Page:United States Statutes at Large Volume 70A.djvu/115

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57 § 858. Art. 58. Execution of confinement (a) Under such instructions as the Secretary 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 armed forces or in any penal or correctional institution under the control of the United States, or which the United States may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, Territory, District of Columbia, or place in which the institution is situated. (b) 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. SUBCHAPTER IX.—REVIEW OF COURTS-MARTIAL Sec. Art.

859. 860. 861. 862. 863. 864. 865. 866. 867. 868. 869. 870. 871. 872. 873. 874. 875. 876.

59. Error of law; lesser included offense. 60. Initial action on the record. 61. Same—General court-martial records. 62. Reconsideration and revision. 63. Rehearings. 64. Approval by the convening authority. 65. Disposition of records after review by the convening authority. 66. Review by board of review. 67. Review by the Court of Military Appeals. 68. Branch offices. 69. Review in the office of the Judge Advocate General. 70. Appellate counsel. 71. Execution of sentence; suspension of sentence. 72. Vacation of suspension. 73. Petition for a new trial. 74. Remission and 8Uspension. 75. Restoration. 76. Finality of proceedings, findings, and sentences.

§ 859. Art. 59. Error of law; lesser included offense (a) A finding or sentence of a 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. (b) 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. § 860. Art. 60. Initial action on the record After a trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising general court-martial jurisdiction.