Error of law; lesser included offense

  1. Law
  2. USC 10
  3. Armed Forces
  4. General Military Law
  5. PERSONNEL
  6. MILITARY COMMISSIONS
  7. POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS
  8. Error of law; lesser included offense

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§950a. Error of law; lesser included offense

(a) Error of Law.-A finding or sentence of a military commission under this chapter 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) Lesser Included Offense.-Any reviewing authority with the power to approve or affirm a finding of guilty by a military commission under this chapter may approve or affirm, instead, so much of the finding as includes a lesser included offense.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2599 .)

Prior Provisions

A prior section 950a, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2618 , related to error of law and lesser included offense, prior to the general amendment of this chapter by Pub. L. 111–84.


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