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  40.198.  Rehearing limitations — dismissal of charges, when. — 1.  If the convening authority disapproves the findings and sentence of a court-martial that authority may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.  In such a case the convening authority shall state the reasons for disapproval.  If he disapproves the findings and sentence and does not order a rehearing, the convening authority shall dismiss the charges.

  2.  Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case.  Upon a rehearing the accused shall not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.


(L. 1984 H.B. 1035 § 64)

< end of effective 28 Aug 1984 >

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