ture of the trial counsel or by a member of the commission 
if the trial counsel is unable to authenticate it by reason 
of his death, disability, or absence. Where appropriate, 
and as provided in regulations prescribed by the Secretary 
of Defense, the record of a military commission under this 
chapter may contain a classified annex. 
‘‘(b) COMPLETE RECORD REQUIRED.—A complete 
record of the proceedings and testimony shall be prepared 
in every military commission under this chapter. 
‘‘(c) PROVISION OF COPY TO ACCUSED.—A copy of 
the record of the proceedings of the military commission 
under this chapter shall be given the accused as soon as 
it is authenticated. If the record contains classified infor-
mation, or a classified annex, the accused shall be given 
a redacted version of the record. The appropriate defense 
counsel shall have access to the unredacted record, as pro-
vided in regulations prescribed by the Secretary of De-
fense. 
‘‘SUBCHAPTER V—SENTENCES 
‘‘Sec. 
‘‘949s. Cruel or unusual punishments prohibited. 
‘‘949t. Maximum limits. 
‘‘949u. Execution of confinement. 
‘‘§ 949s. Cruel or unusual punishments prohibited 
‘‘Punishment by flogging, or by branding, marking, 
or tattooing on the body, or any other cruel or unusual 
punishment, may not be adjudged by a military commis-
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sion under this chapter or inflicted under this chapter 
upon any person subject to this chapter. The use of irons, 
single or double, except for the purpose of safe custody, 
is prohibited under this chapter. 
‘‘§ 949t. Maximum limits 
‘‘The punishment which a military commission under 
this chapter may direct for an offense may not exceed such 
limits as the President or Secretary of Defense may pre-
scribe for that offense. 
‘‘§ 949u. Execution of confinement 
‘‘(a) IN GENERAL.—Under such regulations as the 
Secretary of Defense may prescribe, a sentence of confine-
ment adjudged by a military commission under this chap-
ter may be carried into execution by confinement— 
‘‘(1) in any place of confinement under the con-
trol of any of the armed forces; or 
‘‘(2) in any penal or correctional institution 
under the control of the United States or its allies, 
or which the United States may be allowed to use. 
‘‘(b) TREATMENT DURING CONFINEMENT BY OTHER 
THAN
THE ARMED FORCES.—Persons confined under 
subsection (a)(2) in a penal or correctional institution not 
under the control of an armed force are subject to the 
same discipline and treatment as persons confined or com-
mitted by the courts of the United States or of the State, 
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District of Columbia, or place in which the institution is 
situated. 
‘‘SUBCHAPTER VI—POST-TRIAL PROCEDURE 
AND REVIEW OF MILITARY COMMISSIONS 
‘‘Sec. 
‘‘950a. Error of law; lesser included offense. 
‘‘950b. Review by the convening authority. 
‘‘950c. Waiver or withdrawal of appeal. 
‘‘950d. Appeal by the United States. 
‘‘950e. Rehearings. 
‘‘950f. Review by Court of Military Commission Review. 
‘‘950g. Review by the United States Court of Appeals for the District of Colum-
bia Circuit and the Supreme Court. 
‘‘950h. Appellate counsel. 
‘‘950i. Execution of sentence; suspension of sentence. 
‘‘950j. Finality or proceedings, findings, and sentences. 
‘‘§ 950a. Error of law; lesser included offense 
‘‘(a) ERROR OF LAW.—A finding or sentence of a 
military commission under this chapter may not be held 
incorrect on the ground of an error of law unless the error 
materially prejudices the substantial rights of the accused. 
‘‘(b) LESSER INCLUDED OFFENSE.—Any reviewing 
authority with the power to approve or affirm a finding 
of guilty by a military commission under this chapter may 
approve or affirm, instead, so much of the finding as in-
cludes a lesser included offense. 
‘‘§ 950b. Review by the convening authority 
‘‘(a) NOTICE TO CONVENING AUTHORITY OF FIND-
INGS AND SENTENCE.—The findings and sentence of a 
military commission under this chapter shall be reported 
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