Protection from being tried twice for the same offense

(a) No person shall without the person's consent be tried a second time in any military court of the State for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial under this section until the finding of guilty has become final after review of the case has been fully completed. (c) A court-martial with a military judge alone is a trial in the sense of this section if, without fault of the accused: (1) After introduction of evidence; and (2) Before announcement of findings under section 124B-79, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses. (d) A court-martial with a military judge and members is a trial in the sense of this section if, without fault of the accused: (1) After the members, having taken an oath or affirmation as members under section 124B-67 and after completion of challenges under section 124B-66, are impaneled; and (2) Before announcement of findings under section 124B-79, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.