilty by a military commission under this chapter may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 950a, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2618, related to error of law and lesser included offense, prior to the general amendment of this chapter by Pub. L. 111–84.
Reference
Citations & Metadata
Citation
10 U.S.C. § 950a
Title 10, Armed Forces
Last Updated
Sep 22, 2026
Release point: 119-110