Page:United States Statutes at Large Volume 62 Part 1.djvu/663

 62 STAT.] 80TH CONG. , 2n SESS.-CH. 625-JUNE 24, 1948 have the effect to authorize the trial or punishment for any crime or offense barred by the provisions of existing law: And provided fur- ther, That in the case of any offense the trial of which in time of war shall be certified by the Secretary of the Department of the Army to be detrimental to the prosecution of the war or inimical to the Nation's security, the period of limitations herein provided for the trial of the said offense shall be extended to the duration of the war and six months thereafter." SEC. 220. Article 43 is amended to read as follows: "ART. 43. DEATH SENTENCE-WHEN LAWFUL; VOTE ON FINDINGS AND SENTENCE.- NO person shall, by general court martial, be con- victed of an offense for which the death penalty is made mandatory by law, nor sentenced to suffer death, except by the concurrence of all the members of said court martial present at the time the vote is taken, and for an offense in these articles expressly made punishable by death; nor sentenced to life imprisonment, nor to confinement for more than ten years, except by the concurrence of three-fourths of all the members present at the time the vote is taken. Conviction of any offense for which the death sentence is not mandatory and any sentence to confinement not in excess of ten years, whether by general or special court martial, may be determined by a two-thirds vote of those mem- bers present at the time the vote is taken. All other questions shall be determined by a majority vote." SEC. 221. Article 44 is amended to read as follows: "ART. 44. OFFICERS-REDUCTION TO RANKS.- When a sentence to dismissal may lawfully be adjudged in the case of an officer the sen- tence may in time of war, under such regulations as the President may prescribe, adjudge in lieu thereof reduction to the grade of private." SEC. 222 . Article 46 is amended to read as follows: "ART. 46. CHARGES; ACTION UPON. - "a. SIGNATURE; OATH.- Charges and specifications must be signed by a person subject to military law, and under oath either that he has personal knowledge of, or has investigated the matters set forth therein and that the same are true in fact, to the best of his knowledge and belief. "b. INvESTIGATIoN.- No charge will be referred to a general court- martial for trial until after a thorough and impartial investigation thereof shall have been made. This investigation will include inquiries as to the truth of the matter set forth in said charges, form of charges, and what disposition of the case should be made in the interest of justice and discipline. The accused shall be permitted, upon his request, to be represented at such investigation by counsel of his own selection, civil counsel if he so provides, or military if such counsel be reasonably available, otherwise by counsel appointed by the officer exercising general courts martial jurisdiction over the command. At such investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available wit- nesses requested by the accused. If the charges are forwarded after such investigation they shall be accompanied by a statement of the substance of the testimony taken on both sides. "c. FORWARDING CHARGES; DELAYS; SERVICE OF CHARGEs.-When a person is held for trial by general court-martial, the commanding officer will, within eight days after the accused is arrested or confined, if practicable, forward the charges to the officer exercising general court-martial jurisdiction and furnish the accused a copy of such charges. If the same be not practicable, he will report to superior authority the reasons for delay. The trial judge advocate will cause 633 Extension of period of limitations. 41 Stat. 795. 10 U.S. C . 1514. 41 Stat. 796. 10U.S. C. 1515. 41 Stat. 796. 10U. S. C. 1517. Representation of accused by counsel. Cross - examination of witnesses.

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