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Uniform Code of Military Justice
for Starfleet

Section 1 — General Provisions

Article 1
Persons subject to this Code

The following persons are subject to this chapter--

  1. Members of Starfleet, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into Starfleet;
  2. Cadets and midshipmen;
  3. Retired members of Starfleet;
  4. Persons in custody of Starfleet serving a sentence imposed by a court-martial;
  5. Prisoners of war;
  6. Persons serving with or accompanying Starfleet.

Section 2 — Apprehension and Restraint

Article 2
Apprehension

Apprehension is the taking of a person into custody.

Any person authorized under regulations governing Starfleet to apprehend persons subject to this Code or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this Code who take part therein.

Article 3
Imposition of restraint

Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.

An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this Code. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.

A commissioned officer, a warrant officer, or a civilian subject to this Code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.

No person may be ordered into arrest or confinement except for probable cause.

Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

Article 4
Restraint of persons charged with offenses

When any person subject to this Code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.

Article 5
Reports and receiving of prisoners

No provost marshal or master at arms may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of the armed forces, when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner.

Every provost marshal or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.

Article 6
Punishment before trial

No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence.

A person being held for trial may be subjected to minor punishment or penalty during that period for infractions of discipline or disruption of the public good.

Article 7
Delivery of offenders to civil authorities

Under such regulations as may be prescribed, a member of Starfleet accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.

When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, or would interrupt the execution of the sentence of a court-martial, the offender may not be delivered to the civil authority until the completion of his sentence.

Section 3 — Non-judicial punishment

Article 8

Under such regulations as may be prescribed, limitations may be placed on the powers granted by this Code with respect to the kind and degree of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers.

Punishment may not be imposed upon any member of Starfleet under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment.

Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations.

Any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

A. upon officers of his command--

  1. restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
  2. arrest in quarters for not more than 30 consecutive days;

B. upon other personnel of his command--

  1. confinement on diminished rations for not more than three consecutive days;
  2. correctional custody or restraint of a person during nonduty hours for not more than seven consecutive days;
  3. reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
  4. extra duties, including fatigue or other duties, for not more than 14 consecutive days;
  5. restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;

C. if imposed by an officer of the grade of major or lieutenant commander, or above--

  1. the punishment authorized under clause (A);
  2. correctional custody or restraint of a person during nonduty hours for not more than 30 consecutive days;
  3. reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
  4. extra duties, including fatigue or other duties, for not more than 45 consecutive days;
  5. restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;

No two or more of the punishments of arrest in quarters, confinement, diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment.

The officer who imposes the punishment, or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade, whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected.

A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised by the officer who imposed the punishment.

Before acting on appeal from a punishment of the authority who is to act on the appeal shall refer the case to a judge advocate for consideration and advice, and may so refer the case upon appeal from any punishment imposed.

The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

Section 4 — Court-martial jurisdiction

Article 9

A. General courts-martial, consist of--

  1. a military judge and not less than five commissioned officers; or
  2. only a military judge, if before the court is assembled the accused, after consultation with defense counsel, requests a court composed only of a military judge and the military judge approves;

B. Special courts-martial, consist of--

  1. a military judge and not less than three commissioned officers; or
  2. only a military judge, if before the court is assembled the accused, after consultation with defense counsel, requests a court composed only of a military judge and the military judge approves;

C. Summary courts-martial consist of one officer of the grade of major or lieutenant commander, or above.

Section 5 — Composition of courts-martial

Article 10
Convening of courts-martial

A. General courts-martial may be convened by--

  1. the commanding officer of a unified or specified combatant command;
  2. the commanding officer of a division, a separate brigade, or a corresponding unit of the Marine Corps;
  3. the commanding officer of a fleet of Starfleet.

B. Special courts-martial may be convened by--

  1. any person who may convene a general court-martial;
  2. the commanding officer of a garrison, fort, camp, base, or auxiliary;
  3. the commanding officer of a regiment, battalion or a corresponding unit of the Marine Corps;
  4. the commanding officer of a shipyard, station or a ship of Starfleet;
  5. the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose.

C. Summary courts-martial may be convened by--

  1. any person who may convene a general or special court-martial;
  2. the commanding officer of a company of the Marine Corps;
  3. when only one commissioned officer is present with a command.

Article 11
Serving on courts-martial

Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

Any enlisted member of an armed force on active duty who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of an armed force who may lawfully be brought before such courts for trial. He shall serve as a member of a court only if, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special courts-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained on account of physical conditions or military exigencies.

No member of an armed force may be tried by a court-martial any member of which is junior to him in rank or grade.

When convening a court-martial, the convening authority shall detail as member thereof such members as, in his opinion, are best qualified for the duty by reason of education, training, experience, length of service, and judicial temperament.

No member of an armed force is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.

Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer.

Article 12
Military judge of a general or special court-martial

A military judge shall be detailed to each general court-martial or special court-martial. The Judge Advocate General shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial.

The military judge shall preside over each open session of the court-martial in which he has been detailed.

A military judge shall be a commissioned officer who is qualified for duty as a military judge by the Judge Advocate General.

No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.

The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel.

Article 13
Detail of trial counsel and defence counsel

Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial.

No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.

Trial counsel or defense counsel detailed for a general court-martial--

Trial counsel or defense counsel detailed for a special court-martial must be qualified to act as counsel before a general court-martial, unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained.

Article 14
Absent and additional members

No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused by order of the convening authority for good cause.

Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new member sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.

Whenever a special court-martial, other than a special court-marital composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.

If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial for good cause, the trial shall proceed after the detail of a new military judge and the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the new military judge, the accused and counsel for both sides.

Section 6 — Pre-trial procedure

Article 15
Charges and specifications

Charges and specifications shall be signed under oath before a commissioned officer authorized to administer oaths and shall state--

The person accused shall be informed of the charges against him as soon as practicable.

Article 16
Failure to testify

The failure of the accused, or a spouse of that person, to testify shall not be made the subject of comment by the military judge nor by trial counsel.

Article 17
Incriminating questions

No witness shall be excused from answering any question on the ground that the answer to the question may tend to criminate him, or may tend to establish his liability.

Where with respect to any question a witness objects to answer on the ground that his answer may tend to criminate him, or may tend to establish his liability to a civil proceeding, is compelled to answer. The answer so given shall not be used or admissible in evidence against him in any court-martial, civilian criminal trial, or, civilian proceeding thereafter taking place, other than a prosecution for perjury in the giving of that evidence or for the giving of contradictory evidence.

Article 18
Investigation

No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

The accused shall be advised of the charges against him and of his right to be represented at that investigation. At that investigation full opportunity shall be given to the accused to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine witnesses requested by the accused.

Article 19
Forwwarding of charges

When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, forward the charges, together with the investigation work product, to the officer exercising general court martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for the delay.

Article 20
Advice of Staff Judge Advocate and reference for trial

Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless he has been advised in writing by the staff judge advocate that--

The advice of the staff judge advocate with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate--

If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.

If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigation officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.

Article 21
Service of charges

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. No person may, against his objection, be brought to trial or be required to participate by himself or counsel in a session called by the military judge in a general court-martial within a period of five days after the service of charges upon him or in a special court-martial within a period of three days after the service of the charges upon him.

Section 7 — Trial Procedure

Article 22
Duties of trial counsel

The accused has the right to be represented in his defense at an investigation and before a general or special court-martial. The accused may be represented by civilian counsel if provided by him.

Article 23
Sessions

At any time after the service of charges which have been referred for trial by court-martial, the military judge may call the court into session for the purpose of--

  1. hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
  2. hearing and ruling upon any matter whether or not the matter is appropriate for later consideration or decision by the members of the court;
  3. holding the arraignment and receiving the pleas of the accused;
  4. performing any other procedural function which may be performed by the military judge.

When the members of a court-martial deliberate, only the members may be present and shall not be made part of the record.

These proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.

Article 24
Oaths

Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.

Each witness before a court-martial shall be examined on oath.

Article 25
Statute of limitations

Except as otherwise provided in this Code, a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

Periods in which the accused is absent without authority or fleeing from justice, absent from territory in which the United Federation of Planets has the authority to apprehend him, in the custody of civil authorities, or, in the hands of the enemy shall be excluded in computing the period of limitation prescribed in this article.

When the United Federation of Planets is at war, the running of any statute of limitations applicable to any offense under this chapter is suspended until five years after the termination of hostilities as proclaimed by a resolution of the Federation Council.

Article 26
Former Jeopardy

No person may, without his consent, be tried a second time for the same offense.

A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.

Article 27
Pleas of the accused

If an accused after arraignment makes an irregular pleading, or, after a plea of guilty sets up matter inconsistent with the plea, or, if it appears that he has entered the plea of guilty improvidently, or, through lack of understanding of its meaning and effect, or, if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.

Article 28
Opportunity to obtain witnesses and other evidence

The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence.

Article 29
Refusal to appear or testify

Any person not subject to this who--

  1. has been dully subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or, before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
  2. has been dully compensated or tendered for attending;
  3. willfully neglects or refuses to appear, or, refuses to qualify as a witness, or, to testify or to produce any evidence which that person may have been legally subpoenaed to produce;

is guilty of an offense.

Any person who commits an offense named in this article shall be tried on information in a court of criminal jurisdiction. Such person shall be punished by imprisonment for not more than si months.

Article 30
Contempt

A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days.

Article 31
Depositions

At any time after charges have been signed as provided, any party may take oral or written depositions unless the military judge forbids it for good cause.

The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

Depositions may be taken before and authenticated by any military or civilian authorized by the laws of the place where the deposition is taken to administer oaths.

A duly authenticated deposition may be read in evidence before any military court or commission, or, in any proceeding before a court of inquiry or military board, if it appears--

  1. that the witness resides or is beyond the the jurisdiction of the United Federation of Planets;
  2. that the witness by reason of death, ill health, bodily infirmity, imprisonment, military necessity, non-amenability to process, or, other reasonable cause is unable or refuses to appear and testify in person at the place of trial or hearing; or
  3. that the present whereabouts of the witness is unknown.

Article 32
Defence of lack of mental responsibility

It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a sever mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.

The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

Notwithstanding any provision of this Code, the accused shall be found not guilty only by reason of lack of mental responsibility if--

  1. a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
  2. in the case of court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.

Article 33
Voting and Rulings

Voting by members of a general or special court-martial on the findings and on the sentence shall be by open ballot.

The most senior military judge, except for questions of challenge, shall ruse upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling constitutes the ruling of the court. If any member objects thereto, the court shall be cleared and closed and the question decided by a open vote.

Before a vote is taken of the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them--

  1. that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
  2. that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
  3. that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
  4. that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the trial counsel.

Article 34
Numbers of votes required

No person may be convicted of any offense except by concurrence of two-thirds of the members present at the time the vote is taken.

No person may be sentenced to confinement for more than ten years except by the concurrence of three-fourths of the members at the time the vote is taken.

All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

Article 35
Court findings

A court-martial shall announce its findings and sentence to the parties as soon as determined.

Article 36
Record of trial

Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and, the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, the record shall be authenticated by a more senior flag officer.

A complete record of the proceedings and testimony shall be prepared in each general and special court-martial shall be given to the accused as soon as it is authenticated.

Section 8 — Sentences

Article 37
Cruel and unusual punishments

Punishment by flogging, branding or marking on the body, deprivation of water or food, deprivation of air, injury to the body that is not medically necessary, or, any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this chapter. The use of restraints, except for the purpose of safe custody, is prohibited.

Article 38
Effective date of sentences

No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved.

Any period of confinement included in a sentence of a court-martial begins from the date the sentence is adjudged by the court-martial.

All other sentences of courts-martial are effective on the date ordered executed.

Article 39
Execution of confinement

A sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, may be carried into execution by confinement in any place of confinement under the control of Starfleet, or, in any penal or correctional institution under the jurisdiction of the United Federation of Planets. Persons so confined are subject to the same discipline and treatment as persons confined or committed by the courts of the place in which the institution is situated.

Article 40
Reduction in enlisted grade

A court-martial sentence of an enlisted member that includes confinement, or, a dishonourable or bad-conduct discharge, reduces that member to pay grade E-1, effective on the date of that approval.

Section 9 — Post-trial procedure and review of courts-martial

Article 41
Error of law

A finding or sentence of court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

Article 42
Action by the convening authority

The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.

The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Such a submission shall be made within 30 days after the accused has been given an authenticated record of trial. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period as per regulation.

The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. A successor in command, a superior in command, or, any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.

The convening authority or other person taking such action, in his sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.

The convening authority or other person taking such action, in his sole discretion, may--

  1. dismiss any charge or specification by setting aside a finding of guilty thereto;
  2. change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification;

The convening authority or other person taking action under this section, in his sole discretion, may order a proceeding in revision or a rehearing. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.

In no case, however, may a proceeding in revision--

  1. reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
  2. increase the severity of some article of the sentence unless the sentence prescribed for the offense is mandatory.

A rehearing may be ordered by the convening authority or other person taking action under this section if he disapproves the findings and sentence and states the reasons for disapproval of the findings.

Article 43
Rehearings

Each rehearing under this section shall take place before a court-martial composed of members not members of the court- martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial. No sentence in excess of or more than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or, unless the sentence prescribed for the offense is mandatory.

Article 44
Review by a Judge Advocate

Each case in which there has been a finding of guilty that is not reviewed by a court of military appeal shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if he has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:

A. Conclusions at to whether--

  1. the court had jurisdiction over the accused and the offense;
  2. the charge and specification stated an offense; and
  3. the sentence was within the limits prescribed as a matter of law.

B. A response to each allegation of error made in writing by the accused.

C. An opinion as to whether corrective action is required as a matter of law.

Article 45
Review by the Court of Military Appeals

The Court of Military Appeals shall review the record in all cases reviewed by a Judge Advocate which the Judge Advocate General orders sent to the Court of Military Appeals for review.

The accused may petition the Court of Military Appeals for review.

If the Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

Article 46
Appellate counsel

The Judge Advocate General shall detail one or more commissioned officers as appellate counsel, and, one or more commissioned officers as appellate defense counsel.

Appellate defense counsel shall represent the accused before the Court of Military Appeals.

Article 47
Execution and suspension of sentence

If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Chief of Staff for Starfleet, or, a Depity Chief of Staff for Starfleet as may be delegated. In such a case, the Chief of Staff for Starfleet may commute, remit, or, suspend the sentence, or, any part of the sentence, as he sees fit.

If a sentence extends to dismissal, or, dishonorable or bad-conduct discharge, that part of the sentence may not be executed until there is a final judgment as to the legality of the proceedings. A judgement as to the legality of the proceedings is final in such cases when--

  1. a review is completed by a Judge Advocate;
  2. the time for the accused to file a petition for review by the Court of Military Appeals has expired and the case is not otherwise under review by that Court; or
  3. such a petition is rejected by the Court of Military Appeals.

Any other part of a court-martial sentence may be ordered executed by the convening authority.

Article 48
Petition for a new trial

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court.

All rights, privileges, and, property affected by an executed part of a court-martial sentence, except an executed dismissal or discharge, shall be restored upon the new trial.

Article 49
Leave pending court-martial

An accused awaiting general or special court-martial may be required to take leave pending proceedings. The accused may be required to begin such leave on the date on which an accused is charged with an offence under this Code.

An accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this section if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved.

Article 50
Finality of proceedings, findings and sentences

The proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this section are final and conclusive. Orders publishing the proceedings of courts-martials and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United Federation of Planets.

Section 10 — Punitive Articles

Article 51
Principles

Any person punishable under this Code who--

  1. commits an offense punishable by this Code;
  2. aids, abets, counsels, commands, or, procures its commission; or
  3. causes an act to be done which, if directly performed by him, would be punishable by this Code.

Article 52
Accessory after the fact

Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, receives, comforts, or, assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.

Article 53
Attempts

An act, done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

Any person subject to this Code who attempts to commit any offense under this Code shall be punished as a court-martial may direct.

Article 54
Conspiracy

Any person subject to this Code who conspires with any other person to commit an offense under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished with the punishment for the commission of the offense as a court-martial may direct.

Article 55
Solicitation

Any person subject to this Code who solicits or advises another or others to commit an offense under this Code shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense as a court-martial may direct.

Article 56
Desertion

Any person is guilty of desertion who--

  1. without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
  2. quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
  3. without being regularly separated from Starfleet or the Marine Corps enters any foreign armed service, except when authorized.

Any commissioned officer who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom is guilty of desertion.

Article 57
Absence without leave

Any person is guilty of absence without leave who, without authority--

  1. fails to go to his appointed place of duty at the time prescribed;
  2. absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;
  3. through neglect or design misses the movement of a unit or organization with which he is required in the course of duty to move.

Article 58
Contempt toward officials

Any commissioned officer is guilty who uses contemptuous words, or, is dispectful in language deportment against any official of the United Federation of Planets, or, any official of it's Member States.

Article 59
Insubordinate conduct toward superior commissioned officers

Any person is guilty who uses contemptuous words, or, is disrespectful in language or deportment toward his superior commissioned officer.

Any person is guilty who disobeys a lawful command of his superior commissioned officer.

Article 60
Assaulting a superior commissioned officer

Any person is guilty who strikes his superior commissioned officer, or, draws or lifts up any weapon, or, offers any violence against him while he is in the execution of his office.

Article 61
Insubordinate conduct toward warrant officers, non-commissioned officers, or, petty officers

Any warrant officer or enlisted member is guilty who--

  1. strikes or assaults a warrant officer, non-commissioned officer, or petty officer, while that officer is in the execution of his office;
  2. willfully disobeys the lawful order of a warrant officer, non-commissioned officer, or petty officer; or
  3. uses contemptuous words, or, is disrespectful in language or deportment toward a warrant officer, non-commissioned officer, or petty officer while that officer is in the execution of his office.

Article 62
Dereliction of duty

Any person is guilty of dereliction of duty who--

  1. violates or fails to obey any lawful general order or regulation;
  2. having knowledge of any other lawful order, which it is his duty to obey, fails to obey the order; or
  3. is derelict in the performance of his duties.

Article 63
Cruelty and maltreatment

A person is guilty who exhibits cruelty, or, oppression, or, maltreatment to any person subject to his orders.

Article 64
Mutiny or sedition

Any person is guilty who--

  1. intends to usurp or override lawful military authority, or, refuses, in concert with any other person, to obey orders or otherwise do his duty, or, creates any violence or disturbance is guilty of mutiny;
  2. intends to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;
  3. fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence;
  4. fails to take all reasonable means to inform his superior commissioned officer of a mutiny or sedition which he knows, or, has reason to believe is taking place.

Article 65
Breach of arrest

Any person is guilty of breach of arrest who--

  1. resists apprehension, or, breaks arrest, or, who escapes from custody;
  2. without proper authority, releases any prisoner committed to his charge, or, who through neglect or design suffers any such prisoner to escape.

Article 66
Unlawful detention

Any person is guilty who, except as provided by law, arrests, or, confines any person.

Article 67
Non-compliance with procedure

Any person is guilty of non-compliance with procedure who--

  1. is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code; or
  2. knowingly and intentionally fails to enforce or comply with any provision of this Code regulating the proceedings before, during, or after trial of an accused.

Article 68
Misconduct before the enemy

Any person is guilty of misconduct before the enemy who--

  1. shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
  2. through disobedience, neglect, or, intentional misconduct endangers the safety of any such command, unit, place, or, military property;
  3. casts away his arms;
  4. willfully fails to do his utmost to encounter, engage, capture, or, destroy any enemy combatants or military property which it is his duty so to encounter, engage, capture, or destroy; or
  5. does not afford all practicable relief and assistance to any combatants, units, or, places belonging to Starfleet or their allies when engaged in battle.

Article 69
Theft of public property

All persons will secure all public property taken from the enemy for the service of the United Federation of Planets, and, shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

Any person is guilty of theft of public property who--

  1. fails to carry out the duties prescribed in this article;
  2. buys, sells, trades, deals in, or, disposes of captured or abandoned property whereby he receives or expects any profit, benefit, or, advantage to himself or another directly or indirectly connected with himself; or
  3. engages in looting or pillaging.

Article 70
Aiding the enemy

Any person is guilty of aiing the enemy who--

  1. aids, or, attempts to aid, the enemy with arms, provisions, property, or, other things; or
  2. without proper authority, knowingly harbors or protects the enemy; or
  3. communicates, corresponds, or, holds any intercourse with the enemy, either directly or indirectly.

Article 71
Espionage

Any person is guilty of espionage providing advantage to a foreign entity who--

  1. communicates, delivers, or transmits intelligence, either directly or indirectly; or
  2. attempts to communicate, deliver, or transmit intelligence, either directly or indirectly.

Article 72
False statements

Any person is guily who, with intent to deceive, signs any record, regulation, order, or, other official document, and, knowing it to be false, or, makes any other false official statement.

Article 73
Wrongful disposition of millitary property

Any person is guilty who, without proper authority,--

  1. sells or otherwise disposes of;
  2. willfully damages, destroys, or loses; or
  3. neglectfully suffers to be lost, damaged, sold, or wrongfully disposed of;

any military property of Starfleet.

Article 74
Improper hazarding of a vehicle

Any person is guilty who--

  1. operates a vehicle while impaired;
  2. operates a vehicle in a reckless or wanton manner;
  3. willfully or wronfully hazards a vehicle; or
  4. negligently hazards a vehicle.

Article 75
Wrongful use of an impairing or controlled substance

A controlled substance is one defined as such by Starfleet Medical; Controlled Substance Regulation 21-812.

An impairing substance is one that negatively affects cognitive or physical ability.

Any person is guilty who--

  1. is impaired while on duty;
  2. possesses an impairing substance while on duty;
  3. possesses a controlled substance while on a Starfleet or Marine Corps installation, vessel, or, vehicle;
  4. uses a controlled substance;
  5. manufactures, distributes or imports, without authorization, an impairing substance;
  6. manufactures, distributes or imports a controlled substance;

Article 76
Misbehaviour while on duty

Any sentinel, look-out, person on overwatch, or, person on duty is guilty who--

  1. is asleep; or
  2. leaves his post before he is regularly relieved.

Article 77
Dueling

Any person is guilty who--

  1. fights a duel;
  2. promotes or connives at fighting a duel; or
  3. having knowledge of a challenge sent, fails to report the fact promptly to the proper authority.

Article 78
Breach of peace

Any person is guilty who causes or participates in any riot or breach of the peace.

Article 79
Murder

Any person is guilty of murder whom without justification or excuse, unlawfully kills a sentient life when he--

  1. has a premeditated design to kill;
  2. intends to kill or inflict grevious bodily harm; or
  3. is engaged in an act which is inherently dangerous or wanton disregard of human life;

Article 80
Manslaughter

Any person is guilty of manslaughter whom unlawfully kills a sentient life when he--

  1. intends to kill or inflict grievous bodily harm by adequate provocation; or
  2. is engaged in an act negligently.

Article 81
Rape

Sexual acts include any act involving genitals, or, any act of sexual gratification.

Any person is guilty of rape who--

  1. commits a sexual act by force or without consent; or
  2. commits a sexual act with a person unable to consent.

Acticle 82
Larceny

Any person is guilty of larceny who--

  1. wrongfully takes, obtains, or, withholds by any means any personal property or article of value from it's owner;
  2. intends to permanently deprive or defraud another person the use or benefit of their property--ie. steals; or
  3. intends to temporarily deprive or defraud another person the use or benefit of their property.

Article 83
Robbery

Any person is guilty of robbery who intends to commit larceny by means of force, or, violence, or, fear of immediate injury, or, fear of future injury to his person, or, any other person.

Article 84
Forgery

Any person is guilty of forgery who, with intent to defraud--

  1. falsely makes or alters any signature or record which would, if genuine, apparently impose a legal liability on another, or, change his legal right, or, liability to his prejudice; or
  2. utters, offers, issues, or, transfers such a record, known by him to be so made or altered.

Article 85
Maiming

Any person is guilty of maiming with intent to injure, disfigure, or, disable, inflicts upon the person of another an injury which--

  1. seriously disfigures his person by a mutilation thereof;
  2. destroys or disables any member or organ of his body; or
  3. seriously diminishes his physical vigor by the injury of any member or organ.

Article 86
Arson

A person is guilty of arson who--

  1. willfully and maliciously burns or sets on fire an inhabited dwelling, or, any other movable structure, or any other immovable structure, wherein to the knowledge of the offender there is at the time a sentient being present;
  2. willfully and maliciously burns or sets fire to the property of another, except as provided in subsection (1).

Article 87
Extortion

Any person is guilty of extortion who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or, immunity.

Article 88
Assault

Any person is guilty of assault who--

  1. attempts or offers with unlawful force or violence to do bodily harm to another person;
  2. commits an assault with a dangerous weapon or other means of force likely to produce death or grievous bodily harm; or
  3. commits an assault and intentionally inflicts grievous bodily harm with or without a weapon.

Article 89
Burglary

Any person is guilty of burglary who, with intent to commit an offense punishable under section 10, breaks and enters the dwelling house of another.

Any person is guilty of housebreaking who unlawfully enters the building or structure of another with intent to commit a criminal offense therein.

Article 90
Perjury

Any person is guilty of perjury who, in a judicial proceeding or in a course of justice, willfully and corruptly--

  1. upon a lawful oath, or, in a form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or (2) in any declaration, certificate, verification, or, statement under penalty or perjury, subscribes any false statement material to the issue or matter of inquiry.

Article 91
Conduct unbecoming an officer

Though not specifically mentioned in this Code, all disorders and neglects to the prejudice of good order and discipline in Starfleet, all conduct of a nature to bring discredit upon Starfleet, and, crimes and offenses not capital, of which persons subject to this Code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Section 11 — Miscellaneous provisions

Article 92
Courts of inquiry

Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial, or, by any other person designated by the Chief of Staff for Starfleet concerned for that purpose, whether or not the persons involved have requested such an inquiry.

A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.

Any person subject to this Code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this Code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.

The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the senior member and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the senior member president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

Article 93
Authority to administer oaths and act as notary

The following persons on active duty or performing inactive-duty training may administer oaths for the purpose of military administration, including military justice, and have the general powers of a notary public and of a consul of the United Federation of Planets, in the performance of all notarial acts to be executed by members of Starfleet, wherever they may be:

The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:

The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.

Article 94
Complaints of wrongs

Any member of Starfleet who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall foreword the complaint to the office exercising court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Chief of Staff of Starfleet concerned a true statement of that complaint, with the proceedings thereon.

Article 95
Code committee

A committee shall meet at least annually and shall make an annual comprehensive survey of the operation of this Code.

The committee shall consist of--

After each such survey, the committee shall submit a report to the Committee on Armed Services of the Federation Council and Office of the President of the United Federation of Planets. It shall adress uniformity of policies as to sentences, amendments to this Code and any other matter the committee considers appropriate.

Each member of the committee appointed by the Chief of Staff for Starfleet shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years.