Sec. 5326. APPEAL BY THE UNITED STATES

285 words·~1 min read·/statute-compilations/comps-13740/sec-5326

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

## SEC. 5326 APPEAL BY THE UNITED STATES Section 862 of title 10, United States Code (article 62 of the Uniform Code of Military Justice), is amended— ####

(1)in paragraph

(1)of subsection (a)— #####

(A)in the matter before subparagraph (A), by striking “court-martial” and all that follows through the colon at the end and inserting “general or special court-martial, or in a pretrial proceeding under section 830a of this title (article 30a), the United States may appeal the following:”; and #####

(B)by adding at the end the following new subparagraph: > > ##### “(G) > > An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.” > ; ####

(2)in paragraph

(2)of subsection (a)— #####

(A)by striking “(2)” and inserting “(2)(A)”; and #####

(B)by adding at the end the following new subparagraph: > > ##### “(B) > > An appeal of an order or ruling may not be taken when prohibited by section 844 of this title (article 44).” > ; and ####

(3)by adding at the end the following: > > ### “(d) > > The United States may appeal a ruling or order of a military magistrate in the same manner as had the ruling or order been made by a military judge, except that the issue shall first be presented to the military judge who designated the military magistrate or to a military judge detailed to hear the issue. > > > ### “(e) > > The provisions of this section shall be liberally construed to effect its purposes.” > .