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incorporated in the trial of the original charges before
arraignment.
When charges are drafted, an offense specially
defined by Articles 81 through 132 may not be alleged
as a violation of Article 134. In the case of a person
subject to trial by general court-martial for violations of
the law of war, the charge should be Violation of
referring to the local penal law of
the occupied territory. Ordinarily persons subject to the
code should be charged with a specific violation of the
code rather than a violation of the law of war.
Specifications
A specification should be brief but complete. It
should be a plain, concise, and definite statement and
must contain all the following essential facts
constituting the offense charged:
A
Rate of accused
Name of accused
Branch of service of accused
Unit of accused
Time of alleged offense based on a 24-hour clock
Place of alleged offense
Statement of facts constituting the alleged
offense
specification is sufficient if it alleges every
element of the charged offense expressly or by
necessary implication. No particular format is required.
Detailed instructions on drafting specifications can be
founded in the Manual for Courts-Martial, United
States, 1984, under R.C.M. 307(c)(3).
If there is only one specification under a charge, it
is not numbered. When there is more than one
specification under any charge, the specifications are
numbered in Arabic numerals. The term additional is
not used in connection with the specifications under an
additional charge.
Charges and specifications alleging all known
offenses by an accused may be preferred at the same
time. Each specification should state only one offense.
A specification may name more than one person as an
accused if each person so named is believed by the
accuser to be a principal in the offense that is the subject
of the specification.
SECTION III - PREFERRAL
This section contains the identification of the
accuser, the signature of the accuser, the identification
of the officer administering the oath to the accuser, and
the signature of the officer administering the oath.
The accuser must be a person who has knowledge
of the alleged offenses and must be a person who is
subject to the UCMJ also. Normally, the officer who
conducts the preliminary investigation is the one who
signs and swears to the charges as the accuser. Article
136 of the UCMJ specifies what officers are authorized
to administer oaths to accusers.
This section is continued on the reverse of the
charge sheet with the date the accused was informed of
the charges and identification and signature of the
person informing the accused. The immediate
commander of the accused should cause the accused to
be informed of the charges preferred against the accused
and the name of the person who preferred the charges
and of any person who ordered the charges to be
preferred, if known, as soon as possible.
SECTION IV -
RECEIPT BY SUMMARY
COURT-MARTIAL CONVENING AUTHORITY
Immediately upon receipt of sworn charges, an
officer exercising summary court-martial jurisdiction
over the command should cause the hour and date of
receipt to be entered on the charge sheet. This date is
important. This signature, with the exact hour and date
of receipt, is necessary to fix the time period of the
statute of limitations. If an offense is committed more
than 2 years (3 years for some crimes) before receipt of
charges by the officer having court-martial jurisdiction
over the accused, the member may not, as a rule, be tried
for that offense. There are a few extremely serious
offenses for which there is no statute of limitations.
Article 43, UCMJ, details the rules applying to statute
of limitations.
SECTION V - REFERRAL: SERVICE OF CHARGES
This section is endorsed by the convening
authoritys signature. The purpose of this block is to
order a particular court (summary, special, or general)
to try the case and to provide the court with specific
instructions. Although the endorsement should be
completed on all copies of the charge sheet, only the
original must be signed. The signature maybe that of a
person acting by the order or direction of the convening
authority. In such a case the signature element must
reflect the signers authority.
If the only officer present in a command refers the
charges to a summary court-martial and serves as the
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