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10 USC § 949h - Former jeopardy

---
identifier: "/us/usc/t10/s949h"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 949h - Former jeopardy"
title_number: 10
title_name: "ARMED FORCES"
section_number: "949h"
section_name: "Former jeopardy"
chapter_number: 47
chapter_name: "MILITARY COMMISSIONS"
subchapter_number: "IV"
subchapter_name: "TRIAL PROCEDURE"
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: "(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587.)"
---

# § 949h. Former jeopardy

**(a)** **In General.—** No person may, without the person’s consent, be tried by a military commission under this chapter a second time for the same offense.

**(b)** **Scope of Trial.—** No proceeding in which the accused has been found guilty by military commission under this chapter upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

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**Source Credit**: (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587.)

## Editorial Notes

### Prior Provisions

A prior section 949h, added , , , related to former jeopardy, prior to the general amendment of this chapter by .