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10 U.S.C. § 830Art. 30. Charges and specifications

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 153 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states who may prefer military charges and specifications and what the written filing must say. It also requires the proper authority to notify the accused and decide how to handle the charges.

(a) In General .— Charges and specifications— (1) can be preferred only by a people subject to this chapter; and (2) must be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths. (b) Required Content .— The writing under subsection (a) must state that— (1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and (2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer. (c) Duty of Proper Authority .— When charges and specifications are preferred under subsection (a), the proper authority must, as soon as practicable— (1) inform the people accused of the charges and specifications; and (2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Charges and specifications—

(1)

may be preferred only by a person subject to this chapter; and

(2)

shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.

(b)Required Content.—

The writing under subsection (a) shall state that—

(1)

the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and

(2)

the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.

(c)Duty of Proper Authority.—

When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable—

(1)

inform the person accused of the charges and specifications; and

(2)

determine what disposition should be made of the charges and specifications in the interest of justice and discipline.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 114–328, div. E, title LVI, § 5201, Dec. 23, 2016, 130 Stat. 2904.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2904

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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