A person charged with absence without leave or missing movement in
time of war, or with any offense punishable by death, may be tried
at any time without limitation.
Except as otherwise provided in this section (article), a person
charged with an offense is not liable to be tried by court-martial
if the offense was committed more than five years before the receipt
of sworn charges and specifications by an officer exercising summary
court- martial jurisdiction over the command.
A person charged with an offense is not liable to be punished under
section 815 of this title (article
15) if the offense was committed
more than two years before the imposition of punishment.
Periods in which the accused is absent without authority or fleeing
from justice shall be excluded in computing the period of limitation
prescribed in this section (article).
Periods in which the accused was absent from territory in which the
United States 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 article.
For an offense the trial of which in time of war is certified to the
President by the Secretary concerned to be detrimental to the prosecution
of the war or inimical to the national security, the period of limitation
prescribed in this article is extended to six months after the termination
of hostilities as proclaimed by the President or by a joint resolution
When the United States is at war, the running of any statute of limitations
applicable to any offense under this chapter--
involving fraud or attempted fraud against the United States or any
agency thereof in any manner, whether by conspiracy or not;
committed in connection with the acquisition, care, handling, custody,
control, or disposition of any real or personal property of the United
committed in connection with the negotiation, procurement, award,
performance, payment, interim financing, cancellation, or other termination
or settlement, of any contract, subcontract, or purchase order which
is connected with or related to the prosecution of the war, or with
any disposition of termination inventory by any war contractor or
suspended until three years after the termination of hostilities as
proclaimed by the President or by a joint resolution of Congress.
If charges or specifications are dismissed or insufficient for any
cause and the period prescribed by the applicable statute of limitations--
has expired; or
will expire within 180 days after the date of dismissal of the
charges and specifications, trial and punishment under new charges
and specifications are not bared by the statute of limitations
if the conditions specified in paragraph (2) are met.
The conditions referred to in paragraph (1) are that the new charges
and specifications must--
be received by an officer exercising summary court-martial jurisdiction
over the command within 180 days after dismissal of the charges
or specifications; and
allege the same acts or omissions that were alleged in the dismissed
charges or specifications (or allege acts or omissions that were
included in the dismissed charges or specifications).
Next Article > ART.
44. FORMER JEOPARDY