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U.S. Code as of:
01/19/04
Section 871. Art. 71. Execution of sentence; suspension of sentence
(a) If the sentence of the court-martial extends to death, that
part of the sentence providing for death may not be executed until
approved by the President. In such a case, the President may
commute, remit, or suspend the sentence, or any part thereof, as he
sees fit. That part of the sentence providing for death may not be
suspended.
(b) If in the case of a commissioned officer, cadet, or
midshipman, the sentence of a court-martial extends to dismissal,
that part of the sentence providing for dismissal may not be
executed until approved by the Secretary concerned or such Under
Secretary or Assistant Secretary as may be designated by the
Secretary concerned. In such a case, the Secretary, Under
Secretary, or Assistant Secretary, as the case may be, may commute,
remit, or suspend the sentence, or any part of the sentence, as he
sees fit. In time of war or national emergency he may commute a
sentence of dismissal to reduction to any enlisted grade. A person
so reduced may be required to serve for the duration of the war or
emergency and six months thereafter.
(c)(1) If a sentence extends to death, dismissal, or a
dishonorable or bad conduct discharge and if the right of the
accused to appellate review is not waived, and an appeal is not
withdrawn, under section 861 of this title (article 61), that part
of the sentence extending to death, dismissal, or a dishonorable or
bad-conduct discharge may not be executed until there is a final
judgment as to the legality of the proceedings (and with respect to
death or dismissal, approval under subsection (a) or (b), as
appropriate). A judgment as to legality of the proceedings is final
in such cases when review is completed by a Court of Criminal
Appeals and -
(A) the time for the accused to file a petition for review by
the Court of Appeals for the Armed Forces has expired and the
accused has not filed a timely petition for such review and the
case is not otherwise under review by that Court;
(B) such a petition is rejected by the Court of Appeals for the
Armed Forces; or
(C) review is completed in accordance with the judgment of the
Court of Appeals for the Armed Forces and -
(i) a petition for a writ of certiorari is not filed within
the time limits prescribed by the Supreme Court;
(ii) such a petition is rejected by the Supreme Court; or
(iii) review is otherwise completed in accordance with the
judgment of the Supreme Court.
(2) If a sentence extends to dismissal or a dishonorable or bad
conduct discharge and if the right of the accused to appellate
review is waived, or an appeal is withdrawn, under section 861 of
this title (article 61), that part of the sentence extending to
dismissal or a bad-conduct or dishonorable discharge may not be
executed until review of the case by a judge advocate (and any
action on that review) under section 864 of this title (article 64)
is completed. Any other part of a court-martial sentence may be
ordered executed by the convening authority or other person acting
on the case under section 860 of this title (article 60) when
approved by him under that section.
(d) The convening authority or other person acting on the case
under section 860 of this title (article 60) may suspend the
execution of any sentence or part thereof, except a death sentence.
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