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Authority of special trial counsel to enter into pretrial agreements with respect to certain offenses

Division A · Title V: MILITARY PERSONNEL POLICY · Subtitle E: Military Justice

Plain-language summaryAI

Special trial counsel can now make pretrial agreements with accused individuals for certain offenses that happened before January 1, 2019. These agreements must follow rules set by the President and, once approved by a military judge, are binding for all parties involved.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 542.
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(1)

in paragraph (3)—

(A)

in the matter preceding subparagraph (A), by striking paragraph (5) and inserting paragraphs (4) and (6) ; and

(B)

in subparagraph (C), by inserting or pretrial agreement after plea agreement ;

(2)

by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(3)

by inserting after paragraph (3) the following new paragraph:

(4) Pretrial agreements

If a special trial counsel exercises authority pursuant to subsection (d) over an offense that occurred before January 1, 2019, the special trial counsel may enter into a pretrial agreement with the accused in accordance with regulations prescribed by the President. Upon acceptance of such an agreement by the military judge of a general or special court-martial, the agreement shall bind the parties and the convening authority.