Imperial Service Code of Justice

Subchapter I. General Provisions

Article 1. Definitions

In this chapter:

The term “Judge Advocate Marshal” means, severally, the Judge Advocates Marshals of the Imperial Service and the subordinate Imperial Military, Imperial Guard, and Imperial Police.
The term “commanding officer” includes only commissioned officers.
The term “officer in charge” means a member of the Imperial Service designated as such by appropriate authority.
The term “superior commissioned officer” means a commissioned officer superior in rank or command.
The term “cadet” means a cadet in any Imperial Service Academy that produces and trains officers.
The term “military” refers to any or all of the Imperial Service.
The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
‘Judge” means an official of a general or special court-martial detailed in accordance with this title
“Law specialist” means a non-commissioned officer of the Imperial Service designated for special duty (law).
“Legal officer” means any commissioned officer of the Imperial Service designated to perform legal duties for a command.
“Judge Advocate” means—
1. an officer of the Judge Advocate Marshal’s Corp of the Imperial Service;
2. an officer of the Imperial Service who is designated as a judge advocate; or
“Record”, when used in connection with the proceedings of a court-martial means—
1. an official written transcript, written summary, or other writing relating to the proceedings: or
2. an official audiotape, videotape, or similar material from which sound and visual images, depicting the proceedings may be reproduced.
The term “classified information” means:
1. Any information or material that has been determined by an official of the Imperium pursuant to law, a Prime Dictate, or regulation to require protection against unauthorized disclosure for reasons of imperial security;
2. and any restricted data, as defined in section by Orders
The term “imperium security” means the defense, security, and foreign relations of the Aksum Imperium

Article 2. Persons Subject to this Charter

The following persons are subject to this chapter:
1. Members of a regular component of the Imperial Service, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the Imperial Service; inductees from the time of their actual induction into the Imperial Services; and other persons lawfully called or ordered into, or to duty in or for training in the Imperial Service, from the dates when they are required by the terms of the call or order to obey it.
2. Cadets.
3. Members of a reserve component while on inactive-duty training, but in the case of members of the Imperial Service Merchant Marine ##Inactive Reserve only when in Imperial Service.
4. Retired members of a regular component of the Imperial Service who are entitled to pay.
5. Retired members of a reserve component who are receiving hospitalization from an Imperial Service.
6. Members of the Imperial Service Reserve.
7. Persons in custody of the Imperial Service serving a sentence imposed by a court-martial or tribunal.
8. Members of other organizations, when assigned to and serving with the Imperial Service.
9. Prisoners of war in custody of the Imperial Service.
10. In time of war, persons serving with or accompanying an Imperial Service element in the field.
11. Subject to any treaty or agreement which the Aksum Imperium is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the Imperial Service outside the Aksum Imperium and outside all protectorate worlds and administrative regions.
12. Subject to any treaty or agreement which the Aksum Imperium is or may be a party to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for use of the Aksum Imperium which is under the control of the Marshal concerned and which is outside the Aksum Imperium and outside all protectorate worlds and administrative regions.
The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the Imperial Service shall be valid for purposes of jurisdiction under subsection (A) and change of status from civilian to member of the Imperial Service shall be effective upon the taking of the oath of enlistment.
Notwithstanding any other provision of law, a person serving with an Imperial Service who—
1. Submitted voluntarily to military authority;
2. met the mental competence and minimum age qualifications of this title at the time of voluntary submissions to military authority:
3. received military pay or allowances; and
4. performed military duties: is subject to this chapter until such person’s active service has been terminated in accordance with law or regulations promulgated by the Marshal concerned.
5. A member of a reserves who is not on active duty and who is made the subject of proceedings with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-
  1. investigation;
  2. trial by court-martial; or
  3. non judicial punishment.
6. Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the Grand Marshal.
7. A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of the Imperial Service.

Article 3. Jurisdiction To Try Certain Personnel

No person charged with having committed, while in a status in which they was subject to this chapter, an offense against this chapter, punishable by confinement for five months or more and for which the person cannot be tried in the courts of the Aksum Imperium or of an Ally, a Protectorate, or Administrative Region, may be relieved from amenability to trial by court-martial by reason of the termination of that status.
Each person discharged from the Imperial Service who is later charged with having fraudulently obtained one’s discharge is, subject to trial by court-martial on that charge and is after apprehension subject to trial by court-martial for all offense under this chapter committed before the fraudulent discharge
No person who has deserted from the Imperial Service may be relieved from amenability to the jurisdiction of this chapter by virtue of separation from any later period of service.
A member of a reserve component who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.

ART. 4. DISMISSED OFFICER’S RIGHT TO TRIAL BY COURT-MARTIAL

If any commissioned officer, dismissed by order of the Supreme Commander or Grand Marshal, makes a written application for trial by court-martial setting forth under oath, that they has been wrongfully dismissed, the Grand Marshal, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which they was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and they shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which they are charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal or death, the Marshal concerned shall substitute for the dismissal ordered by the Grand Marshal a form of discharge authorized for administrative issue.
If the Grand Marshal fails to convene a general court-martial within six months from the preparation of an application for trial under this article, the Marshal concerned shall substitute for the dismissal order by the Grand Marshal a form of discharge authorized for administrative issue.
If a discharge is substituted for a dismissal under this article, the Grand Marshal alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Grand Marshal, that former officer would have attained had they not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Grand Marshal may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
If an officer is discharged from any Imperial Service by administrative action or is dropped from the rolls by order of the Grand Marshal, they has no right to trial under this article.

ART. 5. TERRITORIAL APPLICABILITY OF THIS CHAPTER

This chapter applies in all places.

ART. 6. JUDGE ADVOCATES AND LEGAL OFFICERS

The assignment for duty of judge advocates of the Imperial Service shall be made upon the recommendation of the Judge Advocate General of the quadrant in which they are assigned. The Judge Advocate Marshal or senior members of one’s staff shall make frequent inspection in the field in supervision of the administration of military justice.
Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate Marshal.
No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as staff judge-advocate or legal officer to any reviewing authority upon the same case.

ART. 6a. INVESTIGATION AND DISPOSITION OF MATTERS PERTAINING TO THE FITNESS OF MILITARY JUDGES

The Grand Marshal shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge to perform the duties of the judge’s position, to the extent practicable, the procedures shall be uniform for all Imperial Service.
The Grand Marshal shall transmit a copy of the procedures prescribed pursuant to this section to the Imperial Barristers Council.

Subchapter II. Apprehension and Restraint =

ART. 7. APPREHENSION

Apprehension is the taking of a person into custody.
Any person authorized under regulations governing the Imperial Service to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this chapter who take part therein.

ART. 8. APPREHENSION OF DESERTERS

Any civil officer having authority to apprehend offenders under the laws of the Aksum Imperium or of an Ally, Protectorate World, or Administrative Region may summarily apprehend a deserter from the Imperial Service and deliver them into the custody of those forces.

ART. 9. IMPOSITION OF RESTRAINT

Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing them to remain within certain specified limits. Confinement is the physical restraint of a person.
An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of one’s command or subject to one’s authority into arrest or confinement.
A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority they are subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
No person may be ordered into arrest or confinement except for probable cause.
Nothing in this article limits the authority of a person authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

ART. 10. RESTRAINT OF PERSONS CHARGED WITH OFFENSES

Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, they shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform them of the specific wrong of which they are accused and to try them or to dismiss the charges and release him.

ART. 11. REPORTS AND RECEIVING OF PRISONERS

No provost marshal, commander or a guard, or master at arms may refuse to receive or keep any prisoner committed to one’s charge by a commissioned officer of the Imperial Service, when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner.
Every commander of a guard or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as they are relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.

ART. 12. CONFINEMENT WITH ENEMY PRISONERS PROHIBITED

No member of the Imperial Service may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the Imperial Service.

ART. 13 PUNISHMENT PROHIBITED BEFORE TRIAL

No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon them be any more rigorous than the circumstances required to insure one’s presence, but they may be subjected to minor punishment during that period for infractions of discipline.

ART. 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES

Under such regulations as the Grand Marshal may prescribe, a member of the Imperial Service accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for one’s offense shall, upon the request of competent Imperial Service authority, be returned to Imperial Service custody for the completion of one’s sentence.

Subchapter III. Non-Judicial Punishment

ART. 15. COMMANDING OFFICER’S NON-JUDICIAL PUNISHMENT

Under such regulations as the Grand Marshal may prescribe, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the Imperial Service under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations of the Marshal concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate one’s powers under this article to a principal assistant.
Subject to subsection (a) any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial—
1. upon officers of one’s command—
  1. restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
  2. if imposed by an officer exercising general court-martial jurisdictions or an officer of general flag rank in command—
    1. arrest in quarters for not more than 30 consecutive days;
    2. forfeiture of not more than one-half of one month’s pay per month for two months;
    3. restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
    4. detention of not more than one-half of one month’s pay per month for three months;
2. upon other personnel of one’s command—
  1. if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;
  2. correctional custody for not more than seven consecutive days;
  3. forfeiture of not more than seven days’ pay;
  4. reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
  5. extra duties, including fatigue or other duties, for not more than 14 consecutive days;
  6. restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;
  7. detention of not more than 14 days’ pay;
  8. if imposed by an officer of the grade of major or lieutenant commander, or above—
    1. the punishment authorized under clause (A);
    2. correctional custody for not more than 30 consecutive days;
    3. forfeiture of not more than one-half of one month’s pay per month for two months;
    4. reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, by an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
    5. extra duties, including fatigue or other duties, for not more than 45 consecutive days;
    6. restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
    7. detention of not more than one-half of one month’s pay per month for three months.
3. Detention of pay shall be for a stated period of not more than one year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement or bread and water or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not bee combined with detention of pay without an apportionment. For the purpose of this subsection, “correctional custody” is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
An officer in charge may impose upon enlisted members assigned to the unit of which they are in charge such of the punishment authorized under subsection (b)(2)(A)-(G) as may be specifically prescribed by regulation.
The officer who imposes the punishment authorized in subsection (b), or one’s successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or forfeiture imposed under subsection (b), whether or not executed. In addition, they may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating—
1. arrest in quarters to restriction;
2. confinement on bread and water or diminished rations to correctional custody;
3. correctional custody confinement on bread and water or diminished rations to extra duties or restriction, or both; or
4. extra duties to restriction;
the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
A person punished under this article who considers one’s punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment. Before acting on appeal from a punishment of—
1. arrest in quarters for more than seven days;
2. correctional custody for more than seven days;
3. forfeiture of more than seven days’ pay;
4. reduction of one or more pay grades from the fourth or a higher pay grade;
5. restriction for more than 14 days; or
6. detention of more than 14 days’ pay;
the authority who is to act on the appeal shall refer the case to a judge advocate or a lawyer of the Imperial Service for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b).

The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by #court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

The Grand Marshal may, by regulation, prescribe the form of records to be kept under this article and may also prescribe that certain categories of those proceedings shall be in writing.

Subchapter IV. Court-Martial Jurisdiction

ART. 16. COURT-MARTIAL CLASSIFIED

The three kinds of courts-martial in each of the Imperial Service are—
1. general courts-martial, consisting of—
  1. An Imperial Service judge and not less than five members; or
  2. only an Imperial Service judge, if before the court is assembled the accused, knowing the identity of the judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a judge and the military judge approves;
2. special courts-martial, consisting of—
  1. not less than three members; or
  2. a judge and not less than three members; or

only a judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and

summary courts-martial, consisting of one commissioned officer.

ART. 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL

Each Imperial Service component has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one Imperial Service over personnel of another Imperial Service shall be in accordance with regulations prescribed by the Grand Marshal.
In all cases, Service Component review after that by the officer with authority to convene a general court-martial for the command which held the trial, where that review is required under this chapter, shall be carried out by the component that includes the accused as a member.

ART. 18. JURISDICTION OF GENERAL COURTS-MARTIAL

Subject article 17, general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the Grand Marshal may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. However, a general court-martial of the kind specified in article 16(1)(B) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as noncapital case.

ART. 19. JURISDICTION OF SPECIAL COURTS-MARTIAL

Subject to section article 17, special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the Grand Marshal may prescribe, for capital offenses. Special courts-martial may, under such limitations as the Grand Marshal may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than six months, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than six months. A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under article 27(b) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.

ART. 20. JURISDICTION OF SUMMARY COURTS-MARTIAL

Subject to article 17, summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, and cadets, for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts- martial have jurisdiction may be brought to trial before a summary court- martial if they object thereto. If objection to trial by summary court- martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the Grand Marshal may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad- conduct discharge, confinement for more than one month, hard labor without confinement for more than 45 days, restrictions to specified limits for more than two months, or forfeiture of more than two-thirds of one month’s pay.

ART. 21. JURISDICTION OF COURTS-MARTIAL NOT EXCLUSIVE

The provisions of this chapter conferring jurisdiction upon courts- martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other tribunals.

Subchapter V. Composition of Courts-Martial =

ART. 22. WHO MAY CONVENE GENERAL COURTS-MARTIAL

General courts-martial may be convened by—
1. the Sovereign/Supreme Commander
2. the Grand Marshal of the Aksum Imperium;
3. Component Marshals
4. the commanding officer of a system, unified or specified command;
5. the commander in chief of a fleet; the commanding officer of a naval station or larger activity of the Imperial Service beyond the Aksum Imperium.
6. any other commanding officer designated by the Supreme Commander concerned; or

any other commanding officer in any of the Imperial Service when empowered by the Grand Marshal.

If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.

ART. 23. WHO MAY CONVENE SPECIAL COURTS-MARTIAL

Special courts-martial may be convened by—
1. any person who may convene a general court-martial;
2. the commanding officer of a district, garrison, fort, camp, station, base, , or other place where members of the Imperial Service are on duty;
3. the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Imperial Service security;
4. the commanding officer of a wing, group, or separate squadron of the Imperial Service;

the commanding officer of any naval vessel, shipyard, base, or station; the commanding officer of any security brigade, regiment, detached battalion, or corresponding unit;

the commanding officer of any separate or detached command or group of detached units of any of the Imperial Service placed under a single commander for this purpose; or
the commanding officer or officer in charge of any other command when empowered by the Marshal.

If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.

ART. 24. WHO MAY CONVENE SUMMARY COURTS-MARTIAL

Summary courts-martial may be convened by—
1. any person who may convene a general or special court-martial;
2. the commanding officer of a detached company other detachment of the Imperial Service;
3. the commanding officer or officer in charge of any other command when empowered by the Marshal concerned.
When only one commissioned officer is present with a command or detachment they shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.

ART. 25. WHO MAY SERVE ON COURTS-MARTIAL

Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
1. Any enlisted member of an Imperial Service on active duty who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of an Imperial Service who may lawfully be brought before such courts for trial, but they shall serve as a member of a court only if, before the conclusion of a session called by the military judge under article 39(a) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special courts-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
2. In this article, “unit” means any regularly organized body as defined by the Marshal concerned, but in no case may it be a body larger than a company, squadron, ship’s crew, or body corresponding to one of them.
3. When it can be avoided, no member of an Imperial Service may be tried by a court-martial any member of which is junior to them in rank or grade.
4. When convening a court-martial, the convening authority shall detail as member thereof such members of the Imperial Service as, in one’s opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an Imperial Service is eligible to serve as a member of a general or special court-martial when they are the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Marshal concerned may prescribe, the convening authority may delegate one’s authority under this subsection to one’s staff judge advocate or legal officer or to any other principal assistant.

ART. 26. MILITARY JUDGE OF A GENERAL OR SPECIAL COURT-MARTIAL

An Imperial Service judge shall be detailed to each general court-martial. Subject to regulations of the Marshal concerned, a military judge may be detailed to any special court-martial. The Marshal concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial in which they has been detailed.
A military judge shall be a commissioned officer of the Imperial Service who is a member of the bar of a Federal court or a member of the bar of the highest court of a Member World and who is certified to be qualified for duty as a military judge by the Judge Advocate General of the Imperial Service of which such military judge is a member.
The military judge of a general court-martial shall be designated by the Judge Advocate General, or one’s designee, of the Imperial Service of which the military judge is a member of detail in accordance with regulations prescribed under subsection (a). Unless the court-martial was convened by the Grand Marshal or the Marshal concerned, neither the convening authority nor any member of one’s staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to one’s performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when they are assigned and directly responsible to the Judge Advocate General, or one’s designee, of the Imperial Service of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to one’s primary duty as a military judge of a general court-martial when such duties are assigned to them by or with the approval of that Judge Advocate General or one’s designee.
No person is eligible to act as military judge in a case if they are the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may they vote with the members of the court.

ART. 27. DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL

Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Marshal concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts- martial and for the persons who are authorized to detail counsel for such courts-martial.
No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
Trial counsel or defense counsel detailed for a general court-martial—
1. must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a Member World; or must be a member of the bar of a Federal court or of the highest court of a Member World; and
2. must be certified as competent to perform such duties by the Judge Advocate General of the Imperial Service of which they are a member.
In the case of a special court-martial—
1. the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under (article 27(b) unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;
2. if the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and
3. if the trial counsel is a judge advocate or a member of the bar of a Federal court or the highest court of a Member World, the defense counsel detailed by the convening authority must be one of the foregoing.

ART. 28 DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS.

Under such regulations as the Marshal concerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission.

ART. 29. ABSENT AND ADDITIONAL MEMBERS

No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new member sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.
Whenever a special court-martial, other than a special court-marital composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused and counsel for both sides.
If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of article 16(1)(B) or (2)(C), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.

Subchapter VI. Pre-Trial Procedure

ART. 30. CHARGES AND SPECIFICATIONS

Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the Imperial Service authorized to administer oaths and shall state—
1. that the signer has personal knowledge of, or has investigated, the matters set forth therein; and
2. that they are true in fact to the best of one’s knowledge and belief.

Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against them as soon as practicable.

ART. 31. COMPULSORY SELF-INCRIMINATION PROHIBITED

No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
No person subject to this chapter may interrogate, or request any statement from an accused or a person suspected of an offense without first informing them of the nature of the accusation and advising them that they does not have to make any statement regarding the offense of which they are accused or suspected and that any statement made by them may be used as evidence against them in a trial by court-martial.
No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence in not material to the issue and may tend to degrade him.
No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against them in a trial by court-martial.

ART. 32. INVESTIGATION

No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth herein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
The accused shall be advised of the charges against them and of one’s right to be represented at that investigation as provided in article 38 and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against them if they are available and to present anything they may desire in one’s own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this article unless it is demanded by the accused after they are informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in one’s own behalf.
The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error.

ART. 33. FORWARDING OF CHARGES

When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court martial jurisdiction. If that is not practicable, they shall report in writing to that officer the reasons for the delay.

ART. 34. ADVICE OF STAFF JUDGE ADVOCATE AND REFERENCE FOR TRIAL

Before directing the trial of any charge by general court-martial, the convening authority shall refer it to one’s staff judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless they has been advised in writing by the staff judge advocate that—
1. the specification alleges an offense under this chapter;
2. the specification is warranted by the evidence indicated in the report of investigation under article 32 (if there is such a report); and
3. a court-martial would have jurisdiction over the accused and the offense.
The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate—
1. expressing one’s conclusions with respect to each matter set forth in subsection (a); and
2. recommending action that the convening authority take regarding the specification.
If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.
If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigation officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.

ART. 35. SERVICE OF CHARGES

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against one’s objection, be brought to trial or be required to participate by himself or counsel in a session called by the military judge under section article 39(a), in a general court-martial case within a period of five days after the service of charges upon them or in a special court-martial within a period of three days after the service of the charges upon him.

Subchapter VII.

ART 36. Grand Marshal MAY PRESCRIBE RULES

Pretrial, trial, and post trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the Grand Marshal by regulations which shall, so far as they considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the Aksum Imperium district courts, but which may not be contrary to or inconsistent with this chapter.
All rules and regulations made under this article shall be uniform insofar as practicable and shall be reported to the Imperial Council.

ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT

No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or one’s functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to one’s judicial acts. The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by the military judge, Grand Marshal of a special court-martial, or counsel.
In the preparation of an effectiveness, fitness, or efficiency report on any other report or document used in whole or in part for the purpose of determining whether a member of the Imperial Service is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the Imperial Service or in determining whether a member of the Imperial Service should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member, as counsel, represented any accused before a court-martial.

ART. 38. DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL

The trial counsel of a general or special court-martial shall prosecute in the name of the Aksum Imperium, and shall, under the direction of the court, prepare the record of the proceedings.
1. The accused has the right to be represented in one’s defense before a general or special court-martial or at an investigation.
2. The accused may be represented by civilian counsel if provided by him.
3. The accused may be represented—
  1. by military counsel detailed under article 27; or
  2. by military counsel of one’s own selection if that counsel is reasonably available (as determined under regulations prescribed under paragraph (7)).
4. If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused.
5. Except as provided under paragraph (6), if the accused is represented by military counsel of one’s own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) shall be excused.
6. The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under article 27 to detail counsel in one’s sole discretion—
  1. may detail additional military counsel as assistant defense counsel; and
  2. if the accused is represented by military counsel of one’s own selection under paragraph (3)(B), may approve a request from the accused that military counsel detailed under paragraph (3)(A) act as associate defense counsel.
7. The Marshal concerned shall, by regulation, define “reasonably available” for the purpose of paragraph (3)(B) and establish procedures for determining whether the military counsel selected by an accused under that paragraph is reasonably available. Such regulations may not prescribe any limitation based on the reasonable availability of counsel solely on the grounds that the counsel selected by the accused if from an Imperial Service other than the Imperial Service of which the accuse is a member. To the maximum extent practicable, such regulations shall establish uniform policies among the Imperial Service while recognizing the differences in the circumstances and needs of the various Imperial Service. The Marshal concerned shall submit copies of regulations prescribed under this paragraph to the Committee on Stellar Services of the Imperial Council.
In any court-martial proceeding resulting in a conviction, the defense counsel-
1. may foreword for attachment to the record of proceedings a brief of such matters as they determines should be considered in behalf of the accused on review (including any objections to the contents of the record which they considers appropriate);
2. may assist the accused in the submission of any matter under article 60; and
3. may take other action authorized by this chapter.
An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when they are qualified to be a trial counsel as required by article 27, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court- martial may perform any duty of the trial counsel.

An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when they are qualified to be the defense counsel as required by article 27, perform any duty imposed by law, regulation, or custom of the service upon counsel for the accused.

ART. 39. SESSIONS

At any time after the service of charges which have been referred for trial by court-martial composed of a military judge and members, the military judge may, subject to article 35, call the court into session without the presence of the members for the purpose of—
1. hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
2. hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
3. if permitted by regulations of the Marshal concerned, holding the arraignment and receiving the pleas of the accused; and
4. performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.
These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.
When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.

ART. 40. CONTINUANCES

The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

ART. 41. CHALLENGES

The military judge and members of a general or special court- martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or if none, the court, shall determine the relevance and validity of the challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.

ART. 42. OATHS

Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Marshal concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person is detailed to that duty.
Each witness before a court-martial shall be examined on oath.

ART. 43. STATUTE OF LIMITATIONS

A person charged with absence without leave or missing movement in time of war, or with any offense punishable by death, may be tried at any time without limitation.
1. Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court- martial jurisdiction over the command.
2. A person charged with an offense is not liable to be punished under article 15 if the offense was committed more than two years before the imposition of punishment.
Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section (article).
Periods in which the accused was absent from territory in which the Aksum Imperium has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
For an offense the trial of which in time of war is certified to the Grand Marshal by the Marshal concerned to be detrimental to the prosecution of the war or inimical to imperial security, the period of limitation prescribed in this article is extended to six months after the termination of hostilities as proclaimed by the Sovereign.
When the Aksum Imperium is at war, the running of any statute of limitations applicable to any offense under this chapter—
1. involving fraud or attempted fraud against the Aksum Imperium or any agency thereof in any manner, whether by conspiracy or not;
2. committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the Aksum Imperium; or
3. committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency;
4. is suspended until three years after the termination of hostilities as proclaimed by the Sovereign.
5. If charges or specifications are dismissed or insufficient for any cause and the period prescribed by the applicable statute of limitations—
  1. has expired; or

will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) are met.

The conditions referred to in paragraph (1) are that the new charges and specifications must—
1. be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after dismissal of the charges or specifications; and
2. allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications).

ART. 44. FORMER JEOPARDY

No person may, without one’s consent, be tried a second time for the same offense.
No proceeding in which the accused has been found guilty by court- martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.

ART. 45. PLEAS OF THE ACCUSED

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 they has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if they fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though they had pleaded not guilty.
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 Marshal concurrence, be entered immediately whither 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.

ART. 46. OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE

The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Grand Marshal may prescribe. Process issued in court- martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the Aksum Imperium having criminal jurisdiction may lawfully issue and shall run to any part of the Aksum Imperium, or the Protectorate Worlds and Administrative Regions.

ART. 47. REFUSAL TO APPEAR OR TESTIFY

Any person not subject to this who—
1. has been duly subpoenaed to appear as a witness before a court- martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
2. has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the Aksum Imperium; and
3. willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
is guilty of an offense against the Aksum Imperium.
Any person who commits an offense named in subsection (a) shall be tried on information in a Aksum Imperium district court or in a court of original criminal jurisdiction in any of the Protectorate Worlds or Administrative regions of the Aksum Imperium, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such person shall be punished by a fine of not more than $500, or imprisonment for not more than six months, or both.
The Aksum Imperium attorney or the officer prosecuting for the Aksum Imperium in any such court of original criminal jurisdiction shall, upon the certification of the facts to them by the military court, commission, court of inquiry, or board, file an information against and prosecute any person violating this article.
The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.

ART. 48. CONTEMPTS

A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of A$100 or both.

ART. 49. DEPOSITIONS

At any time after charges have been signed as provided in article 30, any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an attorney competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
Depositions may be taken before and authenticated by any military or civilian authorized by the laws of the Aksum Imperium or by the laws of the place where the deposition is taken to administer oaths.
A duly authenticated deposition taken upon reasonable notice to other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any military court or commission in any case not capital, or in any proceeding before a court of inquiry or military board, if it appears—
1. that the witness resides or is beyond the Ally, Protectorate, or Administrative Region in which the court, commission, or board is ordered to sit, or beyond 20 light-years from the place of trial or hearing;
2. that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, non amenability to process, or other reasonable cause is unable or refuses to appear and testify in person at the place of trial or hearing; or
3. that the present whereabouts of the witness is unknown.
Subject to subsection (d), a deposition may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence in any case in which the death penalty is authorized but is not mandatory, whenever the convening authority directs that the case be treated as not capital, and in such a case a sentence of death may not be adjudged by the court-martial.

ART. 50. ADMISSIBILITY OF RECORDS OF COURTS OF INQUIRY

In any case not capital and not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court- martial or military commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
such testimony may be read in evidence only by the defense in capital cases extending to the dismissal of a commissioned officer.
Such testimony may also be read in evidence before a court of inquiry or a military board.

ART. 50a. DEFENSE OF LACK OF MENTAL RESPONSIBILITY

It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge, or the Grand Marshal of the court-martial without a military judge, shall instruct the members of the court as to the defense of lack of mental responsibility under this section and shall charge them to find the accused—
1. guilty;
2. not guilty; or
3. not guilty only by reason of lack of mental responsibility.
Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused—
1. guilty;
2. not guilty; or
3. not guilty only by reason of lack of mental responsibility.
Notwithstanding the provision of article 52, the accused shall be found not guilty only by reason of lack of mental responsibility if—
1. a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
2. in the case of court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.

ART. 51. VOTING AND RULINGS

Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of lay or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the Grand Marshal upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the Grand Marshal or designee may change one’s ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in article 52, beginning with the junior in rank.
Before a vote is taken of the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them—
1. that the accused must be presumed to be innocent until one’s guilt is established by legal and competent evidence beyond reasonable doubt;
2. that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and they must be acquitted;
3. that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
4. that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the Aksum Imperium.
Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court- martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.

ART. 52. NUMBER OF VOTES REQUIRED

No person may be convicted of an offense for which the death penalty is made mandatory by law, except by the concurrence of all the members of the court-martial present at the time the vote is taken.
No person may be convicted of any other offense, except as provided in article 45(b) or by concurrence of two-thirds of the members present at the time the vote is taken.
No person may be sentenced to suffer death, except by the concurrence of all the members of the court-martial present at the time the vote is taken and for an offense in this chapter expressly made punishable by death.
No person may be sentenced by life imprisonment or to confinement for more than ten years, except by the concurrence of three-fourths of the members at the time the vote is taken.
All other sentences shall be determined by the concurrence of two- thirds of the members at the time the vote is taken.
All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused sanity. is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

ART. 53. COURT TO ANNOUNCE ACTION

A court-martial shall announce its findings and sentence to the parties as soon as determined.

ART. 54. RECORD OF TRIAL

Each general court-martial shall deep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of one’s death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of one’s death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under the subsection.
Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as the Grand Marshal may prescribe.
1. A complete record of the proceedings and testimony shall be prepared—
  1. in each general court-martial case in which the sentence adjudged includes death, a dismissal, a discharge, or (if the sentence adjudged does not include a discharge) or any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and
  2. in each special court-martial case in which the sentence includes a bad-conduct discharge.
2. In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the Grand Marshal.
A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.

Subchapter VIII. Sentences

ART. 55. CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED

Punishment by flogging, or by spacing, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited. Adjudgment of a death penalty is prohibited except in matters regarding violation of General Order 7.

ART. 56. MAXIMUM LIMITS

The punishment which a court-martial may direct for an offense may not exceed such limits as the Grand Marshal may prescribe for that offense.

ART. 57. EFFECTIVE DATE OF SENTENCES

No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).
Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
All other sentences of courts-martial are effective on the date ordered executed.
On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority, or, if the accused is no longer under one’s jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in one’s sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under one’s jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

ART. 58. EXECUTION OF CONFINEMENT

Under such instructions as the Marshal concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the Imperial Service or in any penal or correctional institution under the control of the Aksum Imperium, or which the Aksum Imperium may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the Imperial Service are subject to the same discipline and treatment as persons confined or committed by the courts of the Aksum Imperium or of the Member World, Protectorate World, Administrative Region, or place in which the institution is situated. The omission of the words “hard labor” from any sentence of a court- martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.

ART. 58a. SENTENCES: REDUCTION IN ENLISTED GRADE UPON APPROVAL

Unless otherwise provided in regulations to be prescribed by the Marshal concerned, a court-martial sentence of an enlisted member in rank above Petty Officer, 3rd Class, as approved by the convening authority, that includes—

a dishonorable or bad-conduct discharge;
confinement; or
hard labor without confinement;

reduces that member to rank of Petty Officer, 3rd Class, effective on the date of that approval.
If the sentence of a member who is reduced in rank under subsection (a) is set aside or disapproved, or, as finally approved does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which they was deprived because of that reduction shall be restored to them and they are entitled to the pay and allowances to which they would have been entitled for the period the reduction was in effect, had they not been so reduced.

Subchapter IX. Post-Trial Procedure and Review of Courts Martial

ART. 59. ERROR OF LAW; LESSER INCLUDED OFFENSE

A finding or sentence of 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.
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.

ART. 60. ACTION BY THE CONVENING AUTHORITY

The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.
1. the accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Except in a summary court- martial case, such a submission shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d). In a summary court-martial case, such submission shall be made within seven days after the sentence is announced.
2. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under paragraph (1) for not more than an additional 20 days.
3. In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1).
4. The accused may waive one’s right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.
5. The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. Under regulations of the Marshal concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
6. Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Marshal concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in one’s sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.
7. Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in one’s sole discretion, may—
  1. dismiss any charge or specification by setting aside a finding of guilty thereto; or
  2. change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
Before acting under this section on any general court- martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of one’s staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to one’s staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the preparation of one’s recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as the Grand Marshal may prescribe by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.
1. The convening authority or other person taking action under this section, in one’s sole discretion, may order a proceeding in revision or a rehearing.
2. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision—
  1. reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
  2. reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or
  3. increase the severity of some article of the sentence unless the sentence prescribed for the offense is mandatory.
3. A rehearing may be ordered by the convening authority or other person taking action under this section if they disapproves the findings and sentence and states the reasons for disapproval of the findings. If such a person disapproves the findings and sentence and does not order a rehearing, they shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taken action under this subsection disapproves the sentence.

ART. 61. WAIVER OR WITHDRAWAL OF APPEAL

In each case subject to appellate review under article 66 or 69(a), except a case in which the sentence as approved under article 60(c) includes death, the accused may file with the convening authority a statement expressly waving the right of the accuse d to such review. Such a waiver shall be signed by both the accused and by defense counsel and must be filed within 10 days after the action under article 60(c) is served on the accused or on defense counsel. the convening authority or other person taking such action, for good cause, may extend the period for such filing by not more than 30 days.
Except in a case in which the sentence as approved under article 60(c)) includes death, the accused may withdraw an appeal at any time.
A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under article 66 or 69(a).

ART. 62. APPEAL BY THE PROSECUTOR

In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the Prosecutor may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specifications or which excludes evidence that is substantial proof of a fact material in the proceeding. However, the Prosecutor may not appeal an order or ruling that is, or amounts to, a finding of not guilty with respect to the charge or specification.
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the
An appeal under this section shall be forwarded by means prescribed under regulations of the Grand Marshal directly to the Court of Imperial Service Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Imperial Service Review may act only with respect to matters of law, notwithstanding article 66(c).
Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

ART. 63. REHEARINGS

Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court- martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which they was found not guilty by the first court-martial, and no sentence in excess of or more than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes one’s plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

ART. 64. REVIEW BY A JUDGE ADVOCATE

Each case in which there has been a finding of guilt that is not reviewed under article 66 or 69(a) shall be reviewed by a judge advocate under regulations of the Marshal concerned. A judge advocate may not review a case under this subsection if they have acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate’s review shall be in writing and shall contain the following:
1. Conclusions as to whether—
  1. the court had jurisdiction over the accused and the offense;
  2. the charge and specification stated an offense; and
  3. the sentence was within the limits prescribed as a matter of law.
2. A response to each allegation of error made in writing by the accused.
3. If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
4. The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if—
  1. the judge advocate who reviewed the case recommends corrective action;
  2. the sentence approved under section 860(c) of this title (article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or
  3. such action is otherwise required by regulations of the Marshal concerned.
  4. The person to whom the record of trial and related documents are sent under subsection (b) may—
    1. disapprove or approve the findings or sentence, in whole or in part;
    2. remit, commute, or suspend the sentence in whole or in part;
    3. except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
    4. dismiss the charges.
  5. If a rehearing is ordered by the convening authority finds a rehearing impracticable, they shall dismiss the charges.
  6. If the opinion of the judge advocate in the judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to Judge Advocate General for review under article 69(b).

ART. 65. DISPOSITION OF RECORDS

In a case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)) in which the right to such review is not waived, or an appeal is not withdrawn, under section 861 of this title (article 61), the record of trial and action thereon shall be transmitted to the Judge General for appropriate action.
Except as otherwise required by this chapter, all other records of trial and related documents shall be transmitted and disposed of as the Marshal may prescribe by regulation.

ART. 66. REVIEW BY Court of Imperial Service Review

Each Judge Advocate General shall establish a Court of Imperial Service Review which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court- martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (f). Any decision of a panel bay be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Imperial Service Review may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or the highest court of a Member World. The Judge Advocate General shall designate as trial counsel that appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence is substantial proof of a fact material in the proceeding.
An appeal under this section shall be diligently prosecuted by appellate Government counsel.
An appeal under this section shall be forwarded by a means prescribed under regulations of the Grand Marshal directly to the Court of Imperial Service Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Imperial Service Review may act only with respect to matters of law, notwithstanding section 666(c) of this title (article 66(c)).
Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purposed of delay with the knowledge that it was totally frivolous and without merit.

ART. 67. REVIEW BY THE Imperial Service Appeals Tribunal (I.S.A.T.)

The I.S.A.T. shall review the record in—
1. all cases in which the sentence, as affirmed by a Court of Imperial Service Review, extends to death;
2. all cases reviewed by a Court of Imperial Service Review which the Judge Advocate General orders sent to the I.S.A.T. for review; and
3. all cases reviewed by a Court of Imperial Service Review in which, upon petition of the accused and on good cause shown, the I.S.A.T. has granted review.
the accused may petition the I.S.A.T. for review of a decision of a Court of Imperial Service Review within 60 days from the earlier of —
1. the date on which the accused is notified of the decision of the Court of Imperial Service Review; or
2. the date on which a copy of the decision of the Court of Imperial Service Review, after being served on appellate counsel of record for the accused (if any), is deposited in the Aksum Imperium comm-mails for delivery by comm-mail to the accused at an address provided by the accused, or, if no such address has been provided by the accused, at the last address listed for the accused in one’s official service record. The I.S.A.T. shall act upon such a petition promptly in accordance with the rules of the court.
In any case reviewed by it, the I.S.A.T. may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Imperial Service Review. In a case which the Judge Advocate General orders sent to the I.S.A.T., that action need be taken only with respect to the issues raised by him. In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The I.S.A.T. shall take action only with respect to matters of law.
If the I.S.A.T. sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
After it has acted on a case, the I.S.A.T. may direct the Judge Advocate General to return the record to the Court of Imperial Service Review for further review in accordance with the decision of the Court. Otherwise, unless there is to be further action by the Grand Marshal or the Marshal concerned, the Judge Advocate General shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, they may dismiss the charges.

ART. 67a. REVIEW BY THE COUNCIL OF MAGISTRATES

Decisions of theImperial Service Appeals Tribunal are subject to review by the Council of Magistrates by writ of certiorari. The Council of Magistrates may not review by a writ of certiorari under this section any action of the I.S.A.T. in refusing to grant a petition for review.
The accused may petition the Council of Magistrates for a writ of certiorari without prepayment of fees and costs or security thereof and without filing the affidavit required.

ART. 68. BRANCH OFFICES

The Marshal concerned may direct the Judge Advocate General to establish a branch office with any command. The branch office shall be under an Assistant Judge Advocate General who, with the consent of the judge Advocate General, may establish a Court of Imperial Service Review with one or more panels. That Assistant Judge Advocate General and any Court of Imperial Service Review established by them may perform for that command under the general supervision of the Judge Advocate General, the respective duties which the Judge Advocate General and a Court of Imperial Service Review established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the Grand Marshal.

ART. 69. REVIEW IN THE OFFICE OF THE JUDGE ADVOCATE GENERAL

The record of trial in each general court-martial that is not otherwise reviewed under article 66 shall be examined in the office of the Judge Advocate General if there is a finding of guilty and the accused does not waive or withdraw one’s right to appellate review under article 61. If any part of the findings or sentence is found to be unsupported in law or if reassessment of the sentence is appropriate, the Judge Advocate General may modify or set aside the findings of sentence or both.
The findings or sentence, or both, in a court-martial case not reviewed under subsection (a) or under article 66 may be modified or set aside, in whole or in part, by the Judge Advocate General on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence. If such a case is considered upon application of the accused, the application must be filed in the office of the Judge Advocate General by the accused on or before the last day of the two-year period beginning on the date the sentence is approved under article 60(c), unless the accused establishes good cause for failure to file within that time.
If the Judge Advocate General sets aside the findings or sentence, they may, except when the setting aside is based on lace of sufficient evidence in the record to support the findings, order a rehearing. If they set aside the findings and sentence and do not order a rehearing, they shall order that the charges be dismissed. If the Judge Advocate General orders a rehearing by the convening authority finds a rehearing impractical, the convening authority shall dismiss the charges.
A Court of Imperial Service Review may review, under article 66—
1. any court-martial case which (A) is subject to action by the Judge Advocate General under this section, and (b) is sent to the Court of Imperial Service Review by order of the Judge Advocate General; and,
2. any action taken by the Judge Advocate General under this section in such case.
Notwithstanding article 66, in any case reviewed by a Court of Imperial Service Review under this section, the Court may take action only with respect to matters of law.

ART. 70. APPELLATE COUNSEL

The Judge Advocate General shall detail in one’s office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under article 27(b)(1).
Appellate Government counsel shall represent the Aksum Imperium before the Court of Imperial Service Review or the I.S.A.T. when directed to do so by the judge Advocate General. Appellate Government counsel may represent the Aksum Imperium before the Council of Magistrates in cases arising under this chapter when requested to do so by the Attorney General.
Appellate defense counsel shall represent the accused before the Court of Imperial Service Review, the I.S.A.T., or the Council of Magistrates—
1. when requested by the accused;
2. when the Aksum Imperium is represented by counsel; or
3. when the Judge Advocate General has sent the case to the I.S.A.T.
The accused has the right to be represented before the Court of Imperial Service Review, I.S.A.T., or the Council of Magistrates by civilian counsel if provided by him.
Imperial Service appellate counsel shall also perform such other functions in connection with the review of court-martial cases as the Judge Advocate General directs.

ART. 71. EXECUTION OF SENTENCE; SUSPENSION OF SENTENCE

If the sentence of the court-martial extends to death due to violation of a General Order that forbids an action on penalty of death, that part of the sentence providing for death may not be executed until approved by the Grand Marshal. In such a case, the Grand Marshal may commute, remit, or suspend the sentence, or any part thereof, as they see fit. That part of the sentence providing for the death penalty as described by a General Order may not be suspended.
If in the case of a commissioned officer, or cadet, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Marshal concerned or such Under Marshal of Assistant Marshal as may be designated by the Marshal concerned. In such a case, the Marshal, Under Marshal or Assistant Marshal, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as they see fit. In time of war or imperial emergency they may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six months thereafter.
1. If a sentence extends to death, dismissal, or dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, under article 61, that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to death or dismissal, approval under subsection (a) or (b), as appropriate). A judgment as to legality of the proceedings is final in such cases when review is completed by a Court of Imperial Service Review and—
  1. the time for the accused to file a petition for review by the Court of Imperial Service Appeals has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court;
  2. such a petition is rejected by the I.S.A.T.; or
  3. review is completed in accordance with the judgment of the I.S.AT. and—

a petition for a writ of certiorari is not filed within the time limits prescribed by the Council of Magistrates; such a petition is rejected by the Council of Magistrates; or review is otherwise completed in accordance with the judgment of the Council of Magistrates.

If a sentence extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under article 61, that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until review of the case by a judge advocate (and any action of that review) under article 64 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under article 60 when approved by hum under that section.

The convening authority or other person acting on the case under article 60 may suspend the execution of any sentence or part thereof, except a death sentence.

ART. 72. VACATION OF SUSPENSION

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 probationer shall be represented at the hearing by counsel if they so desire.
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 they vacate the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in article 71(c). The vacation of the suspension of a dismissal is not effective until approved by the Marshal concerned.
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.

ART. 73. PETITION FOR A NEW TRIAL

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Imperial Service Review or before the I.S.A.T., the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

ART. 74. REMISSION AND SUSPENSION

The Marshal concerned and, when designated by him, any Under Marshal, Assistant Marshal, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence prescribed by the Grand Marshal.
The Marshal concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

ART. 75. RESTORATION

Under such regulations as the Grand Marshal may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
If a previously executed sentence of dishonorable or bad- conduct discharge is not imposed on a new trial, the Marshal concerned shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of this enlistment.
If a previously executed sentence of dismissal in not imposed on a new trial, the Marshal concerned shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by the sentence may be re- appointed by the Grand Marshal alone to such commissioned grade and with such rank as in the opinion of the Grand Marshal that former officer would have attained had they not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Grand Marshal may direct. All time between the dismissal and reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.

ART. 76. FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES

The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts- martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martials and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the Aksum Imperium, subject only to action upon a petition for a new trial as provided in article 73 and to action by the Marshal concerned as provided in article 74, and the authority of the Grand Marshal.

ART. 76a. LEAVE REQUIRED TO BE TAKEN PENDING REVIEW OF CERTAIN COURT-MARTIAL CONVICTIONS

Under regulations prescribed by the Marshal concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence, as approved under article 60, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. the accused may be required to begin such leave on the date on which the sentence is approved under article 60 or at any time after such date, and such leave may be continued until the date which action under this subchapter is completed or may be terminated at any earlier time.

Subchapter X. Punitive Articles

ART. 77. PRINCIPALS

Any person punishable under this chapter who—
1. commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission or
2. causes an act to be done which if directly performed by them would be punishable by this chapter,
is a principal.

ART. 78. ACCESSORY AFTER THE FACT

Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent one’s apprehension, trial, or punishment shall be punished as a court-martial may direct.

ART. 79. CONVICTION OF LESSER OFFENSE

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

ART. 80. ATTEMPTS

An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

ART. 81. CONSPIRACY

Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

ART. 82. SOLICITATION

Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, they shall be punished as a court-martial may direct.
Any person subject to this chapter who solicits or advises another or others to commit an act or misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, they shall be punished as a court-martial may direct.

ART. 83. FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION

Any person who—
1. procures one’s own enlistment or appointment in the Imperial Service by knowingly false representation or deliberate concealment as to one’s qualifications for the enlistment or appointment and receives pay or allowances thereunder; or
2. procures one’s own separation from the Imperial Service by knowingly false representation or deliberate concealment as to one’s eligibility for that separation;
shall be punished as a court-martial may direct.

ART. 84. UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION

Any person subject to this chapter who effects an enlistment or appointment in or a separation from the Imperial Service of any person who is known to them to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

ART. 85. DESERTION

Any member of the Imperial Service who—
1. without authority goes or remains absent from one’s unit, organization, or place of duty with intent to remain away therefrom permanently;
2. quits one’s unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
3. without being regularly separated from one of the Imperial Service enlists or accepts an appointment in the same or another on of the Imperial Service without fully disclosing the fact that they has not been regularly separated, or enters any foreign armed service except when authorized by the Aksum Imperium; is guilty of desertion.

Any commissioned officer of the Imperial Service who, after tender of one’s resignation and before notice of its acceptance, quits one’s post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion. Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than life imprisonment, as a court-martial may direct.

ART. 86. ABSENCE WITHOUT LEAVE

Any member of the Imperial Service who, without authority—
1. fails to go to one’s appointed place of duty at the time prescribed;
2. goes from that place; or
3. absents themselves or remains absent from one’s unit, organization, or place of duty at which they are required to be at the time prescribed;
shall be punished as a court-martial may direct.

ART. 87. MISSING MOVEMENT

Any person subject to this chapter who through neglect or design misses the movement of a ship or unit with which they are required in the course of duty to move shall be punished as a court-martial may direct.

ART. 88. CONTEMPT TOWARD OFFICIALS

Any commissioned officer who uses contemptuous words against the Sovereign/Supreme Command, Grand Chancellor, an Archon, Grand Marshal, the Vice Grand Marshal, a member of an Imperial Legislative Body, the Marshal commanding a Component of the Imperial Service, the Viceroy or legislature of any System, Protectorate, or Administrative Region in which they are on duty or present shall be punished as a court-martial may direct.

ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER

Any person subject to this chapter who behaves with disrespect toward one’s superior commissioned officer shall be punished as a court-martial may direct.

ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.

Any person subject to this chapter who—
1. strikes one’s superior commissioned officer or draws or lifts up any weapon or offers any violence against them while they are in the execution of one’s officer; or
2. willfully disobeys a lawful command of one’s superior commissioned officer;
shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than life imprisonment, as a court-martial may direct.

ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER

Any warrant officer or enlisted member who—
1. strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of one’s office;
2. willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
3. treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of one’s office;
shall be punished as a court-martial may direct.

ART. 92. FAILURE TO OBEY ORDER OR REGULATION

Any person subject to this chapter who—
1. violates or fails to obey any lawful general order or regulation;
2. having knowledge of any other lawful order issued by any member of the Imperial Service, which it is one’s duty to obey, fails to obey the order; or
3. is derelict in the performance of one’s duties;
shall be punished as a court-martial may direct.

ART. 92a. EXCESSIVE VIOLATION OF GENERAL ORDER

Any person subject to this chapter who—
1. willingly violates a general order; or
2. coerces another person to violate a general order;
3. repeatedly violates any general order
knowing in full force of the existence of said general order shall be punished by death or dismemberment as allowed for by the statute.

ART. 93. CRUELTY AND MALTREATMENT

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to one’s orders shall be punished as a court-martial may direct.

ART. 94. MUTINY OR SEDITION

Any person subject to this chapter who—
1. with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do one’s duty or creates any violence or disturbance is guilty of mutiny;
2. with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;
3. fails to do one’s utmost to prevent and suppress a mutiny or sedition being committed in one’s presence, or fails to take all reasonable means to inform one’s superior commissioned officer or commanding officer of a mutiny or sedition which they knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by life imprisonment or such other punishment as a court- martial may direct.

ART. 95. RESISTANCE, BREACH OF ARREST, AND ESCAPE

Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from custody shall be punished as a court-martial may direct.

ART. 96. RELEASING PRISONER WITHOUT PROPER AUTHORITY

Any person subject to this chapter who, without proper authority, releases any prisoner committed to one’s charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

ART. 97. UNLAWFUL DETENTION

Any person subject to this chapter who, except as provided by law, arrests, or confines any person shall be punished as a court- martial may direct.

ART. 98. NONCOMPLIANCE WITH PROCEDURAL RULES

Any person subject to this chapter who—
1. is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
2. knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court-martial may direct.

ART. 99. MISBEHAVIOR BEFORE THE ENEMY

Any person subject to this chapter who before or in the presence of the enemy—
1. runs away;
2. shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is one’s duty to defend;
3. through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
4. casts away one’s arms or ammunition;
5. is guilty of cowardly conduct;
6. quits one’s place of duty to plunder or pillage;
7. causes false alarms in any command, unit, or place under control of the Imperial Service;
8. willfully fails to do one’s utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, or any other thing, which it is one’s duty so to encounter, engage, capture, or destroy; or
9. does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the Imperial Service belonging to the Aksum Imperium or their allies when engaged in battle;
shall be punished by life imprisonment or such punishment as a court- martial may direct.

ART. 100. SUBORDINATE COMPELLING SURRENDER

Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, or military property, or of any body of members of the Imperial Service, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished by life imprisonment or such other punishment as a court-martial may direct.

ART. 101. IMPROPER USE OF COUNTERSIGN

Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to one’s knowledge, they was authorized and required to give, shall be punished by life imprisonment or such other punishment as a court- martial may direct.

ART. 102. FORCING A SAFEGUARD

Any person subject to this chapter forcing a safeguard shall suffer life imprisonment or such other punishment as a court-martial may direct.

ART. 103. CAPTURED OR ABANDONED PROPERTY

All persons subject to this chapter will secure all public property taken from the enemy for the service of the Aksum Imperium, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
Any person subject to this chapter who—
1. fails to carry out the duties prescribed in subsection (a);
2. buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby they receives or expects any profit, benefit, or a advantage to themselves or another directly or indirectly connected with themselves; or
3. engages in looting or pillaging;
shall be punished as a court-martial may direct.

ART. 104. AIDING THE ENEMY

Any person who—
1. aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
2. without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer life imprisonment or such other punishment as a court-martial or military commission may direct.

ART 105. MISCONDUCT AS PRISONER

Any person subject to this chapter who, while in the hands of the enemy in time of war—
1. for the purpose of securing favorable treatment by one’s captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
2. while in a position of authority over such persons maltreat them without justifiable cause;
shall be punished as a court-martial may direct.

ART. 106. SPIES

Any person who in time of war is found lurking as a spy or acting as a spy in or about any place or vessel, within the control or jurisdiction of any of the Imperial Service, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the Aksum Imperium, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by life imprisonment.

ART. 106a. ESPIONAGE

Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the Aksum Imperium or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, any thing described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) classified weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by life imprisonment or such other punishment as a court- martial may direct.
An entity referred to in paragraph (1) is—
1. a foreign government;
2. a faction or party or military force within a foreign country, whether recognized or unrecognized by the Aksum Imperium
3. a representative, officer, agent, employee, subject, or citizen of such government, faction, party, or force.
A thing refereed to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance or information relating to the national defense.
No person may be sentenced by court-martial to suffer life imprisonment for an offense under this section (article) unless—
1. the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and
2. the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c).
Findings under this subsection may be based on—

evidence introduced on the issue of guilt or innocence; evidence introduced during the sentencing proceeding; or all such evidence.

The accused shall be given broad latitude to present matters in extenuation and mitigation.
A sentence of life imprisonment may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:
1. The accused has been convicted of another offense involving espionage or treason for which a sentence of imprisonment for life was authorized by statute.
2. In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.
3. In the commission of the offense, the accused knowingly created a grave risk of death to another person.
4. Any other factor that may be prescribed by the Grand Marshal by regulations under Article 36.

ART. 107. FALSE STATEMENTS

Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.

ART. 108. IMPERIAL SERVICE PROPERTY OF THE AKSUM IMPERIUM-LOSS, DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION

Any person subject to this chapter who, without proper authority—
1. sells or otherwise disposes of;
2. willfully ore through neglect damages, destroys, or loses; or
3. willfully or through neglect suffers to be lost, damaged, sold, or wrongfully disposed of;
any Imperial Service property of the Aksum Imperium, shall be punished as a court-martial may direct.

ART. 109. PROPERTY OTHER THAN IMPERIAL SERVICE PROPERTY OF AKSUM IMPERIUM - WASTE, SPOILAGE, OR DESTRUCTION

Any person subject to this chapter who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the Aksum Imperium shall be punished as a court-martial may direct.

ART 110. IMPROPER HAZARDING OF VESSEL

Any person subject to this chapter who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Imperial Service shall suffer life imprisonment or such punishment as a court- martial may direct.
Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel of the Imperial Service shall be punished as a court-martial may direct.

ART. 111. DRUNKEN OR RECKLESS VEHICLE OPERATION

Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manner, or while impaired by a substance described in article 112a(b), shall be punished as a court-martial may direct.

ART. 112. DRUNK ON DUTY

Any person subject to this chapter other than a sentinel or look-out, who is found drunk on duty, shall be punished as a court-martial may direct.

ART. 112a. WRONGFUL USE, POSSESSION, ETC., OF CONTROLLED SUBSTANCES

Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the Aksum Imperium, exports form the Aksum Imperium, or introduces into an installation, vessel, or vehicle used by or under the control of the Imperial Service a substance described in subsection (b) shall be punished as a court-martial may direct.
The substances referred to in subsection (a) are the following:
1. opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, felicium, tricordrazine, and marijuana, and any compound or derivative of any such substance.
2. Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the Grand Marshal for the purposes of this article.
3. Any other substance not specified in clause (1) or contained on a list prescribed by the Grand Marshal

ART. 113. MISBEHAVIOR OF A SENTINEL OR LOOKOUT

Any sentinel or look-out who is found drunk or sleeping upon one’s post, or leaves it before they are regularly relieved, shall be punished, if the offense is committed in time of war, by life imprisonment or such other punishment as a court-martial may direct, by if the offense is committed at any other time, by such punishment other than life imprisonment as court-martial may direct.

ART. 114. DUELING

Any person subject to this chapter who is not exempted in subsection (c), and who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
Non-exempted races are forbidden to engage in, or promote, dueling as determined by the conditions set in subsection (a) while on active duty in either the Imperial Service or an Imperial agency governed by these chapters.
Exemptions as mentioned above in subsection (a) are the following:
1. The leader or champion of a warring party opposing Imperial Forces, in order to end the battle and limit casualties
2. Any representative of a nation which requires ritual combat for ceremonial purposes.
3. Any recently encountered nation with whom diplomatic relations have yet to be established, or whose culture has yet to be fully understood.

ART 115. MALINGERING

Any person subject to this chapter who for the purpose of avoiding work, duty, or service—
1. feigns illness, physical disablement, mental lapse or derangement; or
2. intentionally inflects self-injury;
shall be punished as a court-martial may direct.

ART. 116. RIOT OR BREACH OF PEACE

Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court- martial may direct.

ART. 117. PROVOKING SPEECHES OR GESTURES

Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.

ART. 118. MURDER

Any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he—
1. has a premeditated design to kill;
2. intends to kill or inflict great bodily harm;
3. is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
4. is engaged in the perpetration or attempted perpetration of burglary, rape, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (A) or (D), they shall suffer imprisonment for life as a court-martial may direct.

ART. 119. MANSLAUGHTER

Any person subject to this chapter who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court- martial may direct.
Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being—

by culpable negligence; or while perpetrating or attempting to perpetrate an offense, other than those named in clause (D) of article 118, directly affecting the person;

is guilty of involuntary manslaughter and shall be punished as a court-martial may direct.

ART. 120. RAPE AND CARNAL KNOWLEDGE

Any person subject to this chapter who commits an act of sexual intercourse with any other person, by force and without consent, is guilty of rape and shall be punished by life imprisonment or such other punishment as a court-martial may direct.
Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with any other person who has not attained the age of sixteen standard years, is guilty of carnal knowledge and shall be punished as a court-martial may direct.
Penetration, however slight, is sufficient to complete either of these offenses.

ART. 121. LARCENY AND WRONGFUL APPROPRIATION

Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind—
1. with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to one’s own use or the use of any person other than the owner, steals that property and is guilty of larceny; or
2. with intent to temporarily deprive or defraud another person of the use and benefit of property or to appropriate to one’s own use the use of any person other than the owner, is guilty of wrongful appropriation.
Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

ART. 122. ROBBERY

Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against one’s will, by means of force or violence or fear of immediate or future injury to one’s person or property or to the person or property of a relative or member of one’s family or of anyone in one’s company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.

ART. 123. FORGERY

Any person subject to this chapter who, with intent to defraud—
1. falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change one’s legal right or liability to one’s prejudice; or
2. utters, offers, issues, or transfers such a writing, known by them to be so made or altered;
is guilty of forgery and shall be punished as a court-martial may direct.

ART. 124. MAIMING

Any person subject to this chapter who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which—
1. seriously disfigures one’s person by a mutilation thereof;
2. destroys or disables any member or organ of one’s body; or
3. seriously diminishes one’s physical vigor by the injury of any member or organ;
is guilty of maiming and shall be punished as a court-martial may direct.

ART. 125. GENETIC ENGINEERING

Any person subject to this chapter who engages in or solicits unnatural genetic selection, manipulation, or resequencing of themselves or another person for the purposes of—
1. heightening the natural abilities of said person;
2. the creation of a “genetically pure” race of beings; or
3. to introduce a biologically enhanced weapon, virus, or other artificially engineered creation into the natural ecosystem of any Ally, Protectorate, or Administrative Region;
4. bypassing a law or procedure
5. gain unwarranted information or support
is guilty of genetic engineering and shall be punished by life imprisonment or such other punishment as a court-martial may direct.
Any person subject to this chapter on active or inactive duty with the Imperial Service or any other Imperial agency found to have been involved in the initiation of, action of, reception of, or solicitation of genetic engineering will be summarily discharged from their duties and shall be punished by life imprisonment or such other punishment as a court-martial may direct.

ART. 126. ARSON

Any person subject to this chapter who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a being, is guilty of aggravated arson and shall be punished as a court-martial may direct.
Any person subject to this chapter who willfully and maliciously burns or sets fire to the property of another, except as provided in subsection (a), is guilty of simple arson and shall be punished as a court-martial may direct.

ART. 127. EXTORTION

Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

ART. 128. ASSAULT

Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
Any person subject to this chapter who—
1. commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or
2. commits an assault and intentionally inflicts grievous bodily harm with or without a weapon;
is guilty of aggravated assault and shall be punished as a court-martial may direct.

ART. 129. BURGLARY

Any person subject to this chapter who, with intent to commit an offense punishable under section 918-929 of this title (article 118-128), breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.

ART. 130. HOUSEBREAKING

Any person subject to this chapter who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a court-martial may direct.

ART. 131. PERJURY

Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly—
1. upon a lawful oath or in a form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or
2. in any declaration, certificate, verification, or statement under penalty or perjury as permitted under the Imperial Judicial Code, subscribes any false statement material to the issue or matter of inquiry;
is guilty of perjury and shall be punished as a court-martial may direct.

ART. 132. FRAUD AGAINST THE AKSUM IMPERIUM

Any person subject to this chapter—
1. who, knowing it to be false or fraudulent—
  1. makes any claim against the Aksum Imperium or any officer thereof; or
  2. presents to any person in the civil or military service thereof, for approval or payment, any claim against the Aksum Imperium or any officer thereof;
2. who, for the purpose of obtaining the approval, allowance, or payment of any claim against the Aksum Imperium or any officer thereof
  1. makes or uses any writing or other paper knowing it to contain false or fraudulent statements;
  2. makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
  3. forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
3. who, having charge, possession, custody, or control of any funds, or other property or the Aksum Imperium, furnished or intended for the Imperial Service thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which they receives a certificate or receipt; or
4. who, being authorized to make or deliver any paper certifying the receipt of any property of the Aksum Imperium furnished or intended for the Imperial Service thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the Aksum Imperium;
shall, upon conviction, be punished as a court-martial may direct.

ART. 133. CONDUCT UNBECOMING AN OFFICER

Any commissioned officer, or cadet, who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct.

ART. 134. GENERAL ARTICLE

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the Imperial Service, all conduct of a nature to bring discredit upon the Imperial Service, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. Subchapter XI. Miscellaneous Provisions

ART. 135. COURTS OF INQUIRY

Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Marshal concerned for that purpose, whether or not the persons involved have requested such an inquiry.
A court of inquiry consists of three or more commissioned officers and one enlisted member. For each court of inquiry the convening authority shall also appoint counsel for the court.
Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. Any person subject to this chapter or employed by the Imperial Service who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross- examine witnesses, and to introduce evidence.
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

ART. 136. AUTHORITY TO ADMINISTER OATHS AND ACT AS NOTARY

The following persons on active duty or performing inactive-duty training may administer oaths for the purpose of military administration, including military justice, and have the general powers of a notary public and of a consul of the Aksum Imperium, in the performance of all notarial acts to be executed by members of any of the armed forces, wherever they may be, by persons serving with, employed by, or accompanying the armed forces outside the Aksum Imperium, and by other persons subject to this chapter outside the Imperium.
1. All judge advocates.
2. All summary courts-martial.
3. All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.
4. All commanding officers of the Imperial Service.
5. All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.
6. All other persons designated by regulations of the Imperial Services or by statute.,
The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:
1. The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.
2. The president and counsel for the court of any court of inquiry.
3. All officers designated to take a deposition.
4. All persons detailed to conduct an investigation.
5. All recruiting officers.
6. All other persons designated by regulations of the Imperial Services or by statute.
No fee may be paid to or received by any person for the performance of any notarial act herein authorized.
The signature without seal of any such person acting as notary, together with the title of one’s office, is prima facie evidence of one’s authority.

ART. 137. ARTICLES TO BE EXPLAINED

The sections of this title (articles of the Imperial Service Code of Justice) specified in paragraph (III) shall be carefully explained to each enlisted member at the time of (or within six days after)—
1. the member’s initial entrance on active duty; or
2. the member’s initial entrance into a duty status with a reserve component.
Such sections (articles) shall be explained again—

after the member has completed six months of active duty or, in the case of a member of a reserve component, after the member has completed basic or recruiting training; and at the time when the member reenlists.

This subsection applies with respect to articles 2, 3, 7-15, 25, 27, 31, 38, 55, 77-134, and 137-139.
The text of the Imperial Service Code of Justice and of the regulations prescribed by the Sovereign under such Code shall be made available to a member on active duty or to a member of a reserve component, upon request by the member, for the member’s personal examination.

ART. 138. COMPLAINTS OF WRONGS

Any member of the Imperial Services who believes himself wronged by one’s commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall foreword the complaint to the office exercising court- martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and they shall, as soon as possible, send to the Marshal concerned a true statement of that complaint, with the proceedings thereon.

ART. 139. REDRESS OF INJURIES TO PROPERTY

Whenever a complaint is made to any commanding officer that willful damage has been done to the property of any person or that one’s property has been wrongfully taken by members of the armed forces, they may, under such regulations as the Marshal concerned may prescribe, convene an board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of investigation, it has the power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by them shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the payment by them to the injured parties of the damages as assessed and approved.
If the offenders cannot be ascertained, but organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.

ART. 140. DELEGATION BY THE SOVEREIGN

The Sovereign may delegate any authority vested in them under this chapter, and provide for sub delegation of any such authority.

Subchapter XII. Imperial Service Appeals Tribunal

ART. 141. STATUS

There is a court of record known as the Imperial Service Appeals Tribunal or I.S.A.T. The court is established under the Imperial Charter. The court is located for administrative purposes only in the Imperial Service

ART. 142. JUDGES

NUMBER. The Imperial Service Appeals Tribunal consists of five judges.
APPOINTMENT; QUALIFICATION.
1. Each judge of the court shall be appointed by the Grand Marshal, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e).
2. The term of a judge shall be determined at the time of appointment
3. Not more than three of the judges may be appointed from the same System, and no person may be appointed to be judge of the court unless the person has been recognized by the Barristers Council..
REMOVAL. Judges of the court may be removed from office by the Grand Marshal, upon notice and hearing, for—
1. neglect of duty;
2. misconduct; or
3. mental or physical disability.
A judge may not be removed by the Grand Marshal for any other cause.
PAY AND ALLOWANCES. Each judge of the court is entitled to the same salary and travel allowances as are, and from the time may be, provided for judges of the Aksum Imperium Courts of Appeals.
SENIOR JUDGES.
1. A former judge of the court who is recognized as such.
  1. The chief judge of the court may call upon a senior judge of the court, with the consent of the senior judge, to perform judicial duties with the court—
    1. during a period a judge of the court is unable to perform one’s duties because of illness or other disability;
    2. during a period in which a position of judge of the court is vacant; or
    3. in any case in which a judge of the court recused himself.
  2. A senior judge shall be paid for each day on which they perform judicial duties with the court an amount equal to the daily equivalent of the annual rate of pay provided for a judge of the court.
2. A senior judge, while performing duties referred to in paragraph (2), shall be provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled to the per diem, travel allowances, and other allowances provided for judges of the court.
3. A senior judge shall be considered to be an officer or employee of the Aksum Imperium with respect to one’s status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (2). For the purposes of section 205 of title 18, a senior judge shall be considered to be a special Government employee during such periods. Any provision of law that prohibits or limits the political or business activities of an employee of the Aksum Imperium shall apply to a senior judge only during such periods.
4. The court shall prescribe rules for the use and conduct of senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the Council of Magistrates, not later than 15 days after the issuance of such rules or amendments, as the case may be.
SERVICE OF ARTICLE III JUDGES.
1. the Chief Magistrate of the Aksum Imperium, upon the request of the chief judge of the court, may designate a judge of a Aksum Imperium court of appeals or of a Aksum Imperium district court to perform the duties of judge of the Aksum Imperium I.S.A.T.—
  1. during a period a judge of the court is unable to perform one’s duties because of illness or other disability; or
  2. in any case in which a judge of the court recuses himself.
2. A designation under paragraph (1) may be made only with the consent of the designated judge and the concurrence of the chief judge of the court of appeals or district court concerned.
3. Per diem, travel allowances, and other allowances paid to the designated judge in connection with the performance of duties for the court shall be paid from funds available for the payment of per diem and such allowances for judges of the court.
EFFECT OF VACANCY ON COURT. A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.

ART. 143. ORGANIZATION AND EMPLOYEES

CHIEF JUDGE. The Grand Marshal shall designate from time to time one of the judges of theImperial Service Appeals Tribunal to be chief judge of the court.
PRECEDENCE OF JUDGES. The chief judge of the court shall have precedence and preside at any session that they attend. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.
STATUS OF ATTORNEY POSITIONS.
1. Attorney positions of employment under the I.S.A.T. are exempted from the competitive service. Appointments to such positions shall be made by the court, without the concurrence of any other officer or employee of the executive branch, as in the same manner as appointments are made to other executive branch positions of a confidential or policy- determining character for which it is not practicable to examine or hold a competitive examination. such positions shall not be counted as positions of that character for purposes of any limitation on the number of positions of that character provided in law.
2. In making selections, preference shall be given to those most qualified.

ART. 144. PROCEDURE

The Imperial Service Appeals Tribunal may prescribe its rules of procedure and may determine the number of judges required to constitute a quorum.

ART. 145. CODE COMMITTEE

ANNUAL SURVEY. A committee shall meet at least annually and shall make an annual comprehensive survey of the operation of this chapter.
COMPOSITION OF COMMITTEE. the committee shall consist of—
1. the judges of the Imperial Service Appeals Tribunal;
2. the Judge Advocate General of the Imperial Service; and
3. two members of the public appointed by the Grand Chancellor and Grand Marshal.
REPORTS.
1. After each such survey, the committee shall submit a report—
  1. To the Imperial Security Council; and
  2. Any recommendation of the committee relating to—
    1. uniformity of policies as to sentences;
    2. amendments to this chapter; and
    3. any other matter the committee considers appropriate.
QUALIFICATION AND TERMS OF APPOINTED MEMBERS. Each member of the committee appointed by the Grand Chancellor and Grand Marshal under subsection (B)(3) shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years.