§ 5913. Vacation of suspension.
170 words·~1 min read·
/pa/title-51/chapter-59/5913A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 5913. Vacation of suspension.
(a)Bad-conduct discharges and general court-martial sentences.-- Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(b)Action by court-martial.-- The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be forwarded for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed subject to applicable restrictions in this part.
(c)Other sentences.-- The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
51c5914s