Entry of judgment

(a) In general. (1) Scope. Under regulations prescribed by the Secretary concerned, the military judge of a general or special court-martial shall enter into the record of trial the judgment of the court. If the Chief Trial Judge determines that the military judge is not reasonably available, the Chief Trial Judge may detail another military judge to enter the judgment. (2) Purpose. The judgment reflects the result of the court-martial, as modified by any post-trial actions, rulings, or orders. The entry of judgment terminates the trial proceedings and initiates the appellate process. (3) Summary courts-martial. In a summary court- martial, the findings and sentence of the court-martial, as modified or approved by the convening authority, constitute the judgment of the court-martial. A separate document need not be issued. (b) Contents. The judgment of the court shall be signed and dated by the military judge and shall consist of— (1) Findings. For each charge and specification referred to trial— (A) a summary of each charge and specification; (B) the plea of the accused; and (C) the findings or other disposition of each charge and specification accounting for any modifications made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge; (2) Sentence. The sentence, accounting for any modifications made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge, as well as the total amount of sentence credit, if any, to be applied to the accused’s sentence to confinement. If the accused was convicted of more than one specification and any part of the sentence was determined by a military judge, the judgment shall also specify— (A) the confinement and fine for each specification, if any; (B) whether any term of confinement shall run consecutively or concurrently with any other term(s) of confinement; and (C) the total amount of any fine(s) and the total duration of confinement to be served, after accounting for the following— II-113 (i) any terms of confinement that are to run consecutively or concurrently; and (ii) any modifications to the sentence made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge. (3) Additional information. (A) Deferment. If the accused requested that any portion of the sentence be deferred, the judgment shall specify the nature of the request, the convening authority’s action, the effective date if approved, and, if the deferment ended prior to the entry of judgment, the date the deferment ended. (B) Waiver of automatic forfeitures. If the accused requested that automatic forfeitures be waived by the convening authority under Article 58b, the judgment shall specify the nature of the request, the convening authority’s action, and the effective date and length, if approved. (C) Suspension. If the Statement of Trial Results included a recommendation by the military judge that a portion of the sentence be suspended, the judgment shall specify the action of the convening authority on the recommendation. (D) Reprimand. If the sentence included a reprimand, the judgment shall contain the reprimand issued by the convening authority. (E) Rehearing. If the judgment is entered after a rehearing, new trial or other trial, the judgment shall specify any sentence limitation applicable by operation of Article 63. (F) Other information. Any additional information that the Secretary concerned may require by regulation. (4) Statement of Trial Results. The Statement of Trial Results shall be included in the judgment in accordance with the Secretary concerned. (c) Modification of judgment. The judgment may be modified as follows— regulations prescribed by (1) The military judge who entered a judgment may issue a modified judgment to correct any errors prior to certification of the record of trial under R.C.M. 1112. (2) The Court of Criminal Appeals, the Court of Appeals for the Armed Forces, and the Judge Advocate General or the Judge Advocate General’s designee may modify a judgment in the performance of their duties and responsibilities. II-114 (3) If a case is remanded to a military judge, the military judge may modify the judgment consistent with the purposes of the remand. (4) Any modification to the judgment of a court- martial must be included in the record of trial. (d) Rehearings, new trials, and other trials. In the case of a rehearing, new trial, or other trial, the military judge shall enter a new judgment into the record of trial to reflect the results of the rehearing, new trial, or other trial. (e) When judgment is entered. (1) Courts-martial without a finding of guilty. When a court-martial results in a full acquittal or when a court-martial terminates before findings, the judgment shall be entered as soon as practicable. When a court- martial results in a finding of not guilty only by reason of lack of mental responsibility of all charges and specifications, the judgment shall be entered as soon as practicable after a hearing is conducted under R.C.M. 1105. (2) Courts-martial with a finding of guilty. If a court- martial includes a finding of guilty to any specification or charge, the judgment shall be entered as soon as practicable after the staff judge advocate or legal advisor notifies the military judge of the convening authority’s post-trial action or decision to take no action under R.C.M. 1109 or 1110, as applicable. (f) Publication. (1) The judgment shall be entered into the record of trial. (2) A copy of the judgment shall be provided to the accused or to the accused’s defense counsel. If the judgment is served on defense counsel, defense counsel shall, by expeditious means, provide the accused with a copy. (3) A copy of the judgment shall be provided upon request to any crime victim or crime victim’s counsel in the case, without regard to whether the accused was convicted or acquitted of any offense. (4) The commander of the accused or the convening authority may publish the judgment of the court- martial to their respective commands. (5) Under regulations prescribed by the Secretary of Defense, court-martial judgments shall be made available to the public.