51 Pa.C.S. Ch. 57

51 Pa.C.S. Ch. 57
in effect

51 Pa.C.S. § 5701 Governor and department may prescribe rules.

(a) General rule.--Pretrial, trial and posttrial procedures, including modes of proof, in court-martial cases arising under this part and for courts of inquiry may be prescribed by the Governor or the department as delegated by the Governor, by regulations, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in courts-martial of the armed forces but which shall not be contrary to or inconsistent with this part. (b) Uniformity.--All rules and regulations made pursuant to the provisions of this section shall be uniform insofar as practicable among the State military forces. Cross References. Section 5701 is referred to in sections 5703, 5704 of this title.

51 Pa.C.S. § 5702 Unlawfully influencing action of court.

(a) General rule.--No authority convening a general, special or summary court-martial nor any other commanding officer or officer serving on the staff thereof shall 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 exercise of its or his functions in the conduct of the proceedings. No person subject to this part may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry 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 his judicial acts. (b) Exceptions.--Subsection (a) shall not apply with respect to any of the following: (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. (2) Statements and instructions given in open court by the military judge, summary court-martial officer or counsel. (c) Performance reports on members and counsel.--In the preparation of an effectiveness, fitness or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the State military forces is qualified to be advanced in grade, in determining the assignment or transfer of a member of the State military forces or in determining whether a member of the State military forces should be retained on active status, no person subject to this part may, in preparing any such report: (1) consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or (2) give a less favorable rating or evaluation of any counsel because of the zeal with which counsel represented the accused before a court-martial.

51 Pa.C.S. § 5703 Duties of trial counsel and defense counsel.

(a) Trial counsel.--The trial counsel of a general or special court-martial shall prosecute in the name of the Commonwealth and shall, under the direction of the court, prepare the record of the proceedings. (b) Defense counsel.-- (1) The accused has the right to be represented in his defense before a general or special court-martial or at an investigation under section 5603 (relating to investigation). The accused may be represented by civilian counsel at the provision and expense of the accused or may be represented by military counsel of his own selection if reasonably available or by the defense counsel appointed under section 5506 (relating to appointment of trial counsel and defense counsel). (2) Should the accused have civilian counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were detailed shall act as associate counsel unless excused at the request of the accused. (3) Except as provided under paragraph (4), should the accused have military counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were detailed may be excused by the military judge. (4) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 5701 (relating to Governor and department may prescribe rules) may prescribe rules to detail counsel and may do any of the following: (i) Detail additional military counsel as assistant defense counsel. (ii) If the accused is represented by military counsel of the accused's own selection, approve a request from the accused that military counsel detailed to the accused act as associate defense counsel. (5) The State Judge Advocate of the same force of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available. (c) Brief by defense counsel.--In any court-martial proceeding resulting in a conviction, the defense counsel may forward for attachment to the record of proceedings a brief of such matters he determines should be considered, on behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate. (d) Assistant trial counsel.--An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or if he is qualified to be a trial counsel under section 5506, 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. (e) Assistant defense counsel.--An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or if he is qualified to be the defense counsel under section 5506, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.

51 Pa.C.S. § 5704 Sessions.

(a) Proceedings in absence of members.--At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 5606 (relating to service of charges), 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 section, whether or not the matter is appropriate for later consideration or decision by the members of the court; (3) 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 part or under rules prescribed pursuant to section 5701 (relating to Governor and department may prescribe rules) 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 a part of the record. These proceedings may be conducted notwithstanding the number of court members and without regard to the provisions of section 5508 (relating to absent and additional members). (b) Other proceedings.--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 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 the military judge. Cross References. Section 5704 is referred to in section 5504 of this title.

51 Pa.C.S. § 5705 Continuances.

The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

51 Pa.C.S. § 5706 Challenges.

(a) Challenges for cause.--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 shall determine the relevancy and validity of challenges for cause and shall 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. If exercise of a challenge for cause reduces the court below the minimum number of members required by section 5401 (relating to courts-martial classified), the parties shall, notwithstanding section 5508 (relating to absent and additional members), exercise or waive any challenge for cause against the remaining members of the court before additional members are detailed to the court. (b) Preemptory challenges.--Each accused and the trial counsel are entitled to one initial peremptory challenge of members of the court. The military judge may not be challenged except for cause. When new members are detailed to the court to meet the minimum number of members required by section 5401 and after any challenges for cause against the new members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

51 Pa.C.S. § 5707 Oaths or affirmations.

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

51 Pa.C.S. § 5708 Statute of limitations.

(a) Two-year limitation.--Except as otherwise provided in this part, a person subject to this part charged with any offense shall not be liable to be tried by court-martial or punished under section 5301 (relating to commanding officer's nonjudicial punishment) if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of nonjudicial punishment under section 5301. (b) Computation of period of limitation.--The following shall be excluded in computing the period of limitation prescribed in this section: (1) Periods in which the accused was absent without authority or fleeing from justice. (2) Periods in which the accused was absent from territory in which the Commonwealth has the authority to apprehend him or in the custody of civil authorities or in the hands of the enemy. (3) When the United States is at war, periods during war and until two years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress, when the accused commits any offense: (i) involving fraud or attempted fraud against the United States, the Commonwealth or any agency thereof in any manner, whether by conspiracy or not; (ii) in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or the Commonwealth; or (iii) 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. (c) Subsequent action not barred.--If charges or specifications are dismissed before trial as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal, trial and punishment under new charges and specifications are not barred by the statute of limitations if the new charges and specifications: (1) are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and (2) allege the same acts or omissions that were included in the dismissed charges or specifications. Cross References. Section 5708 is referred to in section 5105 of this title.

51 Pa.C.S. § 5709 Former jeopardy.

(a) General rule.--No person subject to this part shall, without the person's consent, be tried a second time for the same offense. Prosecution under this part shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction. (b) Definition of trial.--No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. However, a proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on 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 section.

51 Pa.C.S. § 5710 Pleas of the accused.

(a) Inadequacy or lack of pleading.--A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if, after arraignment before a court martial: (1) an accused makes an irregular pleading; (2) after a plea of guilty an accused sets up matter inconsistent with the plea; (3) it appears that an accused has entered a plea of guilty improvidently or through lack of understanding or its meaning and effect; or (4) an accused fails or refuses to plead. (b) Plea of guilty.--With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without 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. Cross References. Section 5710 is referred to in section 5717 of this title.

51 Pa.C.S. § 5711 Opportunity to obtain witnesses and other evidence.

(a) General rule.--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 Governor or department may prescribe. (b) Issuance of process.--The following shall apply to issuance of process: (1) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, unless contrary to or inconsistent with this part. (2) If process in paragraph (1) is contrary or inconsistent with this part, process shall be similar to that which the courts of this Commonwealth having criminal jurisdiction may lawfully issue and shall run to any part of the Commonwealth and to any other state, territory or district of possession in which the court-martial may be sitting. (3) If process in paragraphs (1) and (2) are contrary to or inconsistent with this part, process may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States.

51 Pa.C.S. § 5712 Refusal to appear or testify.

Any person not subject to this part who has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such a court, who has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the State and who willfully neglects or refuses to appear, refuses to qualify as a witness, refuses to testify or refuses to produce any evidence which that person may have been legally subpoenaed to produce is guilty of an offense and may be punished by the military court in the same manner as a criminal court of the Commonwealth.

51 Pa.C.S. § 5713 Contempts.

A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign or gesture in his presence or who disturbs proceedings by any riot or disorder. The following punishments shall apply: (1) A person subject to this part may be punished for contempt by confinement not to exceed 30 days or a fine of $100, or both. (2) A person not subject to this part may be punished for contempt by a military court in the same manner used by a criminal court of the jurisdiction.

51 Pa.C.S. § 5714 Depositions.

(a) General rule.--At any time after charges have been signed, as provided in section 5601 (relating to charges and specifications), any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. (b) Notice of taking deposition.--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. (c) Persons authorized to take depositions.--Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of this Commonwealth or by the laws of the place where the deposition is taken to administer oaths. (d) Admissibility in evidence.--A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file or similar material, may be played in evidence before any military court if it appears: (1) that the witness resides or is beyond the state in which the court is ordered to sit or beyond 100 miles from the place of trial or hearing; (2) that the witness, by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability 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.

51 Pa.C.S. § 5715 Admissibility of records of courts of inquiry.

(a) Court-martial.--In any case 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 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. (b) Use of testimony by defense.--Such testimony may be read in evidence only by the defense in cases extending to dismissal or dishonorable discharge of a commissioned officer. (c) Court of inquiry.--Such testimony may also be read in evidence before a court of inquiry by either party.

51 Pa.C.S. § 5716 Voting and rulings.

(a) Findings, sentences and challenges.--Voting by members of a general or special court-martial on the findings and on the sentence 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. (b) Questions of law and interlocutory questions.--The 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 law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the 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 section 5717 (relating to number of votes required), beginning with the junior in rank. (c) Instructions to members of court.--Before a vote is taken on the findings, the 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 his 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 the accused shall be acquitted; (3) that, if there is a 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 reasonable doubt is upon the prosecution. (d) Proceedings before military judge only.--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.

51 Pa.C.S. § 5717 Number of votes required.

(a) Conviction.--No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of accused) or by the concurrence of two-thirds of the members present at the time the vote is taken. (b) Other matters.--All other matters 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 relating to the accused's sanity is a determination against the accused. A tie vote on any other matter is a determination in favor of the accused. Cross References. Section 5717 is referred to in sections 5716, 5720 of this title.

51 Pa.C.S. § 5718 Court to announce action.

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

51 Pa.C.S. § 5719 Record of trial.

(a) General and special courts-martial.--Each general and special courts-martial shall keep 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 his 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 his death, disability or absence. In a court-martial consisting of only a military judge, if the record cannot be authenticated by the military judge by reason of his death, disability or absence, the record shall be authenticated by the signature of the court reporter. A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record shall contain such matters as the Governor or department may by regulation prescribe. (b) Summary court martial.--Each summary court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated in such manner as the Governor or department may by regulation prescribe. (c) Furnishing record to accused.--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.

51 Pa.C.S. § 5720 Defense of lack of mental responsibility.

(a) General rule.--It shall be 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. (b) Burden of proof.--The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. (c) Instructions or findings by military judge.--Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall: (1) in a court-martial not composed of only a military judge, instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused guilty, not guilty or not guilty only by reason of lack of mental responsibility; or (2) in a court-martial composed of only a military judge, find the accused guilty, not guilty or not guilty only by reason of lack of mental responsibility. (d) Finding of not guilty.--Notwithstanding section 5717 (relating to number of votes required), 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 a court-martial composed of only a military judge, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.

51 Pa.C.S. § 5721 Effect of finding of lack of mental capacity on trial proceedings.

(a) Mental incapacity generally.--When the accused is determined under this part to be suffering from a mental disease or defect rendering him mentally incompetent such that he is unable to understand the nature of the proceedings against him or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority for the accused shall commit him to the custody of an agency or facility providing services to persons with such a disease or defect. (b) Agency or facility action.--The agency or facility providing services shall take action in accordance with the jurisdictional laws applicable to persons incompetent to stand trial. If, at the end of the period for hospitalization, it is determined that the accused's mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with the law of the jurisdiction. (c) Recovery of accused.--When the director of a facility in which the accused is hospitalized determines that the accused has recovered to such an extent that he is able to understand the nature of the proceedings against him and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the general court-martial convening authority for the accused. The director shall send a copy of the notification to the defense counsel for the accused. (d) Receipt of notification of competence.--Upon receipt of a notification transmitted under subsection (c), the general court-martial convening authority shall promptly take custody of the accused unless he is no longer subject to this part. If the accused is no longer subject to this part, the agency or facility with custody of the accused shall take such action as authorized by law of the jurisdiction. The director of the facility may retain custody of the accused for not more than 30 days after transmitting the notifications required under subsection (c). (e) Court ordering commitment.--In the application of jurisdictional law applicable to persons incompetent to stand trial, references to the court that ordered the commitment of a person and to the clerk of such court shall be deemed to refer to the general court-martial convening authority for the accused. However, if the accused is no longer subject to this part, the State trial court with felony jurisdiction in the county where the accused is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the accused.

51 Pa.C.S. § 5722 Trial finding of lack of mental responsibility.

(a) Finding of lack of mental responsibility generally.--If an accused is found by a court-martial not guilty only by reason of lack of mental responsibility, the accused shall be committed to a suitable facility until he is eligible for release in accordance with this section. (b) Hearing required.--The court-martial shall conduct a hearing on the mental condition of the accused in accordance with the jurisdictional law applicable to persons incompetent to stand trial. A report of the results of the hearing shall be made to the general court-martial convening authority for the accused. (c) Failure to find accused incompetent.--If the court-martial fails to find that the release of the accused would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a mental disease or defect of the accused, the following shall take place: (1) the general court-martial convening authority shall commit the accused to the custody of an agency or facility authorized to provide services to such persons; and (2) the agency or facility with custody of the accused shall take action in accordance with the jurisdictional law applicable to persons incompetent to stand trial. (d) Status change of accused while in custody.--If the status of an accused changes while the accused is in the custody of a Commonwealth agency, hospitalized or on conditional release under a prescribed regimen of medical, psychiatric or psychological care or treatment so that the accused is no longer subject to this part, the agency or facility with custody of action shall be taken in accordance with the jurisdictional law.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026

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