Page:United States Statutes at Large Volume 70A.djvu/120
62 Court of Military Appeals except under section 867(b)(2) of this title (article 67 (b)(2)). § 870. Art. 70. Appellate counsel (a) The Judge Advocate General shall detail in his office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 27 (b)(1)). (b) Appellate Government counsel shall represent the United States before the board of review or the Court of Military Appeals when directed to do so by the Judge Advocate General. (c) Appellate defense counsel shall represent the accused before the board of review or the Court of Military Appeals— (1) when he is requested to do so by the accused; (2) when the United States is represented by counsel; or (3) when the Judge Advocate General has sent a case to the Court of Military Appeals. (d) The accused has the right to be represented before the Court of Military Appeals or the board of review by civilian counsel if provided by him. (e) Military appellate counsel shall also perform such other functions in connection with the review of court martial cases as the Judge Advocate General directs. § 871. Art. 71. Execution of sentence; suspension of sentence (a) No court-martial sentence extending to death or involving a general or flag officer may be executed until approved by the Presi(lent. He shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence or any part of the sentence, as approved by limi, except a death sentence. (b) No sentence extending to the dismissal of a commissioned officer (other than a general or flag officer), cadet, or midshipman may be executed until approved by the Secretary concerned, or such Under Secretary or Assistant Secretary as may be designated by him. He shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of any part of the sentence as approved by him. I n time of war or national emergency he 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. (c) No sentence which includes, unsuspended, a dishonorable or bad-conduct discharge, or confinement for one year or more, may be executed until affirmed by a board of review and, in cases reviewed by it, the Court of Military Appeals. (d) All other court-martial sentences, unless suspended, may be ordered executed by the convening authority when approved by him. The convening authority may suspend the execution of any sentence, except a death sentence.