Suspension of execution of sentence;

remission (a) In general. Suspension of a sentence grants the II-106 accused a probationary period during which the suspended part of a sentence is not executed, and upon the accused’s successful completion of which the suspended part of the sentence shall be remitted. Remission cancels the unexecuted part of a sentence to which it applies. The unexecuted part of a sentence is that part of the sentence that has not been carried out. (b) Who may suspend and remit. (1) Suspension when acting on sentence. The convening authority may suspend the execution of a court-martial sentence as authorized under R.C.M. 1109 or 1110. (2) Suspension after entry of the convening authority’s successor judgment. The convening authority who convened the original court- martial, in command, or a convening authority otherwise designated by the Secretary concerned may suspend any part of the unexecuted part of any sentence except a sentence of death, dishonorable discharge, bad- conduct discharge, dismissal, or confinement for more than six months. (3) Remission of sentence. The commander of the accused who has the authority to convene a court- martial of the type that imposed the sentence on the accused may remit any unexecuted part of the sentence, except a sentence of death, dishonorable discharge, bad-conduct discharge, dismissal, or confinement for more than six months. (4) Secretarial authority. The Secretary concerned and, when designated by the Secretary concerned, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may suspend or remit any part or amount of the unexecuted part of any sentence other than a sentence approved by the President or a sentence of confinement for life without eligibility for parole. The Secretary concerned may, however, suspend or remit the unexecuted part of a sentence of confinement for life without eligibility for parole only after the service of a period of confinement of not less than 20 years. (c) Conditions of suspension. The authority who suspends the execution of the sentence of a court- martial shall: (1) Specify in writing the conditions of the suspension; (2) Cause a copy of the conditions of the suspension to be served on the probationer; and (3) Cause a receipt to be secured from the probationer for service of the conditions of the suspension. proceedings. Unless otherwise stated, an action suspending a sentence includes as a condition that the probationer not violate any punitive article of the Uniform Code of Military Justice. (d) Limitations on suspension. (1) A sentence of death may not be suspended. (2) A sentence of dishonorable discharge, bad- conduct discharge, dismissal, or confinement for more than six months may be suspended only as provided by paragraph (b)(4) and R.C.M. 1109(f). (3) Suspension shall be for a stated period or until the occurrence of an anticipated future event. The period shall not be unreasonably long. The Secretary concerned may further limit by regulation the period for which the execution of a sentence may be suspended. The convening authority shall provide in the action that, unless the suspension is sooner vacated, the expiration of the period of suspension shall remit the suspended portion of the sentence. (e) Termination of suspension by remission. Expiration of the period provided in the action suspending a sentence or part of a sentence shall remit the suspended sentence portion unless the suspension is sooner vacated. Death or separation which terminates status as a person subject to the UCMJ will result in remission of the suspended portion of the sentence.