§5919. Appeal by the Commonwealth.

(a) General rule.--In a trial by court-martial in which a punitive discharge may be adjudged, the Commonwealth may appeal the following:

(1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.

(2) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.

(3) An order or ruling which directs the disclosure of classified information.

(4) An order or ruling which imposes sanctions for nondisclosure of classified information.

(5) A refusal of the military judge to issue a protective order sought by the Commonwealth to prevent the disclosure of classified information.

(6) A refusal by the military judge to enforce a protective order sought by the Commonwealth to prevent the disclosure of classified information which has previously been issued by appropriate authority.

(b) Exceptions.--Notwithstanding subsection (a), the Commonwealth may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration.

(c) Written notice required.--An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

(d) Diligent prosecution required.--An appeal under this section shall be diligently prosecuted. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

(e) Action by Superior Court.--An appeal under this section shall be forwarded to the Superior Court. In ruling on an appeal under this section, the court may act only with respect to matters of law.