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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 813. Art. 13. Punishment prohibited before trial

Statutory text

No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 41 · 70A Stat. 41

    Enacted · 10 U.S.C. § 813

    Aug. 10, 1956, ch. 1041, 70A Stat. 41

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 41

  2. Pub. L. 97–81 § 3 · 95 Stat. 1085

    Substituted · 10 U.S.C. § 813

    Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”

    Source evidence

    Code amendment note
    Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.

    Enacted provision · exact public law section
    Sec. 3. post-trial confinement Section 813 (article 13) is amended— 10 USC 813. (1) by striking out “Subject to section 857 of this title (article 57), no” and inserting in lieu thereof “No”; and (2) by striking out “or the result of trial”.

    Effective date note
    Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
81350:567.May 5, 1950, ch. 169, § 1 (Art. 13), 64 Stat. 112.

The words “the provisions of” are omitted as surplusage. The word “results” is changed to the singular. The word “may” is substituted for the word “shall”.

Editorial Notes

Amendments

1981—Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on , and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.

Credits

1956–1981 · 2 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 41
  2. 1981Pub. L. 97–81, § 3, , 95 Stat. 1087.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97–81, § 3, , 95 Stat. 1087.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s813