(a) General rule.--No person subject to this part shall, without the person's consent, be tried a second time for the same offense. Prosecution under this part shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction.
(b) Definition of trial.--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 section until the finding of guilty has become final after review of the case has been fully completed. However, 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 section.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 5701 - Governor and department may prescribe rules
Section 5702 - Unlawfully influencing action of court
Section 5703 - Duties of trial counsel and defense counsel
Section 5707 - Oaths or affirmations
Section 5708 - Statute of limitations
Section 5709 - Former jeopardy
Section 5710 - Pleas of the accused
Section 5711 - Opportunity to obtain witnesses and other evidence
Section 5712 - Refusal to appear or testify
Section 5715 - Admissibility of records of courts of inquiry
Section 5716 - Voting and rulings
Section 5717 - Number of votes required
Section 5718 - Court to announce action
Section 5719 - Record of trial
Section 5720 - Defense of lack of mental responsibility
Section 5721 - Effect of finding of lack of mental capacity on trial proceedings
Section 5722 - Trial finding of lack of mental responsibility