10 USC § 813 - Art. 13. Punishment prohibited before trial

---
identifier: "/us/usc/t10/s813"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 813 - Art. 13. Punishment prohibited before trial"
title_number: 10
title_name: "ARMED FORCES"
section_number: "813"
section_name: "Art. 13. Punishment prohibited before trial"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "II"
subchapter_name: "APPREHENSION AND RESTRAINT"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97–81, § 3, Nov. 20, 1981, 95 Stat. 1087.)"
---


# § 813. Art. 13. Punishment prohibited before trial

No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97–81, § 3, Nov. 20, 1981, 95 Stat. 1087.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 813 | 50:567. | May 5, 1950, ch. 169, § 1 (Art. 13), 64 Stat. 112. |

The words “the provisions of” are omitted as surplusage. The word “results” is changed to the singular. The word “may” is substituted for the word “shall”.

## Editorial Notes

### Amendments

1981— substituted “No person, while being held for trial, may be subjected” for “Subject to  (article 57), no person, while being held for trial or the result of trial, may be subjected”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1981 Amendment

Amendment by  to take effect at the end of the 60-day period beginning on , and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of , set out as an Effective Date note under .