Subchapter IX · Post-Trial Procedure and Review of Courts-Martial
Article 59. Error of law; lesser included offense
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (2)(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Cross-referencesCited by 2
Cited by
Provisions elsewhere in the Manual whose text cites Article 59. Each link opens the citing provision.
Rules for Courts-Martial
R.C.M. 108 — Rules of court
…to a party who has received actual and timely notice of the rule or who has not been prejudiced under Article 59 by the absence of such notice. Copies of all rules of court issued under this rule shall be forwarded to the…
…the findings and the sentence and does not authorize a rehearing, it must order the charges dismissed. See Article 59(a) and Article 66. A Court of Criminal Appeals may on petition for extraordinary relief issue all writs…