123STA T . 2 598PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 Ifthemil it aryjudg efi n d s that su c h po rtion of the statement is inconsistent w ith the testimony of the witness or that its disclosure is necessary to afford the accused a fair trial , the military judge, shall, upon the re q uest of the trial counsel, re v iew alternatives to disclosure in accordance with section 94 9p –6( d ) of this title .‘ ‘ SUBCHAPTERV I — SE N TENCES ‘ ‘ Sec. ‘‘ 94 9 s . Cru e lo ru n usu a l p un i s hm en t s prohi b ite d . ‘‘949t. M a x imum limits. ‘‘949u. E xecution o f confinement. ‘ ‘ §94 9 s.Cruelo ru n usu a l p un i s hm en t s prohi b ite d ‘‘Punishment b y flogging, or by branding, mar k ing, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a military commission under this chapter or inflicted under this chapter upon any person subject to this chapter. The use of irons, single or double, e x cept for the purpose of safe custody, is prohibited under this chapter. ‘‘§ 949t. M a x imum limits ‘‘The punishment which a military commission under this chapter may direct for an offense may not exceed such limits as the President or Secretary of D efense may prescribe for that offense. ‘‘§ 949u. E xe c ution o f confinement ‘‘(a) I NGE NE RAL .—Under such regulations as the Secretary of Defense may prescribe, a sentence of confinement adjudged by a military commission under this chapter may be carried into execution by confinement— ‘‘( 1 ) in any place of confinement under the control of any of the armed forces
or ‘‘( 2 ) in any penal or correctional institution under the con - trol of the United States or its allies, or which the United States may be allowed to use. ‘‘(b) TREA TM ENT D U R I N G C O N F INEMENT BYO T H ER THAN THE ARME DF OR C E S .—Persons confined under subsection (a)(2) in a penal or correctional institution not under the control of an armed force are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Columbia, or place in which the institution is situated. ‘‘SUBCHAPTER VII—POST-TRIA L PROCEDURE AND REVIE W OF M ILITAR Y COMMISSIONS ‘‘Sec. ‘‘9 50 a. Error of la w; lesser included offense. ‘‘950b. R e v iew b y the convenin g authority. ‘‘950c. A ppellate referral; waiver or withdrawal of appeal. ‘‘950d. I nterlocutory appeals by the U nited States. ‘‘950e. Rehearings. ‘‘950f. Review by United States Court of Military Commission Review. ‘‘950g. Review by United States Court of Court of Appeals for the D istrict of Colum - bia Circuit; writ of certiorari to Supreme Court. ‘‘950h. Appellate counsel. ‘‘950i. Execution of sentence; suspension of sentence. ‘‘950 j . F inality of proceedings , findings, and sentences. Regulations.
