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what is article 13 ucmj

Date : 13-03-2023

Article 13 of the Uniform Code of Military Justice (UCMJ) is related to the disposition of charges. It states that any commanding officer who receives a report of a criminal offense committed by a member of the military under his or her command must examine the report and determine what action to take.

If the commanding officer believes that the evidence of an offense is not sufficient to warrant a trial by court-martial, or if the charges are not supported by the evidence, then the charges may be dismissed. However, if the commanding officer believes that the evidence is sufficient to support a trial, then the charges must be referred to a court-martial or other military tribunal for trial.

Article 13 also states that a member of the military who has been placed in arrest or confinement must be informed of the specific charges against them as soon as possible. Additionally, they have the right to request legal counsel and to be given a reasonable opportunity to obtain such counsel.

It's worth noting that Article 13 is not a standalone offense, but rather a procedural guideline that outlines how charges should be handled in the military justice system.