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Code · U.S. Code · Title 10 - ARMED FORCES · CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE · SUBCHAPTER IX— POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL · § 872

§ 872. Art. 72. Vacation of suspension

461 words·~2 min read·/usc/title-10/section-872

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(a)Before 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 the alleged violation of probation. The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires.
(b)The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer exercising general court-martial jurisdiction vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 857 of this title (article 57). The vacation of the suspension of a dismissal is not effective until approved by the Secretary concerned.
(c)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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 114–328, div. E, title LIX, § 5335, Dec. 23, 2016, 130 Stat. 2936.)
In subsection (a), the word “Before” is substituted for the words “Prior to”.
In subsection (b), the words “be effective * * * to” are omitted as surplusage.
The second sentence is restated to make it clear that the execution of the rest of the court-martial sentence is not automatic. The word “is” is substituted for the words “shall * * * be” in the last sentence. The word “sent” is substituted for the word “forwarded”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”.
Connections2 cite this · traces to 5
3 references not yet in our index
  • Aug. 10, 1956, ch. 1041
  • 70A Stat. 63
  • 130 Stat. 2936
Citation graph
cites case law
§ 872
Art. 72. Vacation of suspension
U.S.C.×2
U.S.C.§ 827
U.S.C.§ 857
Pub. L.Public Law 114-328
U.S.C.§ 871
U.S.C.§ 801
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 63
Stat.130 Stat. 2936
Cites 8Cited by 2 across 1 source
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