
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC845]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 845. Art. 45. Pleas of the accused

    (a) If an accused after arraignment makes an irregular pleading, or 
after a plea of guilty sets up matter inconsistent with the plea, or if 
it appears that he has entered the plea of guilty improvidently or 
through lack of understanding of its meaning and effect, or if he fails 
or refuses to plead, a plea of not guilty shall be entered in the 
record, and the court shall proceed as though he had pleaded not guilty.
    (b) A plea of guilty by the accused may not be received to any 
charge or specification alleging an offense for which the death penalty 
may be adjudged. With respect to any other charge or specification to 
which a plea of guilty has been made by the accused and accepted by the 
military judge or by a court-martial without a military judge, a finding 
of guilty of the charge or specification may, if permitted by 
regulations of the Secretary concerned, be entered immediately without 
vote. This finding shall constitute the finding of the court unless the 
plea of guilty is withdrawn prior to announcement of the sentence, in 
which event the proceedings shall continue as though the accused had 
pleaded not guilty.

(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90-632, Sec. 2(19), Oct. 
24, 1968, 82 Stat. 1339.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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845(a)................................  50:620(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
845(b)................................  50:620(b).                            4
5), 64 Stat. 122.
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---------------------------------

    In subsection (b), the word ``may'' is substituted for the word 
``shall''.


                               Amendments

    1968--Subsec. (a). Pub. L. 90-632, Sec. 2(19)(A), substituted 
``after arraignment'' for ``arraigned before a court-martial''.
    Subsec. (b). Pub. L. 90-632, Sec. 2(19)(B), inserted provisions 
covering the making and accepting of a guilty plea to charges or 
specifications other than charges and specifications alleging an offense 
for which the death penalty may be adjudged.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 852 of this title.
