(a) General rule.-- In a trial by court-martial in which a punitive discharge may be adjudged, the Commonwealth may appeal the following: (1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. (2) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding. (3) An order or ruling which directs the disclosure of classified information. (4) An order or ruling which imposes sanctions for nondisclosure of classified information. (5) A refusal of the military judge to issue a protective order sought by the Commonwealth to prevent the disclosure of classified information. (6) A refusal by the military judge to enforce a protective order sought by the Commonwealth to prevent the disclosure of classified information which has previously been issued by appropriate authority. (b) Exceptions.-- Notwithstanding subsection (a), the Commonwealth may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration. (c) Written notice required.-- An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding. (d) Diligent prosecution required.-- An appeal under this section shall be diligently prosecuted. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit. (e) Action by Superior Court.-- An appeal under this section shall be forwarded to the Superior Court. In ruling on an appeal under this section, the court may act only with respect to matters of law. CHAPTER 60 PUNITIVE SECTIONS Sec. 6001. Principals. 6002. Accessory after the fact. 6003. Conviction of lesser included offense. 6004. Attempts. 6005. Conspiracy. 6006. Solicitation. 6007. Fraudulent enlistment, appointment or separation. 6008. Unlawful enlistment, appointment or separation. 6009. Desertion. 6010. Absence without leave. 6011. Missing movement. 6012. Contempt toward officials. 6013. Disrespect toward superior commissioned officer. 6014. Assaulting or willfully disobeying superior commissioned officer. 6015. Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer. 6016. Failure to obey order or regulation. 6017. Cruelty and maltreatment. 6018. Mutiny or sedition. 6019. Resistance, flight, breach of arrest and escape. 6020. Releasing prisoner without proper authority. 6021. Unlawful detention of another. 6022. Noncompliance with procedural rules. 6023. Misbehavior before enemy. 6024. Subordinate compelling surrender. 6025. Improper use of countersign. 6026. Forcing a safeguard. 6027. Captured or abandoned property. 6028. Aiding the enemy. 6029. Misconduct of prisoner. 6030. False official statements. 6031. Loss, damage, destruction or wrongful disposition of military property. 6032. Waste, spoilage or destruction of nonmilitary property. 6033. Improper hazarding of vessel. 6034. Drunken or reckless driving. 6035. Drunk on duty, sleeping on post and leaving post before relief. 6036. Dueling. 6037. Malingering. 6038. Riot or breach of peace. 6039. Provoking speeches or gestures. 6040. Perjury. 6041. Frauds against government. 6042. Larceny and wrongful appropriation. 6043. Assault. 6044. Conduct unbecoming an officer and a gentleman. 6045. General article. 6046. Embezzlement. 6047. Purchasing and receiving military property in pawn. 6048. Wrongful use and possession of controlled substances. Prior Provisions . Former Chapter 60, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.
‹ Prev All Pennsylvania sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.