Subchapter IX · Post-Trial Procedure and Review of Courts-Martial
Article 72. Vacation of suspension
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (1)(a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires.
(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer exercising general court-martial jurisdiction vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 857 of this title (article 57)). The vacation of the suspension of a dismissal is not effective until approved by the Secretary concerned.
(c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Cross-referencesCited by 1Cites 3
Cited by
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Military Rules of Evidence
Mil. R. Evid. 1101(d)(3) — Applicability of these rules
proceedings for vacation of suspension of sentence under Article 72; and
Article 72 cites
Provisions named in the text of Article 72. Where the cited provision is on this site, the link opens it.