Which article of the Uniform Code of Military Justice is considered a definition article and non-chargeable?

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Article 77 of the Uniform Code of Military Justice (UCMJ) is recognized as a definition article because it specifically addresses the concept of "accessory after the fact." This article provides a clear definition of what constitutes someone who assists a principal offender after a crime has been committed, detailing the circumstances in which this individual can be charged. However, it is classified as non-chargeable because it does not create an independent criminal offense; instead, it describes a relationship between parties involved in a crime that supports other charges under the UCMJ.

Understanding the role of definition articles within the UCMJ is crucial for military legal practitioners, as these definitions help clarify legal terms and their applications, but do not themselves constitute charges that can be brought against a service member. This highlights the importance of Article 77 in establishing a framework for interpreting related offenses without being an offense itself.

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