§ 853. Art. 53. Findings and sentencing

• (a) A court-martial shall announce its findings and sentence to the parties as soon as determined.
• (b)
  • (1)
    • (A) Except as provided in subparagraph (B), and in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused.
    • (B) If the accused is convicted of an offense by general or special court-martial consisting of a military judge and members and the accused elects sentencing by members under section 825 of this title (article 25), the members shall sentence the accused.
    • (C) The sentence determined pursuant to this paragraph constitutes the sentence of the accused.
  • (2) If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
• (c)
  • (1) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.
  • (2) In accordance with regulations prescribed by the President, the court-martial may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.
  • (3) In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.