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U.S.C. - TITLE XII
Uniform Code of Military Justice
§1. GENERAL PROVISIONS
a.) This Title shall be known as the Uniform Code of Military Justice (UCMJ) and governs the conduct of all persons subject to military jurisdiction within the Armed Forces of the United States.
b.) Persons subject to this Code include:
i.) All active-duty enlisted personnel of the Armed Forces.
ii.) All commissioned officers of the Armed Forces.
iii.) All personnel actively serving under military authority, including off-duty personnel.
iv.) Former personnel where offences were committed while subject to this Code.
c.) This Code applies exclusively to persons under military jurisdiction and does not apply to civilian law enforcement agencies unless expressly incorporated by federal law.
§2. MILITARY POLICE AND CRIMINAL INVESTIGATION DIVISION (CID)
a.) The Criminal Investigation Division (CID) is hereby established as the primary investigative authority under the Armed Forces.
b.) CID shall have authority to:
i.) Investigate suspected violations of this Code.
ii.) Collect and preserve evidence relevant to court-martial proceedings.
iii.) Execute lawful apprehension of persons subject to this Code upon probable cause.
iv.) Conduct preliminary interviews and compile case files for prosecution review.
c.) CID shall not act as the primary prosecutorial authority except where expressly delegated under this Title.
d.) CID may operate as Military Police for the purposes of:
i.) Base security enforcement.
ii.) Apprehension and detention of military personnel.
iii.) Enforcement of lawful military orders and regulations within jurisdiction.
§3. MILITARY OFFENCES
a.) Military offences include, but are not limited to:
i.) Desertion.
ii.) Insubordination.
iii.) Absence without leave (AWOL).
iv.) Contempt of court-martial.
v.) False official statements.
vi.) Subornation of perjury.
vii.) Drunkenness or incapacitation while on duty.
viii.) Obstruction of lawful military seizure or operations.
b.) Any offence under federal criminal law committed by a person subject to this Code may also constitute a military offence where jurisdiction applies.
§4. APPREHENSION, DETENTION, AND RESTRAINT
a.) Apprehension is defined as the taking of a person into custody under lawful military authority.
b.) Persons authorised to apprehend include:
i.) CID Special Agents.
ii.) Commissioned officers of the Armed Forces.
iii.) Military Police personnel where designated.
c.) No person may be apprehended or confined without probable cause, or lawful order issued under this Code.
d.) Arrest and confinement shall be limited to the minimum necessary to ensure appearance at proceedings or to maintain order.
§5. COURT-MARTIAL JURISDICTION
a.) The Armed Forces shall maintain court-martial jurisdiction over all persons subject to this Code.
b.) Court-martial jurisdiction applies to:
i.) Offences committed while subject to military service.
ii.) Offences occurring on federal military installations.
iii.) Offences interfering with military operations or personnel.
c.) Court-martial decisions may be appealed to the Supreme Court of the United States, which shall retain final appellate jurisdiction.
§6. MILITARY PROSECUTION AUTHORITY
a.) Military prosecutions shall be conducted by authorised military legal officers appointed under the Department of Defense.
b.) Military prosecutors shall:
i.) Review CID investigative files.
ii.) Authorise formal charges under this Code.
iii.) Represent the United States in court-martial proceedings.
iv.) Conduct appeals where applicable.
c.) CID may only act as prosecuting authority where:
i.) No military prosecutor is available.
ii.) Emergency proceedings require immediate action.
iii.) Authority has been explicitly delegated in writing by a military legal officer.
d.) CID shall otherwise remain separate from prosecutorial decision-making to preserve procedural independence.
§7. COURT-MARTIAL PROCEDURE
a.) Court-martial proceedings shall consist of:
i.) Charging by authorised military prosecution.
ii.) Presentation of evidence.
iii.) Defence response.
iv.) Deliberation and verdict.
b.) Court-martial decisions are binding unless overturned on appeal by the Supreme Court of the United States.
c.) Court-martial procedures shall be conducted in accordance with due process standards established under federal law.
§8. LIMITATIONS AND CIVILIAN JURISDICTION
a.) Nothing in this Title shall be interpreted to grant the Armed Forces general authority over civilian law enforcement functions.
b.) Military jurisdiction shall not supersede federal civilian courts except where expressly authorised under federal law or executive directive.
c.) Civilian criminal jurisdiction remains separate from military justice unless otherwise provided for in federal statute.
End of Title XII