Simple English definitions for legal terms
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Preferring of charges: This is a formal process in military law where a person signs and swears to the charges and specifications on a charge sheet. Only someone who is subject to the Uniform Code of Military Justice can prefer charges. It is different from the initiation of charges.
Definition: Preferring of charges is the formal completion of a charge sheet in military law. This includes signing and swearing to the charges and specifications. Only a person who is subject to the Uniform Code of Military Justice can prefer charges.
Example: A soldier is accused of stealing from the base commissary. The commanding officer investigates the matter and decides to prefer charges against the soldier. The charges are then formally completed and signed, and the soldier is notified of the charges against them.
Explanation: In this example, the commanding officer is the person who prefers the charges against the soldier. They complete the charge sheet by signing and swearing to the charges and specifications. This formal process is necessary to ensure that the accused is aware of the charges against them and can prepare a defense.