Page 331 - Trump Executive Orders 2017-2021

10034 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

under this rule, and shall advise such crime victims on the procedure for making submissions.
(2) Crime victim defined. As used in this rule, the term "crime victim" means an individual
who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of
an offense of which the accused was found guilty, and on which the convening authority may
take action under R.C.M. 1109 or 1110, or the individual's lawful representative or designee
appointed by the military judge under these rules.
(c) Nfatters submitted by a crime victim.
(1) Subject to paragraph (2), a crime victim may submit to the convening authority any
matters that may reasonably tend to inform the convening authority's exercise of discretion
under R.C.M. 1109 or 1110. The convening authority is only required to consider written
submissions. Submissions are not subject to the Military Rules of Evidence.
(2) Limitations on submissions.
(A) Submissions under this rule may not include matters that relate to the character of the
accused unless such matters were admitted as evidence at trial.
(B) The crime victim is entitled to one opportunity to submit matters to the convening
authority under this rule.
(3) The convening authority shall ensure any matters submitted by a crime victim
under this subsection be provided to the accused as soon as practicable.
(d) Access to court-martial record Upon request by a crime victim or crime victim's
counsel, trial counsel shall provide a copy of the recording of all open sessions of the
court-martial, and copies of, or access to, the evidence admitted at the court-martial, and
the appellate exhibits. Such access shall not include sealed or classified court-mattial
material or recordings unless authorized by a military judge upon a showing of good
cause. A military judge shall issue appropriate protective orders when authorizing such
access.
(e) Time period'>.
(1) General and special courts-martial. After a trial by general or special court-martial, a
crime victim may submit matters to the convening authority under this rule within ten days after
the sentence is announced.
(2) Summary courts-martial. After a trial by summary court-martial, a crime victim may
submit matters under this rule within seven days after the sentence is announced.
(3) l!.'xtension of time.
(A) If, within the petiod described in paragraph (1) or (2), the crime victim shows
that additional time is required for the crime victim to submit matters, the convening
authority may, for good cause, extend the period for not more than 20 days.
(B) For purposes of this rule, good cause for an extension ordinarily does not include the
need to obtain matters that reasonably could have been obtained prior to the conclusion of the
court-martial.
(f) Waiver.
(1) Failure to submit matters. Failure to submit matters within the time prescribed by this
rule waives the right to submit such matters.
(2) Written waiver. A crime victim may expressly waive, in writing, the right to submit
matters under this rule. Once filed, such a waiver may not be revoked.

Rule 1107. Suspension of execution of sentence; remission
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(a) In general. Suspension of a sentence grants the accused a probationary period during which
the suspended part of a sentence is not executed, and upon the accused's successful completion

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