Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 7. TRIAL PROCEDURES

38-2-1044. Double jeopardy.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    No person shall, without his or her consent, be tried a second time for the same offense.#

  2. (b)

    No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial in the sense of this Code section until the finding of guilty has become final after review of the case has been fully completed.#

  3. (c)

    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 shall be a trial in the sense of this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1044, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Cross references

Rights of accused in criminal proceedings, U.S. Const., amend. 5 and Ga. Const. 1983, Art. I, Sec. I, Para. XVIII.

Other notes

U.S. Code.
For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 844.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, pages 476 to 477; merge action: carried; file SHA-256 4eed692485f5.