reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-182. - Continuance.

A military judge or a court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
(1967, P.A. 717, S. 42; P.A. 77-295, S. 4.)
History: P.A. 77-295 added “A military judge or a” before “court-martial”.
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-183. - Challenges.

(a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or if none, the court, shall determine the relevancy and validity of challenges for cause, and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge shall not be challenged except for cause.
(1967, P.A. 717, S. 43; P.A. 77-295, S. 5.)
History: P.A. 77-295 provided for challenges of the military judge and members of a general or special court-martial, further provided for the military judge or, if none, the court to make the determinations on challenges and substituted “military judge” for “law officer”.
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-184. - Oaths.

(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath shall be as set forth in section 1-25. The Adjutant General shall adopt regulations in accordance with the provisions of chapter 54 prescribing the time and place of the taking of the oath, the manner of recording the same, and whether the oath shall be taken for all cases in which those duties are to be performed or for a particular case. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not be taken again at the time the judge advocate, or other person is detailed to that duty.
(b) Each witness before a military court shall be examined on oath or affirmation.
(1967, P.A. 717, S. 44; P.A. 77-295, S. 6; P.A. 89-221, S. 12.)
History: P.A. 77-295 substituted in Subsec. (a) “military judge” for “law officer”; P.A. 89-221 amended Subsec. (a) to delete reference to an “affirmation” and requirement that the oath be taken “in the presence of the accused” and to add provisions requiring the specified personnel to take an oath “before performing their respective duties”, requiring an associate defense counsel to take an oath, specifying the form of the oath, requiring the adjutant general to adopt regulations and authorizing the regulations to contain a provision that once an oath is taken by certain personnel it need not be taken again.
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-185. - Statute of limitations.

(a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.
(b) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under section 27-256 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(c) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under section 27-154 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under said section.
(d) Periods in which the accused was absent from territory in which the state has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
(1967, P.A. 717, S. 45.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-186. - Second trial for same offense prohibited.

(a) No person shall, without his consent, be tried a second time in any military court of the state for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
(1967, P.A. 717, S. 46.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-187. - Pleading by accused.

If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
(1967, P.A. 717, S. 47; P.A. 77-295, S. 8; P.A. 89-221, S. 13.)
History: P.A. 77-295 added new Subsecs. (b) and (c) providing for the military judge to hear and dispose of preliminary matters without the presence of the court but in presence of accused, defense and trial counsel and for deliberations and vote of court to be with only members present with all other proceedings recorded and in the presence of the counsels, accused and military judge; P.A. 89-221 deleted Subsecs. (b) and (c) and reenacted them as Subsecs. (a) and (b), respectively, of Sec. 27-181.
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-188. - Obtaining of witnesses and evidence.

(a) The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Governor may prescribe.
(b) The military judge, president of a court-martial, if a special court-martial to which no military judge has been detailed, or a summary court officer may: (1) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court; (2) issue subpoenas duces tecum and other subpoenas; (3) enforce by attachment the attendance of witnesses and the production of books and papers; and (4) sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
(c) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers as prescribed by the laws of the state.
(1967, P.A. 717, S. 48; P.A. 89-221, S. 14.)
History: P.A. 89-221 amended Subsec. (b) to authorize the “military judge” and the president of a court-martial “if a special court-martial to which no military judge has been detailed” to take the enumerated actions.
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-189. - Refusal of witness to appear. Witness fees.

(a) Any person not subject to this code who: (1) Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court; (2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the civil courts of the state; and (3) refuses to appear and testify or refuses to produce any evidence which that person has been duly subpoenaed to produce, may be, by warrant signed by the military judge, by the president of the court-martial, if a special court-martial to which no military judge has been detailed, or by the summary court officer and directed to a state marshal or any constable of the town in which such witness resides, committed to a community correctional center, there to be held at his own expense until discharged by due course of law.
(b) The fees of all witnesses so summoned and of the state marshals, constables or indifferent persons serving such subpoenas shall be the same as provided for in civil actions in the state, and shall be taxed by the president of the court-martial or by the summary court officer.
(c) Such fee when so taxed shall be paid by the State Comptroller to those entitled thereto, upon vouchers prepared by the trial officer or summary court officer and approved by the military judge, by the president of such court-martial, if a special court-martial to which no military judge has been detailed, or, in the case of such summary court officer, by his next higher commander.
(1967, P.A. 717, S. 49; 1969, P.A. 297; P.A. 89-221, S. 15; P.A. 90-230, S. 38, 101; P.A. 00-99, S. 71, 154; P.A. 04-257, S. 96.)
History: 1969 act replaced jails with community correctional centers; P.A. 89-221 amended Subsec. (a) to authorize the “military judge” and the president of the court-martial “if a special court-martial to which no military judge has been detailed” to sign a warrant committing a person to a community correctional center and amended Subsec. (c) to authorize the “military judge” and the president of the court-martial “if a special court-martial to which no military judge has been detailed” to approve vouchers; P.A. 90-230 made technical corrections in Subsecs. (a) and (c); P.A. 00-99 replaced reference to sheriff of the county and deputy sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 04-257 made a technical change in Subsec. (b), effective June 14, 2004.
See Sec. 52-260 re witness fees for witnesses attending civil courts.
See Sec. 52-261 re fees and expenses of officers and persons serving process for civil actions.
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-190. - Contempt.

A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.
(1967, P.A. 717, S. 50.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-191. - Depositions.

(a) At any time after charges have been signed, as provided in section 27-171, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(b) A party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears: (1) That the witness resides or is beyond the state in which the courts-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred miles from the place of trial or hearing; (2) that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable to or refuses to appear and testify in person at the place of trial or hearing; or (3) that the present whereabouts of the witness is unknown.
(1967, P.A. 717, S. 51.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-192. - Sworn testimony in record of court of inquiry admissible, when.

(a) In any case not extending to the dismissal of a commissioned officer the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence, and if the accused was physically present when the testimony was taken.
(b) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(c) Such testimony may also be read in evidence before a court of inquiry or a military board.
(1967, P.A. 717, S. 52.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-194. - Two-thirds vote required for conviction and sentence. Majority vote for other questions. Tie vote.

(a) No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken.
(b) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
(c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a motion for a finding of not guilty or a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
(1967, P.A. 717, S. 54.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-196. - Record of proceedings. Authentication. Copy to accused.

(a) Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the president and the military judge. If the record cannot be authenticated by either the president or the military judge, by reason of his death, disability, or absence, it shall be signed by a member in lieu of him. If both the president and the military judge are unavailable, the record shall be authenticated by two members. A record of the proceedings of a trial in which the sentence adjudged includes a bad-conduct discharge or is more than that which could be adjudged by a special court-martial shall contain a verbatim account of the proceedings and testimony before the court. All other records of trial shall contain such matter and be authenticated in such manner as the Governor may by regulation prescribe.
(b) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection (a) of this section, but has been made, the accused may buy such record under such regulations as the Governor may prescribe.
(1967, P.A. 717, S. 56; P.A. 77-295, S. 9; P.A. 07-217, S. 127.)
History: P.A. 77-295 substituted “military judge” for “law officer” where appearing; P.A. 07-217 made a technical change in Subsec. (b), effective July 12, 2007.
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-197. - Cruel punishments prohibited.

Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, shall not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
(1967, P.A. 717, S. 57.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-199. - Forfeiture of pay and allowances. Running of period of confinement.

(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture shall extend to any pay or allowances accrued before that date.
(b) Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the term of confinement. Regulations prescribed by the Governor may provide that sentences of confinement shall not be executed until approved by designated officers.
(c) All other sentences of courts-martial are effective on the date ordered executed.
(1967, P.A. 717, S. 59.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-200. - Place of confinement. Hard labor.

(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state.
(b) The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(c) The keepers, officers, and wardens of community correctional centers and of other jails, penitentiaries, or prisons designated by the Governor, or by such person as he may authorize to act under section 27-150, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.
(1967, P.A. 717, S. 60; 1969, P.A. 297.)
History: 1969 act replaced jails with community correctional centers.
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-201. - Authority of convening authority over execution of sentence.

Except as provided in sections 27-161 and 27-207, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him. He shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence as approved by him.
(1967, P.A. 717, S. 61.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-202. - Record forwarded to convening authority. Action thereon.

After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or the Governor.
(1967, P.A. 717, S. 62.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-203. - Record of general court-martial referred to staff judge advocate.

The convening authority shall refer the record of each general court-martial to the staff judge advocate, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
(1967, P.A. 717, S. 63.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-204. - Return of record to court for reconsideration or correction of error.

(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(b) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, shall the record be returned: (1) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty; (2) for reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code, or (3) for increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
(1967, P.A. 717, S. 64.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-205. - Convening authority may order rehearing.

(a) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.
(b) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess or more severe than the original sentence shall be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
(1967, P.A. 717, S. 65.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-206. - Approval by convening authority.

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.
(1967, P.A. 717, S. 66.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-208. - Effect of error of law. Approval of guilty finding may be limited to lesser offense.

(a) A finding or sentence of a court-martial 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) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
(1967, P.A. 717, S. 68.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-209. - Rights of accused before reviewing authority.

(a) Upon the final review of a sentence of a general court-martial or a sentence to a bad-conduct discharge, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.
(b) Upon the request of an accused entitled to be so represented, the State Judge Advocate shall appoint a lawyer who is a member of the state military forces and who has the qualifications prescribed in section 27-168, if available, to represent the accused before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate, in the review of cases specified in subsection (a) of this section.
(c) If provided by him, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.
(1967, P.A. 717, S. 69.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-210. - Vacation of suspension of sentence.

(a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he so desires.
(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the state military forces of which the probationer is a member in all other cases covered by subsection (a) of this section. If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
(1967, P.A. 717, S. 70.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-211. - Petition for new trial.

At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable discharge or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
(1967, P.A. 717, S. 71.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-212. - Remission or suspension of unexecuted part of sentence. Substitution of administrative discharge for court-martial discharge.

(a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
(b) The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
(1967, P.A. 717, S. 72.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-213. - Restoration of rights and property after sentence set aside or disapproved. Different form of discharge after new trial. Reappointment of officer after new trial.

(a) Under such regulations as the Governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon a new trial or rehearing.
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
(1967, P.A. 717, S. 73.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-214. - Finality and binding effect of actions.

The proceedings, findings and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissal and discharges carried into execution under sentences by courts-martial following review and approval, as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in section 27-201.
(1967, P.A. 717, S. 74.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-215. - No trial for offense not committed on duty.

No person may be tried or punished for any offense provided for in sections 27-216 to 27-260, inclusive, unless it was committed while he was in a duty status.
(1967, P.A. 717, S. 75.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-216. - Principal defined.

Any person subject to this code who: (1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission, or (2) causes an act to be done which if directly performed by him would be punishable by this code is a principal.
(1967, P.A. 717, S. 76.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-217. - Accessory after the fact.

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 77.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-218. - Finding of guilty of offense included in charge or of attempt to commit offense charged or included in charge.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
(1967, P.A. 717, S. 78.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-219. - Attempt to commit an offense.

(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
(1967, P.A. 717, S. 79.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-220. - Conspiracy.

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
(1967, P.A. 717, S. 80.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-221. - Solicitation to desertion, mutiny, misbehavior or sedition.

(a) Any person subject to this code who solicits or advises another or others to desert in violation of section 27-224 or mutiny in violation of section 27-233 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.
(b) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 27-238 or sedition in violation of section 27-233 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 81.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-222. - Procuring of enlistment or separation by false representations or concealment.

Any person who: (1) Procures his own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder, or (2) procures his own separation from the state military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 82.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-223. - Effecting of enlistment, appointment or separation of ineligible person.

Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 83.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-224. - Desertion.

(a) Any member of the state military forces who: (1) Without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service, or (3) without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he has not been regularly separated is guilty of desertion.
(b) Any commissioned officer of the state military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 84.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-225. - Absence without leave.

Any person subject to this code who, without authority: (1) Fails to go to his appointed place of duty at the time prescribed; (2) goes from that place, or (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 85.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-226. - Missing movement.

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 86.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-227. - Contempt towards President or Governor.

Any person subject to this code who uses contemptuous words against the President, the Governor, or the Governor of any other state, territory, commonwealth or possession in which that person may be serving, shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 87.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-229. - Assaulting or disobeying command of superior officer.

Any person subject to this code who: (1) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office, or (2) wilfully disobeys a lawful command of his superior commissioned officer shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 89.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-230. - Offenses against warrant officer, noncommissioned officer or petty officer.

Any warrant officer or enlisted member who: (1) Strikes or assaults a warrant officer, noncommissioned officer or petty officer, while that officer is in the execution of his office; (2) wilfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer, or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 90.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-231. - Failure to obey orders or regulations.

Any person subject to this code who: (1) Violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the state military forces which it is his duty to obey, fails to obey the order, or (3) is derelict in the performance of his duties shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 91.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-232. - Cruelty, oppression or maltreatment of subordinate.

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 92.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-233. - Mutiny. Sedition.

(a) Any person subject to this code who: (1) With intent to usurp or override lawful military authority refuses in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 93.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-234. - Resisting or breaking arrest. Escape.

Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 94.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-235. - Illegal release of prisoner. Aiding escape.

Any person subject to this code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
(1967, P.A. 717, S. 95.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-236. - Illegal arrest or confinement of another.

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 96.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-237. - Unnecessary delay in disposition of case. Failure to observe trial provisions.

Any person subject to this code who: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code, or (2) knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 97.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-238. - Misbehavior in presence of enemy.

Any person subject to this code who before or in the presence of the enemy: (1) Runs away; (2) shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his duty to defend; (3) through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property; (4) casts away his arms or ammunition; (5) is guilty of cowardly conduct; (6) quits his place of duty to plunder or pillage; (7) causes false alarms in any command, unit or place under control of the armed forces of the United States or the state military forces; (8) wilfully fails to do his utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his duty so to encounter, engage, capture or destroy, or (9) does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 98.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-239. - Compelling surrender or abandonment to enemy.

Any person subject to this code who compels or attempts to compel the commander of any of the state military forces of this state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 99.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-240. - Disclosure of parole or countersign.

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 100.)
2023 Connecticut General Statutes › Title 27 - Armed Forces and Veterans › Chapter 507 - Connecticut Code of Military Justice › Section 27-242. - Illegal disposition of captured property. Looting.

(a) All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured and abandoned property in their possession, custody or control.
(b) Any person subject to this code who: (1) Fails to carry out the duties prescribed in subsection (a) of this section; (2) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby the person receives or expects any profit, benefit, or advantage to the person or another directly or indirectly connected with the person; or (3) engages in looting or pillaging shall be punished as a court-martial may direct.
(1967, P.A. 717, S. 102; P.A. 07-217, S. 130.)
History: P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007.