Page:United States Statutes at Large Volume 120.djvu/2655

 120 STAT. 2624

PUBLIC LAW 109–366—OCT. 17, 2006

to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter. ‘‘SUBCHAPTER VII—PUNITIVE MATTERS ‘‘Sec. ‘‘950p. ‘‘950q. ‘‘950r. ‘‘950s. ‘‘950t. ‘‘950u. ‘‘950v. ‘‘950w.

Statement of substantive offenses. Principals. Accessory after the fact. Conviction of lesser included offense. Attempts. Solicitation. Crimes triable by military commissions. Perjury and obstruction of justice; contempt.

‘‘§ 950p. Statement of substantive offenses ‘‘(a) PURPOSE.—The provisions of this subchapter codify offenses that have traditionally been triable by military commissions. This chapter does not establish new crimes that did not exist before its enactment, but rather codifies those crimes for trial by military commission. ‘‘(b) EFFECT.—Because the provisions of this subchapter (including provisions that incorporate definitions in other provisions of law) are declarative of existing law, they do not preclude trial for crimes that occurred before the date of the enactment of this chapter. ‘‘§ 950q. Principals ‘‘Any person is punishable as a principal under this chapter who— ‘‘(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission; ‘‘(2) causes an act to be done which if directly performed by him would be punishable by this chapter; or ‘‘(3) is a superior commander who, with regard to acts punishable under this chapter, knew, had reason to know, or should have known, that a subordinate was about to commit such acts or had done so and who failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof. ‘‘§ 950r. Accessory after the fact ‘‘Any person subject to this chapter who, knowing that an offense punishable by this chapter 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 military commission under this chapter may direct. ‘‘§ 950s. Conviction of lesser included offense ‘‘An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an attempt to commit either the offense charged or an offense necessarily included therein.

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