§ 5702. Unlawfully influencing action of court.

331 words·~2 min read·/pa/title-51/chapter-57/5702

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- No authority convening a general, special or summary court-martial nor any other commanding officer or officer serving on the staff thereof shall censure, reprimand or admonish the court or any member, military judge or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his functions in the conduct of the proceedings. No person subject to this part may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his judicial acts.

(b)Exceptions.-- Subsection

(a)shall not apply with respect to any of the following:

(1)General instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial.

(2)Statements and instructions given in open court by the military judge, summary court-martial officer or counsel.

(c)Performance reports on members and counsel.-- In the preparation of an effectiveness, fitness or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the State military forces is qualified to be advanced in grade, in determining the assignment or transfer of a member of the State military forces or in determining whether a member of the State military forces should be retained on active status, no person subject to this part may, in preparing any such report:

(1)consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or

(2)give a less favorable rating or evaluation of any counsel because of the zeal with which counsel represented the accused before a court-martial.

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