119-87 is not ingested; this is Title 10 as published at 119-83 (2026-04-13), which is the latest release point at or before it that carries this title.
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§ 844.
Art. 44. Former jeopardy
(a)
No person may, without his consent, be tried a second time 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 article until the finding of guilty has become final after review of the case has been fully completed.
(c)
(1)
A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
(2)
A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused—
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
In subsection (a), the word “may” is substituted for the word “shall”.
In subsection (b), the word “is” is substituted for the words “shall be held to be”.
In subsection (c), the word “after” is substituted for the words “subsequent to”. The word “before” is substituted for the words “prior to”. The word “is” is substituted for the words “shall be”.
Editorial Notes
Amendments
2021—Subsec. (c). Pub. L. 117–81 inserted “or the special trial counsel” after “the convening authority” in two places.
2016—Subsec. (c). Pub. L. 114–328 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “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 article.”
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–81 effective on the date that is two years after
Dec. 27, 2021
, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after
, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.