(a) Conviction.--No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of accused) or by the concurrence of two-thirds of the members present at the time the vote is taken.
(b) Other matters.--All other matters to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the accused's sanity is a determination against the accused. A tie vote on any other matter is a determination in favor of the accused.
Cross References. Section 5717 is referred to in sections 5716, 5720 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