Page:United States Statutes at Large Volume 120.djvu/2650

 PUBLIC LAW 109–366—OCT. 17, 2006

120 STAT. 2619

a submittal under this subsection shall be deemed to have expired upon the submittal of a waiver under this paragraph to the convening authority. ‘‘(c) ACTION BY CONVENING AUTHORITY.—(1) The authority under this subsection to modify the findings and sentence of a military commission under this chapter is a matter of the sole discretion and prerogative of the convening authority. ‘‘(2)(A) The convening authority shall take action on the sentence of a military commission under this chapter. ‘‘(B) Subject to regulations prescribed by the Secretary of Defense, action on the sentence under this paragraph may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. ‘‘(C) In taking action under this paragraph, the convening authority may, in his sole discretion, approve, disapprove, commute, or suspend the sentence in whole or in part. The convening authority may not increase a sentence beyond that which is found by the military commission. ‘‘(3) The convening authority is not required to take action on the findings of a military commission under this chapter. If the convening authority takes action on the findings, the convening authority may, in his sole discretion, may— ‘‘(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or ‘‘(B) change a finding of guilty to a charge to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge. ‘‘(4) The convening authority shall serve on the accused or on defense counsel notice of any action taken by the convening authority under this subsection. ‘‘(d) ORDER OF REVISION OR REHEARING.—(1) Subject to paragraphs (2) and (3), the convening authority of a military commission under this chapter may, in his sole discretion, order a proceeding in revision or a rehearing. ‘‘(2)(A) Except as provided in subparagraph (B), a proceeding in revision may be ordered by the convening authority if— ‘‘(i) there is an apparent error or omission in the record; or ‘‘(ii) the record shows improper or inconsistent action by the military commission with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. ‘‘(B) In no case may a proceeding in revision— ‘‘(i) reconsider a finding of not guilty of a specification or a ruling which amounts to a finding of not guilty; ‘‘(ii) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation; or ‘‘(iii) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. ‘‘(3) A rehearing may be ordered by the convening authority if the convening authority disapproves the findings and sentence and states the reasons for disapproval of the findings. If the convening authority disapproves the finding and sentence and does not order a rehearing, the convening authority shall dismiss the charges. A rehearing as to the findings may not be ordered by

VerDate 14-DEC-2004

09:16 Jul 13, 2007

Jkt 059194

PO 00003

Frm 00098

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.109

Regulations.

APPS06

PsN: PUBL003

�