ARTICLE 108 UCMJ PDF

The full code is available to consult online in detail. Here is an index of its chapters, with links or explanations and in-depth exploration of the most popular queries about the UCMJ. Sub Chapter 1. General Provisions Article 1. Definitions Article 3. Jurisdiction to try certain personnel.

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The full code is available to consult online in detail. Here is an index of its chapters, with links or explanations and in-depth exploration of the most popular queries about the UCMJ. Sub Chapter 1. General Provisions Article 1. Definitions Article 3. Jurisdiction to try certain personnel. Article 4.

Article 5. Territorial applicability of this chapter. Article 6. Judge advocates and legal officers. Article 6a. Investigation and disposition of matters pertaining to the fitness of military judges. Sub Chapter II. Apprehension and Restraint Article 7. Article 7: Apprehension Apprehension is defined as the taking of a person into custody.

Authorized personnel can apprehend persons if they have a reasonable belief that an offense has been committed by the person they are apprehending.

This article also allows commissioned officers, warrant officers, petty officers, and noncommissioned officers to quell quarrels, frays and disorders. Article 8. Apprehension of deserters. Article 9. Imposition of Restraint. Article Restraint of persons charged with offenses. Reports and receiving of prisoners. Confinement with enemy prisoners prohibited. Article Punishment Prohibited Before Trial This short article protects military personnel from punishment before a trial, other than arrest or confinement.

Delivery of offenders to civil authorities. Sub Chapter III. Court-Martial Jurisdiction Article Courts-Martial classified.

Jurisdiction of courts-martial in general. Jurisdiction of general courts-martial. Jurisdiction of special courts-martial. Jurisdiction of summary courts-martial. Jurisdiction of courts-martial not exclusive. Sub Chapter V. Composition Of Courts-Martial Article Who may convene general courts-martial. Who may convene special courts-martial. Who may convene summary courts-martial.

Who may serve on courts-martial. Military judge of a general or special court-martial. Detail of trial counsel and defense counsel. Detail or employment of reporters and interpreters. Absent and additional members. Sub Chapter VI. Pre-Trial Procedure Article Charges and specifications. Article Compulsory Self-Incrimination Prohibited This article provides protection for military personnel against being required to provide self-incriminating evidence, statements or testimony.

Personnel must be informed of the nature of the accusation and advised of their rights before interrogation, similar to civilian Miranda rights. Any statements or evidence obtained in violation of Article 31 cannot be received into evidence against the person in a trial by court-martial. Article Investigation This article spells out the purpose, limits and manner of investigations leading to charges and referrals to trial by court-martial.

An investigation must be done to determine whether charges are truthful and to recommend what charges should be brought. The accused can cross-examine witnesses and request his own witnesses for examination.

The accused has the right to see the statement of the substance of the testimony from both sides if it is forwarded. If the investigation was conducted before charges were brought, the accused has the right to demand further investigation and can recall witnesses for cross-examination and bring new evidence.

Forwarding of charges. Advice of staff judge advocate and reference for trial. Service of charges. Sub Chapter VII. Trial Procedure Article President may prescribe rules.

Unlawful influencing the action of the court. Duties of trial counsel and defense counsel. Article Sessions This article allows for the military judge to call the court into sessions without the presence of members for specific purposes. These include hearing and determining motions, defenses and objections, holding arraignment and receiving pleas, and other procedural functions.

The proceedings are part of the record and attended by the accused, defense counsel and trial counsel. Further, during deliberations and voting, only the members may be present. All other proceedings must be conducted in the presence of the accused, defense counsel, trial counsel and the military judge.

Article Statute of Limitations This article sets out the statute of limitations for various levels of offense. There is no time limitation for any offense punishable by death, including absence without leave or missing movement in time of war. A general rule is a limit of five years from when the offense was committed until charges are brought.

The limit for offenses under section Article 15 is two years before the imposition of punishment. Time spent fleeing from justice or eluding the authority of the United States is excluded from the limitation period. Time periods are adjusted for times of war. More: Military Statute of Limitations Article Former jeopardy. Pleas of the accused. Opportunity to obtain witnesses and other evidence.

Refusal to appear or testify. Admissibility of records of courts of inquiry. Article 50a. Defense lack of mental responsibility. Voting and rulings. Number of votes required. Court to announce action.

Record of trial. Sentences Article Cruel and unusual punishments prohibited. Maximum limits. Effective date of sentences. Execution of confinement. Article 58a. Sentences: reduction in enlisted grade upon approval. Sub Chapter IX. Error of law; lesser included offense.

Action by the convening authority. Waiver or withdrawal of appeal.

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Loss, damage, destruction, or wrongful disposition of military property. UCMJ Art. 108

Selling or otherwise disposing of military property. That the accused sold or otherwise disposed of certain property which was a firearm or explosive That the sale or disposition was without proper authority That the property was military property of the United States That the property was of a certain value 2. Damaging, destroying, or losing military property. That the accused, without proper authority, damaged or destroyed certain property in a certain way, or lost certain property That the property was military property of the United States That the damage, destruction, or loss was willfully caused by the accused or was the result of neglect by the accused That the property was of a certain value or the damage was of a certain amount. Suffering military property to be lost, damaged, destroyed, sold, or wrongfully disposed of. That certain property which was a firearm or explosive was lost, damaged, destroyed, sold, or wrongfully disposed of That the property was military property of the United States That the loss, damage, destruction, sale, or wrongful disposition was suffered by the accused, without proper authority, through a certain omission of duty by the accused That the omission was willful or negligent That the property was of a certain value or the damage was of a certain amount Explanation 1. Military property.

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UCMJ Article 108: US Military Property Offenses

Loss, damage, destruction, or wrongful disposition of military property. UCMJ Art. It is immaterial whether the property sold, disposed, destroyed, lost, or damaged had been issued to the accused, to someone else, or even issued at all. If it is proved by either direct or circumstantial evidence that items of individual issue were issued to the accused , it may be inferred, depending on all the evidence , that the damage, destruction, or loss proved was due to the neglect of the accused. Retail merchandise of service exchange stores is not military property under this article. Hemingway , 36 M.

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A dishonorable discharge or at the very least a bad-conduct discharge could force you to hide your military service from future friends, acquaintances, and employers. You will have your pension, healthcare benefits and salary is taken from you. The military will not consider the ramifications this will have on you or your family. Your liberties and entitlements could be at risk over something as ridiculous as leaving your equipment out in the rain.

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