Article 134 – Wrongful Refusal to Testify

A good faith but legally mistaken belief in the right to remain silent does not constitute a defense to a charge of wrongful to testify. See also Mil. R. Evid.

The accused faces maximum punishment of dishonorable discharge, forfeiture of all pay and allowances and 5 years confinement if he is found guilty of this charge.

In order to be convicted for wrongful refusal to testify, the prosecution must demonstrate that: the accused was in the presence of a court-martial.

When a service member in the United States armed forces refuses to provide testimony in the presence of an official of the court or a law enforcement officer.

The failure to pay must be char- acterized by deceit, evasion, false promises, or other distinctly culpable circumstances indicating a delib- erate nonpayment.

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