Pub. L. 84-1028, tit. 10, subtit. A, pt. II, ch. 47, subch. VII, sec. 843

Art. 43. Statute of limitations

EnactedYear: 1956Length: 434 wordsOfficial source
§ 843. Art. 43. Statute of limitations (a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy, mutiny, or murder, may be tried and punished at any time without limitation. (b) Except as otherwise provided in this article, a person charged with desertion in time of peace or any of the offenses punishable under sections 919–932 of this title (articles 119–132) is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. (c) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by court-martial or punished under section 815 of this title (article 15) if the offense was committed more than two years before the receipt of sworn charges and speci-52fications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under section 815 of this title (article 15). (d) 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. (e) 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 of Congress. (f) When the United States is at war, the running of any statute of limitations applicable to any offense under this chapter— (1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not; (2) committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States; or (3) 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 Government agency; is suspended until three years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress.
Pub. L. 84-1028, tit. 10, subtit. A, pt. II, ch. 47, subch. VII, sec. 843: Art. 43. Statute of limitations | Justis AI