(a) Inadequacy or lack of pleading.--A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if, after arraignment before a court martial:
(1) an accused makes an irregular pleading;
(2) after a plea of guilty an accused sets up matter inconsistent with the plea;
(3) it appears that an accused has entered a plea of guilty improvidently or through lack of understanding or its meaning and effect; or
(4) an accused fails or refuses to plead.
(b) Plea of guilty.--With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
Cross References. Section 5710 is referred to in section 5717 of this title.
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