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U.S. Code as of:
01/19/04
Section 845. Art. 45. Pleas of the accused
(a) If an accused after arraignment makes an irregular pleading,
or after a plea of guilty sets up matter inconsistent with the
plea, or if it appears that he has entered the plea of guilty
improvidently or through lack of understanding of its meaning and
effect, or if he fails or refuses to plead, a plea of not guilty
shall be entered in the record, and the court shall proceed as
though he had pleaded not guilty.
(b) A plea of guilty by the accused may not be received to any
charge or specification alleging an offense for which the death
penalty may be adjudged. With respect to any other charge or
specification to which a plea of guilty has been made by the
accused and accepted by the military judge or by a court-martial
without a military judge, a finding of guilty of the charge or
specification may, if permitted by regulations of the Secretary
concerned, be entered immediately without vote. This finding shall
constitute the finding of the court 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withdrawn prior to announcement of the sentence, in which event the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.
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