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European Patent Convention - This area contains legal texts from the EPO, including the European Patent Convention, Ancillary regulations to. d'un décret ou d'une règle visée à l'article de la Constitution par le Conseil des Ministres, par le Gouvernement de communauté ou de Région, par les. provision of a statute, decree or rule referred to in Article of the Constitution which has been subsequently nullified by the Constitutional Court, or on a.
This short article protects military personnel from punishment before a trial, other than arrest or confinement.
This article regulates what a commanding officer may do to hear of offenses committed by those under his or her command and impose a punishment.
More: Article This article provides protection for military personnel against being required to provide self-incriminating evidence, statements or testimony.
Personnel must be informed of the nature of the accusation and advised of their rights before interrogation, similar to civilian Miranda rights.
They can't be compelled to make a statement that could be degrading if it is not material to the case. Any statements or evidence obtained in violation of Article 31 cannot be received into evidence against the person in a trial by court-martial.
This article spells out the purpose, limits and manner of investigations leading to charges and referrals to trial by court-martial.
An investigation must be done to determine whether charges are truthful and to recommend what charges should be brought. The accused can cross-examine witnesses and request his own witnesses for examination.
The accused has the right to see the statement of the substance of the testimony from both sides if it is forwarded. If the investigation was conducted before charges were brought, the accused has the right to demand further investigation and can recall witnesses for cross-examination and bring new evidence.
This article allows for the military judge to call the court into sessions without the presence of members for specific purposes.
These include hearing and determining motions, defenses and objections, holding arraignment and receiving pleas, and other procedural functions.
The proceedings are part of the record and attended by the accused, defense counsel and trial counsel. Further, during deliberations and voting, only the members may be present.
All other proceedings must be conducted in the presence of the accused, defense counsel, trial counsel and the military judge. This article sets out the statute of limitations for various levels of offense.
There is no time limitation for any offense punishable by death, including absence without leave or missing movement in time of war. Language is indecent if it tends reasonably to corrupt morals or incite libidinous thoughts.
The language must violate community standards. Service members convicted of a violation of Article for Indecent Language face differing maximum possible punishments depending upon the nature of the violation.
If the indecent language was communicated to any child under the age of 16 years, the maximum possible punishment is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
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Skip to content. Offenses found under Article range from lower level to very serious offenses, and these charges can be preferred and referred to a general, special, or summary courts-martial.
The list of Article offenses is extensive and these offenses are often charged with the other punitive articles of the UCMJ. Article also allows prosecutors to assimilate federal crimes into the UCMJ.
The most serious offenses under Article incur prison sentences that can extend for decades. Your civilian future may be put in jeopardy as you struggle to contend with a negative record as a dishonorably discharged veteran or even a sex offender.
You could very easily lose years of earned benefits in an instant. Your retirement, healthcare, and livelihood are all on the line should you be convicted.
We will prepare your case and handle all the legwork—from sourcing witnesses and investigating crime scenes to representing you in your trial.
As the premier court-martial defense law firm operating in the Pacific today, we have a vast arsenal of resources at our disposal to handle every challenge and every eventuality that the prosecution throws our way.