Page:United States Statutes at Large Volume 62 Part 1.djvu/668

 PUBLIC LAWS-CLH 625-JUNE 24, 1948 taken pursuant to such proceedings shall be binding upon all depart- ments, courts, agencies, and officers of the United States, subject only Post, p. 639. to action upon application for a new trial as provided in article 53." 41 Stat 79722 SEC. 227. Article 501/2 is rescinded. 41 Stat. 799. SEC. 228. Article 51 is amended to read as follows: 10U.. C. 1523. "ART. 51 . MITIGATION, REMISSION, AND SUSPENSION OF SENTENCES.- "a. AT THE TIME ORDERED EXECUTED. -The power of the President, the Secretary of the Department of the Army, and any reviewing authority to order the execution of a sentence of a court-martial shall include the power to mitigate, remit, or suspend the whole or any part thereof, except that a death sentence may not be suspended. The Judge Advocate General shall have the power to mitigate, remit, or suspend the whole or any part of a sentence in any case requiring Ane, p. 3. appellate review under article 50 and not requiring approval or con- firmation by the President, but the power to mitigate or remit shall be exercised by the Judge Advocate General under the direction of the Restorationtoduty. Secretary of the Department of the Army. The authority which sus- pends the execution of a sentence may restore the person under sen- tence to duty during such suspension; and the death or honorable discharge of a person under suspended sentence shall operate as a complete remission of any unexecuted or unremitted part of such sentence. "b. SUBSEQUENT TO THE TIME ORDERED EXECUTED.- "(1) Any unexecuted portion of a sentence other than a sentence of death, including all uncollected forfeitures, adjudged by court-martial may be mitigated, remitted or suspended and any order of suspension may be vacated, in whole or in part, by the military authority competent to appoint, for the command, exclusive of penitentiaries and the United States disciplinary bar- racks, in which the person under sentence may be, a court of the kind that imposed the sentence, and the same power may be exercised by superior military authority or by the Judge Advo- cate General under the direction of the Secretary of the Depart- ment of the Army: Provided, That no sentence approved or confirmed by the President shall be mitigated, remitted, or sus- vacationo-fsSP pended by any authority inferior to the President: And pro- vided further, That no order of suspension of a sentence to dishonorable discharge or bad conduct discharge shall be vacated unless and until confirming or appellate action on the sentence Ante P. 635. has been completed as required by articles 48 and 50. "(2) The power to suspend a sentence shall include the power to restore the person affected to duty during such suspension. "(3) The power to mitigate, remit or suspend the sentence or any part thereof in the case of a person confined in the United States disciplinary barracks or in a penitentiary shall be exer- cised by the Secretary of the Department of the Army or by the Judge Advocate General under the direction of the Secretary of the Department of the Army." 41 stat. 714. SEC. 229. Article 52 is amended to read as follows: "ART. 52. RErmrNGs.- When any reviewing or confirming author- ity disapproves a sentence or when any sentence is vacated by action of the Board of Review or Judicial Council and the Judge Advocate General, the reviewing or confirming authority or the Judge Advocate General may authorize or direct a rehearing. Such rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon such rehearing the accused shall not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence shall be enforced unless the sentence 638 [62 STAT.

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