Section 44: Former jeopardy
Article 44. Former jeopardy.
(a) No person shall, without the person's consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial for the purposes of this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be considered to be a trial in the sense of this article.