DOCSLIB.ORG

Uniform Code of Military Justice

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Uniform Code of Military Justice APPENDIX 2 UNIFORM CODE OF MILITARY JUSTICE CHAPTER 47. UNIFORM CODE OF MILITARY (9) The term “accuser” means a person who signs and swears to JUSTICE charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an Subchapter Sec. Art. interest other than an official interest in the prosecution of the I. General Provisions . 801 1 accused. II. Apprehension and Restraint . 807 7 (10) The term “military judge” means an official of a general or III. Non-Judicial Punishment . 815 15 special court-martial detailed in accordance with section 826 of IV. Court-Martial Jurisdiction . 816 16 this title (article 26). V. Composition of Courts-Martial . 822 22 VI. Pretrial Procedure . 830 30 (11) The term “law specialist” means a commissioned officer of VII. Trial Procedure . 836 36 the Coast Guard designated for special duty (law). VIII. Sentences . 855 55 (12) The term “legal officer” means any commissioned officer of IX. Post-Trial Procedure and Review of 859 59 the Navy, Marine Corps, or Coast Guard designated to perform Courts-Martial . legal duties for a command. X. Punitive Articles . 877 77 XI. Miscellaneous Provisions . 935 135 (13) The term “judge advocate” means— XII. Court of Appeals for the Armed Forces 941 141 (A) an officer of the Judge Advocate General’s Corps of the Army or the Navy; (B) an officer of the Air Force or the Marine Corps who is SUBCHAPTER 1. GENERAL PROVISIONS designated as a judge advocate; or (C) an officer of the Coast Guard who is designated as a law Sec. Art. specialist. 801. 1. Definitions. ( 1 4 ) T h e t e r m “ r e c o r d ” , w h e n u s e d i n c o n n e c t i o n w i t h t h e 802. 2. Persons subject to this chapter. proceedings of a court-martial, means - 803. 3. Jurisdiction to try certain personnel. 804. 4. Dismissed officer’s right to trial by court-martial (A) an official written transcript, written summary, or other 805. 5. Territorial applicability of this chapter. writing relating to the proceedings; or 806. 6. Judge advocates and legal officers. (B) an official audiotape, videotape, or similar material from 806a. 6a. Investigations and disposition of matters pertaining to which sound, or sound and visual images, depicting the proceed- the fitness of military judges. ings may be reproduced. (15) The term “classified information” means— (A) any information or material that has been determined by § 801. Art. 1. Definitions an official of the United States pursuant to law, an Executive In this chapter— order, or regulation to require protection against unauthorized (1) The term “Judge Advocate General” means, severally, the disclosure for reasons of national security, and Judge Advocates General of the Army, Navy, and Air Force and, (B) any restricted data, as defined in section 11(y) of the except when the Coast Guard is operating as a service in the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). Navy, the General Counsel of the Department of Transportation. (16) The term “national security” means the national defense and (2) The Navy, the Marine Corps, and the Coast Guard when it is foreign relations of the United States. operating as a service in the Navy, shall be considered as one armed force. § 802. Art. 2. Persons subject to this chapter (3) The term “commanding officer” includes only commissioned (a) The following persons are subject to this chapter: officers. (1) Members of a regular component of the armed forces, (4) The term “officer in charge” means a member of the Navy, including those awaiting discharge after expiration of their terms the Marine Corps, or the Coast Guard designated as such by of enlistment; volunteers from the time of their muster or accept- appropriate authority. ance into the armed forces; inductees from the time of their actual (5) The term “superior commissioned officer” means a commis- induction into the armed forces; and other persons lawfully called sioned officer superior in rank or command. or ordered into, or to duty in or for training in, the armed forces, (6) The term “cadet” means a cadet of the United States Military from the dates when they are required by the terms of the call or Academy, the United States Air Force Academy, or the United order to obey it. States Coast Guard Academy. (2) Cadets, aviation cadets, and midshipmen. (7) The term “midshipman” means a midshipman of the United (3) Members of a reserve component while on inactive-duty States Naval Academy and any other midshipman on active duty training, but in the case of members of the Army National Guard in the naval service. of the United States or the Air National Guard of the United (8) The term “military” refers to any or all of the armed forces. States only when in Federal service. A2-1 § 802. Art. 2.(a)(4) APPENDIX 2 (4) Retired members of a regular component of the armed active duty under paragraph (1) except with respect to an offense forces who are entitled to pay. committed while the member was (5) Retired members of a reserve component who are receiving (A) on active duty; or hospitalization from an armed force. (B) on inactive-duty training, but in the case of members of (6) Members of the Fleet Reserve and Fleet Marine Corps the Army National Guard of the United States or the Air National Reserve. Guard of the United States only when in Federal service. (7) Persons in custody of the armed forces serving a sentence (3) Authority to order a member to active duty under para- imposed by a court-martial. graph (1) shall be exercised under regulations prescribed by the (8) Members of the National Oceanic and Atmospheric Ad- President. ministration, Public Health Service, and other organizations, when (4) A member may be ordered to active duty under paragraph assigned to and serving with the armed forces. (1) only by a person empowered to convene general courts-mar- (9) Prisoners of war in custody of the armed forces. tial in a regular component of the armed forces. (10) In time of war, persons serving with or accompanying an (5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary armed force in the field. concerned, may not (11) Subject to any treaty or agreement to which the United (A) be sentenced to confinement; or States is or may be a party or to any accepted rule of international law, persons serving with, employed by, or accompanying the (B) be required to serve a punishment consisting of any armed forces outside the United States and outside the Common- restriction on liberty during a period other than a period of inac- wealth of Puerto Rico, Guam, and the Virgin Islands. tive-duty training or active duty (other than active duty ordered under paragraph (l)). (12) Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international (e) The provisions of this section are subject to section 876(d)(2) law, persons within an area leased by or otherwise reserved or of this title (article 76b(d)(2). acquired for the use of the United States which is under the c o n t r o l o f t h e S e c r e t a r y c o n c e r n e d a n d w h i c h i s o u t s i d e t h e § 803. Art. 3. Jurisdiction to try certain personnel United States and outside the Canal Zone, the Commonwealth of (a) Subject to section 843 of this title (article 43), a person who Puerto Rico, Guam, and the Virgin Islands. is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in (b) The voluntary enlistment of any person who has the capacity a status in which the person was subject to this chapter is not to understand the significance of enlisting in the armed forces relieved from amenability to the jurisdiction of this chapter for shall be valid for purposes of jurisdiction under subsection (a) and that offense by reason of a termination of that person’s former a change of status from civilian to member of the armed forces status. shall be effective upon the taking of the oath of enlistment. (b) Each person discharged from the armed forces who is later (c) Notwithstanding any other provision of law, a person serving charged with having fraudulently obtained his discharge is, sub- with an armed force who— ject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to (1) submitted voluntarily to military authority; this chapter while in the custody of the armed forces for that trial. (2) met the mental competence and minimum age Upon conviction of that charge he is subject to trial by court- martial for all offenses under this chapter committed before the qualifications of sections 504 and 505 of this title fraudulent discharge. at the time of voluntary submission to military (c) No person who has deserted from the armed forces may be authority; relieved from amenability to the jurisdiction of this chapter by (3) received military pay or allowances;and virtue of a separation from any later period of service.
Load more

Recommended publications
  • The Lawyer As an Officer of the Court--His Duty to the Court in the Administration of Justice Isaac M
    NORTH CAROLINA LAW REVIEW Volume 4 | Number 3 Article 1 1926 The Lawyer As an Officer of the Court--His Duty to the Court in the Administration of Justice Isaac M. Meekins Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Isaac M. Meekins, The Lawyer As an Officer ofh t e Court--His Duty to the Court in the Administration of Justice, 4 N.C. L. Rev. 95 (1926). Available at: http://scholarship.law.unc.edu/nclr/vol4/iss3/1 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. North Carolina Law Review Volume Four June, 1926 Number Three THE LAWYER AS AN OFFICER OF THE COURT -HIS DUTY TO THE COURT IN THE ADMINISTRATION OF JUSTICE* ISAAC M. MEEKINS JUDGE OF THE UNITED STATES DISTRICT COURT My first duty this evening is personal. I hasten to perform that duty by saying frankly that I deeply appreciate the consideration involved in your invitation to address you. I consider the oppor- tunity a distinct honor, and I find it difficult to convey the full measure of my value of your confidence and esteem. When I began to reflect upon the subject you assigned me: "The Lawyer as an Officer of the Court-His Duty to the Court in the Administration of Justice," involuntarily my memory ran.
    [Show full text]
  • The Lawyer As Officer of the Court
    THE LAW1VYER AS OFFICER OF COURT THE LAWYER AS AN OFFICER OF THE COURT. T HE lawyer is both theoretically and actually an officer of the court. This has been recognized in principle throughout the history of the profession. In ancient Rome the advocatms, when called upon by the prctor to assist in the cause of a client, was solemnly admonished "to avoid artifice and circumlocu- tion." 1 The principle was recognized also among practically all of the European nations of the Middle Ages. In 1221 Frederick the Second, of Germany, prescribed the following oath for advo- cates : 2 "We will that the advocates to be appointed, as well in our court as before the justices and bailiffs of the provinces, be- fore entering upon their offices, shall take their corporal oath on the Gospels, that the parties whose cause they have undertaken they will, with all good faith and truth, with- out any tergiversation, succour; nor will they allege anything against their sound conscience: nor will they undertake des- perate causes: and, should they have been induced, by mis- representation and the colouring of the party to undertake a cause which, in the progress of the suit, shall appear to them, in fact or law, unjust, they will forthwith abandon it. Liberty is not to be granted to the abandoned party to have recourse to another advocate. They shall also swear that, in the progress of the .suit, they will not require an addi- tional fee. nor on the part of the suit enter into any com- pact; which oath it shall not be sufficient for them to swear to once only, but they shall renew it every year before the offi- cer of justice.
    [Show full text]
  • The Role and Function of Prosecution in Criminal Justice by Madan Lal
    107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS THE ROLE AND FUNCTION OF PROSECUTION IN CRIMINAL JUSTICE Madan Lal Sharma* I. INTRODUCTION criminal matters. The states can also enact laws on local and special subjects. Thus, India is a Union of States and is under the constitutional scheme, the basic governed by a written constitution which criminal laws, i.e., the Indian Penal Code, came into force on 26 November 1949. the Code of Criminal Procedure and the India consists of 25 states and 7 Union Indian Evidence Act have been enacted by Territories. Due to its colonial heritage, the Indian Parliament. The Indian Police India follows the Anglo-Saxon common law Act has also been enacted by the Indian justice system. Article 246 of the Parliament. The states have also enacted Constitution provides for three lists which laws on several local and special subjects. are enumerated in 7th Schedule of the Some states in India have also enacted Constitution. List-1 is the Union List their own Police Acts. The Indian Police which enumerates the subjects on which Act, 1861, however, is the basic statutory the Parliament of India has exclusive law governing the constitution and power to make the laws. List-2 is the State organisation of police forces in the states. List which enumerates the subjects on Article 14 of the Constitution provides which the legislature of a state has the for equality before law. Article 21 power to make laws. The third list is the guarantees protection of life and personal Concurrent List which enumerates liberty. Article 20 provides protection subjects on which both the Indian against double jeopardy.
    [Show full text]
  • Policy 10000 - Bailiff Procedures 10000 – Introduction
    Policy 10000 - Bailiff Procedures 10000 – Introduction Bailiffs are an integral part of the court team. They are the primary person for maintaining law and order within the courtroom and by their actions can greatly influence the efficiency and effective-ness of court operations. For that reason, the impression a bailiff creates in the minds of court officers and members of the public must be that of an objective, unbiased professional. Generally, the duties of the bailiff include providing security for the judge and court staff, escorting inmates, affecting the arrest of specified individuals and making appropriate contributions toward the court's work product. Included in that list, of course, is the bailiff's responsibility to assist in the organization and control of court operations. The information in this policy will address all aspects of the bailiff's involvement in court and inmate procedures, and will state the department's operating policies in those areas. This policy shall be made available to all new sworn employees and made available, upon request, to all sworn employees of the department who are assigned to a court facility. 10001 – Court Terminology and Definitions 10001.1 - Court Terminology a) Arraignment: When a person is accused of committing a crime, appears in court, advised of the charges and asked to plead “guilty or “not guilty.” b) Commissioner: A person chosen by the court and given the power to hear and make decisions in certain kinds of legal matters. Commissioners cannot sign search warrants and have limited power as opposed to a judge. c) Hearsay: A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted.
    [Show full text]
  • Lawyer Role, Agency Law, and the Characterization "Officer of the Court"
    Buffalo Law Review Volume 48 Number 2 Article 2 4-1-2000 Lawyer Role, Agency Law, and the Characterization "Officer of the Court" James A. Cohen Fordham University School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Agency Commons Recommended Citation James A. Cohen, Lawyer Role, Agency Law, and the Characterization "Officer of the Court", 48 Buff. L. Rev. 349 (2000). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol48/iss2/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. BUFFALO LAW REVIEW VOLUME 48 SPRING 2000 NUMBER 2 Lawyer Role, Agency Law, and the Characterization "Officer of the Court" JAMES A. COHENt The law of agency has governed American lawyers since before the Revolution, but recent scholarship about legal ethics and professional role almost entirely ignores it. Most commentators would concede that attorneys are agents, but would quickly add that the lawyer is also an "officer of the court" who has obligations to seek justice. However, analysis of the phrase "officer of the court" reveals that it has surprisingly little content; it is mostly rhetoric, caused by self-love and self-promotion. What little content it has points to a role of the attorney as agent whose obligations to the court are almost identical to those owed by non-lawyers and almost entirely consistent with duties to clients.
    [Show full text]
  • English/Russian Legal Glossary
    English/Russian Legal Glossary Юридический Глоссарий Translated from English into Russian by Yana Berrier, Esq. Superior Court of California, County of Sacramento 720 9th Street Sacramento, CA 95814 Phone: (916) 874-6867 Fax: (916) 874-8229 www.saccourt.com 2005 Disclaimer The Superior Court of California, County of Sacramento ("Court"), has prepared this Legal Glossary. The Court cannot guarantee that the translations contained therein are completely accurate, although reasonable attempts were made to achieve this goal. This glossary is to be used for general reference purposes only, should be considered a "work- in-progress," and is not intended to provide legal advice. This glossary is not intended to be used as a study guide for purposes of passing California court interpreter certification examinations, as some terminology might differ when used in specific context. Neither the Administrative Office of the Courts, nor the Superior Court of California, Sacramento County, nor any of its officials or employees assumes any legal liability or responsibility for the accuracy of these translations. For more information or comments, please contact Ms. Elaine Flores, Administrative Services Officer II of the Court, at (916) 874-8663 or via e-mail at [email protected]. Legal Glossary 1203.03 PC MOTION - Request to cancel, modify, change or terminate probation. 1203.4 PC MOTION - Request to take back guilty plea or set aside a guilty verdict, and dismiss the accusations or information. (Made after probation has either terminated or defendant was discharged from probation prior to termination.) 170.6 PC MOTION - Request to disqualify the assigned judge from hearing a matter.
    [Show full text]
  • Service of Process, Pleadings, Motions, and Orders. Rule 3. Commencement of Action
    Chapter 1A. Rules of Civil Procedure. § 1A-1. Rules of Civil Procedure. The Rules of Civil Procedure are as follows: Article 1. Scope of Rules–One Form of Action. Rule 1. Scope of rules. These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of a civil nature except when a differing procedure is prescribed by statute. They shall also govern the procedure in tort actions brought before the Industrial Commission except when a differing procedure is prescribed by statute. (1967, c. 954, s. 1; 1971, c. 818.) Rule 2. One form of action. There shall be in this State but one form of action for the enforcement or protection of private rights or the redress of private wrongs, which shall be denominated a civil action. (1967, c. 954, s. 1.) Article 2. Commencement of Action; Service of Process, Pleadings, Motions, and Orders. Rule 3. Commencement of action. (a) A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing. A civil action may also be commenced by the issuance of a summons when (1) A person makes application to the court stating the nature and purpose of his action and requesting permission to file his complaint within 20 days and (2) The court makes an order stating the nature and purpose of the action and granting the requested permission. The summons and the court's order shall be served in accordance with the provisions of Rule 4.
    [Show full text]
  • Separateness of Military and Civil Jurisdiction a Brief Harvey C
    Journal of Criminal Law and Criminology Volume 9 | Issue 4 Article 12 1919 Separateness of Military and Civil Jurisdiction a Brief Harvey C. Carbaugh Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Harvey C. Carbaugh, Separateness of Military and Civil Jurisdiction a Brief, 9 J. Am. Inst. Crim. L. & Criminology 571 (May 1918 to February 1919) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. TEE SEPARATENESS OF MILITARY*AND CIVIL JUIISDICTION-A BRIEF HARvEY C. CAImAUGH' The military powers given to Congress by the Constitution of the United States were intended to authorize and empower it to bring into existence and maintain for the Army such a system of military law as was then existing in England as a separate institution from the common law system existing there, and that this military system should, in a like manner, be a separate institution from the system of law by which the personal liberty and rights guaranteed by the amendments to the Constitution were to be enforced. These principles were announced in the Esmond case (5 Mackay's Reports, 73), in which the Supreme Court of the District of Columbia, sitting as an appellate court, said: "These provisions (of the Constitution) contemplate the establish- ment by Congress of two distinct systems of jurisdiction for the punish- ment of crimes and that each should be complete and sufficient.
    [Show full text]
  • Federal Rules Civil Procedure
    FEDERAL RULES OF CIVIL PROCEDURE DECEMBER 1, 2016 E PL UR UM IB N U U S Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES 114TH CONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF CIVIL PROCEDURE DECEMBER 1, 2016 E PL UR UM IB N U U S Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U.S. GOVERNMENT PUBLISHING OFFICE WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON THE JUDICIARY ONE HUNDRED FOURTEENTH CONGRESS BOB GOODLATTE, Virginia, Chairman F. JAMES SENSENBRENNER, JR., Wisconsin JOHN CONYERS, JR., Michigan LAMAR S. SMITH, Texas JERROLD NADLER, New York STEVE CHABOT, Ohio ZOE LOFGREN, California DARRELL E. ISSA, California SHEILA JACKSON LEE, Texas J. RANDY FORBES, Virginia STEVE COHEN, Tennessee STEVE KING, Iowa HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia TRENT FRANKS, Arizona PEDRO R. PIERLUISI, Puerto Rico LOUIE GOHMERT, Texas JUDY CHU, California JIM JORDAN, Ohio TED DEUTCH, Florida TED POE, Texas LUIS V. GUTIERREZ, Illinois JASON CHAFFETZ, Utah KAREN BASS, California TOM MARINO, Pennsylvania CEDRIC RICHMOND, Louisiana TREY GOWDY, South Carolina SUZAN DelBENE, Washington RAU´ L LABRADOR, Idaho HAKEEM JEFFRIES, New York BLAKE FARENTHOLD, Texas DAVID N. CICILLINE, Rhode Island DOUG COLLINS, Georgia SCOTT PETERS, California RON DeSANTIS, Florida MIMI WALTERS, California KEN BUCK, Colorado JOHN RATCLIFFE, Texas DAVE TROTT, Michigan MIKE BISHOP, Michigan SHELLEY HUSBAND, Chief of Staff & General Counsel PERRY APELBAUM, Minority Staff Director & Chief Counsel (II) FOREWORD This document contains the Federal Rules of Civil Procedure to- gether with forms, as amended to December 1, 2016.
    [Show full text]
  • 88 Stat. 2076
    2076 PUBLIC LAW 93-619-JAN. 3, 1975 [88 STAT. form of a supplemental duty pursuant to Presidential Proclamation 12002nofer^''2 note * 4074, dated August 17, 1971, the time for review and allowing or denying the protest shall not expire until five years from the date 19 use 1514 the protest was filed in accordance with such section 514. 19 use 2486 SEC. 612. TRADE RELATIONS WITH CANADA. It is the sense of the Congress that the United States should enter into a trade agreement with Canada which will guarantee continued stability to the economies of the United States and Canada. In order to promote such economic stability, the President may initiate negotia­ tions for a trade agreement with Canada to establish a free trade area covering the United States and Canada. Nothing in this section shall be construed as prior approval of any legislation which may be neces­ sary to implement such a trade agreement. 19 use 2487. SEC. 613. LIMITATION ON CREDIT TO RUSSIA. After the date of enactment of the Trade Act of 1974, no agency of the Government of the United States, other than the Commodity Credit Corporation, shall approve any loans, guarantees, insurance, or any combination thereof, in connection with exports to the Union of Soviet Socialist Kepublics in an aggregate amount in excess of $300,000,000 without prior congressional approval as provided by law. Approved January 3, 1975. Public Law 93-619 January 3, 1975 ^^ ACT l^^- '^^'^^ To assist in reducing crime and the danger of recidivism by requiring speedy trials and by strengthening the supervision over persons released pending trial, and for other purposes.
    [Show full text]
  • The Attorney As an Officer of the Court: Time to Take the Gown Off the Bar
    South Carolina Law Review Volume 35 Issue 4 Article 4 Summer 1984 The Attorney As an Officer of the Court: Time to Take the Gown off the Bar Robert J. Martineau University of Cincinnati College of Law Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation Martineau, Robert J. (1984) "The Attorney As an Officer of the Court: Time to Take the Gown off the Bar," South Carolina Law Review: Vol. 35 : Iss. 4 , Article 4. Available at: https://scholarcommons.sc.edu/sclr/vol35/iss4/4 This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Martineau: The Attorney As an Officer of the Court: Time to Take the Gown of THE ATTORNEY AS AN OFFICER OF THE COURT: TIME TO TAKE THE GOWN OFF THE BAR ROBERT J. MARTINEAU* I. INTRODUCTION Today the legal profession and its members are subject to extensive regulation by the courts. This power can be exercised through judicial rule-making power or by decision in individual cases. The courts dictate the moral, educational and residential qualifications for admission to the bar, and the necessity of tak- ing a bar examination. They have imposed requirements that at- torneys belong to a bar organization and participate in continu- ing legal education programs. They specify the standards for discipline of attorneys, and the procedures and personnel through which the standards are enforced.
    [Show full text]
  • The Criminal Code of the Russian Federation
    THE CRIMINAL CODE OF THE RUSSIAN FEDERATION NO. 63-FZ OF JUNE 13, 1996 (with Amendments and Addenda of May 27, June 25, 1998, February 9, 15, March 18, July 9, 1999, March 9, 20, June 19, August 7, November 17, December 29, 2001, March 4, 14, May 7, June 25, July 24, 25, October 31, 2002, March 11, April 8, July 4, 7, December 8, 2003, July 21, 26, December 28, 2004) Adopted by the State Duma on May 24, 1996 Adopted by the Federation Council on June 5, 1996 General Part Section I. Criminal Law Chapter 1. The Tasks and Principles of the Criminal Code of the Russian Federation Article 1. The Criminal Law of the Russian Federation 1. The criminal Law of the Russian Federation consists of the present Code. New laws providing for criminal responsibility are subject to inclusion in the present Code. 2. The present Code is based on the Constitution of the Russian Federation and the generally recognized principles and norms of international law. Article 2. The Tasks of the Criminal Code of the Russian Federation 1. The tasks of the present Code are as follows: the protection of the rights and freedoms of man and citizen, property, public order and public security, the environment, and the constitutional system of the Russian Federation against criminal encroachment, the maintenance of peace and security of mankind, and also the prevention of crimes. 2. To accomplish these tasks, the present Code establishes the ground and principles of criminal responsibility, defines which deeds are recognized as offences dangerous to persons, society, or the State, and establishes the types of punishment and other penal measures for the commission of offences.
    [Show full text]