51 Pa. C.S. § 5904

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 5904 - Reconsideration and revision
(a) General rule .-- The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.
(b) Revision not authorized.--In no case may a proceeding in revision:
(1) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(2) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or
(3) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

51 Pa.C.S. § 5904

Added by P.L. 1506 2012 No. 192, § 2, eff. 10/24/2013.