GEORGIA CODE (Last Updated: August 20, 2013) |
Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS |
Chapter 2. MILITARY AFFAIRS |
Article 5. CODE OF MILITARY JUSTICE |
Part 1. GENERAL PROVISIONS |
§ 38-2-320. Short title |
§ 38-2-321. Definitions |
§ 38-2-322. Persons subject to article |
§ 38-2-323. Jurisdiction to try certain personnel |
§ 38-2-324. Presumption of jurisdiction |
§ 38-2-325. Territorial applicability of article |
§ 38-2-326. Judge advocates and legal officers |
Part 2. APPREHENSION AND RESTRAINT |
§ 38-2-340. Apprehension |
§ 38-2-341. Apprehension of deserters |
§ 38-2-342. Imposition of restraint |
§ 38-2-343. Restraint of persons charged with offenses |
§ 38-2-344. Confinement and imprisonment in civil jails |
§ 38-2-345. Reports and receiving of prisoners; prisoner's commanding officer notified |
§ 38-2-346. Punishment prohibited before trial |
§ 38-2-347. Delivery of offenders to civil authorities |
Part 3. NONJUDICIAL PUNISHMENT |
§ 38-2-360. Commanding officer's nonjudicial punishment; regulations limiting; officers in charge; appeal; effect on more serious offenses |
Part 4. COURT-MARTIAL JURISDICTION |
§ 38-2-370. Courts-martial classified |
§ 38-2-371. Jurisdiction of courts-martial; generally |
§ 38-2-372. General courts-martial |
§ 38-2-373. Special courts-martial |
§ 38-2-374. Summary courts-martial |
§ 38-2-375. Confinement authorized; duration determined |
§ 38-2-376. Jurisdiction not exclusive |
Part 5. COMPOSITION OF COURTS-MARTIAL |
§ 38-2-390. Who may convene general courts-martial |
§ 38-2-391. Who may convene special courts-martial |
§ 38-2-392. Who may convene summary courts-martial |
§ 38-2-393. Who may serve on courts-martial |
§ 38-2-394. Law officer of general court-martial |
§ 38-2-395. Appointment of trial counsel and defense counsel |
§ 38-2-396. Appointment of reporters and interpreters |
§ 38-2-397. Absent and additional members |
Part 6. PRETRIAL PROCEDURE |
§ 38-2-410. Charges and specifications |
§ 38-2-411. Compulsory self-incrimination prohibited |
§ 38-2-412. Investigation; cross-examination; effect of failure to perform |
§ 38-2-413. Forwarding of charges |
§ 38-2-414. Advice of state judge advocate and reference for trial; corrections |
§ 38-2-415. Service of charges; time period before trial |
Part 7. TRIAL PROCEDURES |
§ 38-2-430. Governor may prescribe rules and regulations; conform to federal practice, if practicable |
§ 38-2-431. Unlawfully influencing action of court |
§ 38-2-432. Duties of trial and defense counsel; defense brief forwarded with record; assistant counsel |
§ 38-2-433. Sessions; vote of court; findings; presence of defendant, counsel, or law officer |
§ 38-2-434. Continuances |
§ 38-2-435. Challenges; order of presentation; peremptory challenges |
§ 38-2-436. Oaths |
§ 38-2-437. Statute of limitations |
§ 38-2-438. Former jeopardy |
§ 38-2-439. Pleas of accused; when plea not guilty |
§ 38-2-440. Opportunity to obtain witnesses and other evidence |
§ 38-2-441. Process and mandates of military courts; who may issue; execution |
§ 38-2-442. Refusal to appear or testify; penalty |
§ 38-2-443. Contempts, penalty |
§ 38-2-444. Depositions |
§ 38-2-445. Admissibility of records of courts of inquiry |
§ 38-2-446. Voting, rulings, and charge |
§ 38-2-447. Number of votes required |
§ 38-2-448. Court to announce action |
§ 38-2-449. Record of trial; contents; authentication; given to accused |
Part 8. SENTENCES |
§ 38-2-460. Cruel and unusual punishments prohibited; use of irons |
§ 38-2-461. Maximum limits |
§ 38-2-462. Effective date of sentences |
§ 38-2-463. Execution of confinement; discipline while in civil jails; hard labor; civil confinement according to law |
§ 38-2-464. Payment of fines; disposition |
Part 9. REVIEW OF COURTS-MARTIAL |
§ 38-2-480. Effect of error of law; lesser included offense |
§ 38-2-481. Initial action on the record -- Reviewing authority |
§ 38-2-482. Initial action on the record -- General court-martial records; judge advocate's opinion; effect of acquittal |
§ 38-2-483. Reconsideration and revision; limitations and exceptions |
§ 38-2-484. Rehearings; grounds; members of court; effect on sentence |
§ 38-2-485. Approval by convening authority |
§ 38-2-486. Disposition of records after review by convening authority; review by state judge advocate; powers; boards of review; composition |
§ 38-2-487. Review counsel; when furnished; civilian attorney |
§ 38-2-488. Execution of sentence; suspension of sentence |
§ 38-2-489. Vacation of suspension; records; who may vacate |
§ 38-2-490. Petition for new trial; time period; grounds |
§ 38-2-491. Remission or suspension of sentence; modification of type of discharge by Governor |
§ 38-2-492. Restoration of rights, privileges, and property, in event of remission; administrative discharge; reinstatement |
§ 38-2-493. Finality of proceedings, findings, and sentences; binding effect |
Part 10. PUNITIVE PROVISIONS |
§ 38-2-510. Principals |
§ 38-2-511. Accessory after the fact |
§ 38-2-512. Conviction of lesser included offense |
§ 38-2-513. Attempts |
§ 38-2-514. Conspiracy |
§ 38-2-515. Solicitation of desertion, mutiny, misbehavior before the enemy, or sedition |
§ 38-2-516. Fraudulent enlistment, appointment, or separation |
§ 38-2-517. Unlawful enlistment, appointment, or separation |
§ 38-2-518. Desertion |
§ 38-2-519. Absence without leave |
§ 38-2-520. Missing movement of ship, aircraft, or unit |
§ 38-2-521. Contempt towards officials |
§ 38-2-522. Disrespect towards superior officer |
§ 38-2-523. Assaulting or willfully disobeying officer |
§ 38-2-524. Insubordinate conduct toward warrant or noncommissioned officer |
§ 38-2-525. Failure to obey order or regulation |
§ 38-2-526. Cruelty and maltreatment |
§ 38-2-527. Mutiny or sedition |
§ 38-2-528. Resistance, breach of arrest, and escape |
§ 38-2-529. Releasing prisoner without proper authority |
§ 38-2-530. Unlawful detention |
§ 38-2-531. Noncompliance with procedural rules; unnecessary delay |
§ 38-2-532. Misbehavior before the enemy |
§ 38-2-533. Subordinate compelling surrender |
§ 38-2-534. Improper use of countersign or parole |
§ 38-2-535. Forcing a safeguard |
§ 38-2-536. Captured or abandoned property; trading and looting prohibited |
§ 38-2-537. Aiding the enemy |
§ 38-2-538. Misconduct as prisoner of war |
§ 38-2-539. False official statements |
§ 38-2-540. Military property; loss, damage, destruction, or wrongful disposition |
§ 38-2-541. Property other than military property; waste, spoilage, or destruction |
§ 38-2-542. Personal property of another; taking with intent to steal; dollar limit |
§ 38-2-543. Improper hazarding of vessel; willful or negligent |
§ 38-2-544. Drunken or reckless driving |
§ 38-2-545. Drunk on duty; misbehavior while standing his post |
§ 38-2-546. Dueling |
§ 38-2-547. Malingering; feigning illness; self-infliction of injury |
§ 38-2-548. Riot or breach of peace |
§ 38-2-549. Provoking words or gestures |
§ 38-2-550. Perjury |
§ 38-2-551. Frauds against the government |
§ 38-2-552. Conduct unbecoming officer and gentleman |
§ 38-2-553. General provision |
Part 11. MISCELLANEOUS PROVISIONS |
§ 38-2-570. Courts of inquiry; composition; parties; report |
§ 38-2-571. Authority to administer oaths; limitations; effect of signature |
§ 38-2-572. Marshals; duties, powers, immunities |
§ 38-2-573. Immunity of military courts, members, or others acting upon its authority or reviewing its proceedings |
§ 38-2-574. Code sections to be explained to enlisted personnel |
§ 38-2-575. Complaints of wrongs by commanding officers |
§ 38-2-576. Redress of injuries to private property; complaint; investigating board; assessment |
§ 38-2-577. Delegation by Governor |
REFS & ANNOS
TITLE 38 Chapter 2 Article 5 NOTE
RESEARCH REFERENCES
Am. Jur. Trials. --Court-Martial Defense by the Nonmilitary Lawyer, 45 Am. Jur. Trials 351.
Am. Jur. Trials. --Court-Martial Defense by the Nonmilitary Lawyer, 45 Am. Jur. Trials 351.