§ 825a — Art. 25a. Number Of Court-martial Members In Capital Cases

(a) In a case in which the accused may be sentenced to death, the number of members shall be 12. (b) Subject to section 829 of this title (article 29)— (1) if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be sentenced to death, the number of members shall be eight; and (2) if a case is referred for trial as a capital case and, after the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.