Page:United States Statutes at Large Volume 123.djvu/2607

 123STA T . 2 587PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9‘ ‘ §94 9 g.Oaths‘ ‘ (a)INGE NE RAL.— ( 1 ) Befor e p erfor mingth eir re s pe c ti v e du ties inami l itar y commission under this chapter , military j udges, mem -b ers, trial counsel, defense counsel, reporters, and interpreters shall ta k e an oath to perform their duties faithfully. ‘‘( 2 ) T he form of the oath re q uired by paragraph (1), the time and place of the taking thereof, the manner of recording thereof, and w hether the oath shall be taken for all cases in which duties are to be performed or for a particular case, shall be as provided in regulations prescribed by the S ecretary of D efense. The regula- tions may provide that— ‘‘( A ) an oath to perform faithfully duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty and ‘‘(B) if such an oath is taken, such oath need not again be taken at the time the judge advocate or other person is detailed to that duty. ‘‘(b) WIT NE S SES.— E ach witness before a military commission under this chapter shall be e x amined on oath. ‘‘(c) O AT H DE F INE D .—In this section, the term ‘oath ’ includes an affirmation. ‘‘§ 949h. Forme r j eo p ar dy ‘‘(a) IN GENERAL.— N o person may, without the person’s consent, be tried by a military commission under this chapter a second time for the same offense. ‘‘(b) S COP E OF TRIAL.—No proceeding in which the accused has been found guilty by military commission under this chapter upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. ‘‘§ 949 i. Pl eas o f the a c c u sed ‘‘(a) P LEAOFNOTG U ILT Y .—If an accused in a military commis- sion under this chapter after a plea of guilty sets up matter incon- sistent with the plea, or if it appears that the accused has entered the plea of guilty through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the military commis- sion shall proceed as though the accused had pleaded not guilty. ‘‘(b) F INDIN G OF GUILT AFTER GUILTY PLEA.—With respect to any charge or specification to which a plea of guilty has been made by the accused in a military commission under this chapter and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without a vote. The finding shall constitute the finding of the military commission unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty. ‘‘§ 949j. Opportu n itytoo b tain w itnesses and other e v idence ‘‘(a) IN GENERAL.—(1) Defense counsel in a military commission under this chapter shall have a reasonable opportunity to obtain witnesses and other evidence as provided in regulations prescribed by the Secretary of Defense. The opportunity to obtain witnesses and evidence shall be comparable to the opportunity available to Regulations. Regulations.