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U.S. Code as of:
01/19/04
Section 819. Art. 19. Jurisdiction of special courts-martial
Subject to section 817 of this title (article 17), special
courts-martial have jurisdiction to try persons subject to this
chapter for any noncapital offense made punishable by this chapter
and, under such regulations as the President may prescribe, for
capital offenses. Special courts-martial may, under such
limitations as the President may prescribe, adjudge any punishment
not forbidden by this chapter except death, dishonorable discharge,
dismissal, confinement for more than one year, hard labor without
confinement for more than three months, forfeiture of pay exceeding
two-thirds pay per month, or forfeiture of pay for more than one
year. A bad-conduct discharge, confinement for more than six
months, or forfeiture of pay for more than six months may not be
adjudged unless a complete record of the proceedings and testimony
has been made, counsel having the qualifications prescribed under
section 827(b) of this title (article 27(b)) was detailed to
represent the accused, and a military judge was detailed to the
trial, except in any case in which a military judge could not be
detailed to the trial because of physical conditions or military
exigencies. In any such case in which a military judge was not
detailed to the trial, the convening authority shall make a
detailed written statement, to be appended to the record, stating
the reason or reasons a military judge could not be detailed.
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