§ 30-13-34 Investigation. – (a) No charge or specification may be referred to a general court-martial fortrial until a thorough and impartial investigation of all the matters set forththerein has been made. This investigation shall include inquiry as to the truthof the matter set forth in the charges, consideration of the form of charges,and a recommendation as to the disposition which should be made of the case inthe interest of justice and discipline.
(b) The accused shall be advised of the charges against himor her and of his or her right to be represented at that investigation bycounsel. Upon the accused's own request he or she shall be represented bycivilian counsel if provided by him or her, or military counsel of his or herown selection if military counsel is reasonably available, or by counseldetailed by the officer exercising general court-martial jurisdiction over thecommand. At that investigation full opportunity shall be given to the accusedto cross-examine witnesses against him or her if they are available and topresent anything he or she may desire in his or her own behalf, either indefense or mitigation, and the investigating officer shall examine witnessesrequested by the accused. If the charges are forwarded after the investigation,they shall be accompanied by a statement of the substance of the testimonytaken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offensehas been conducted before the accused is charged with the offense, and if theaccused was present at the investigation and afforded the opportunities forrepresentation, cross-examinations, and presentation prescribed in subsection(b) of this section, no further investigation of that charge is necessary underthis section unless it is demanded by the accused after he or she is informedof the charge. A demand for further investigation entitles the accused torecall witnesses for further cross-examination and to offer any new evidence inhis or her own behalf.
(d) The requirements of this section are binding on allpersons administering this code, but failure to follow them does not divest amilitary court of jurisdiction.
§ 30-13-34 Investigation. – (a) No charge or specification may be referred to a general court-martial fortrial until a thorough and impartial investigation of all the matters set forththerein has been made. This investigation shall include inquiry as to the truthof the matter set forth in the charges, consideration of the form of charges,and a recommendation as to the disposition which should be made of the case inthe interest of justice and discipline.
(b) The accused shall be advised of the charges against himor her and of his or her right to be represented at that investigation bycounsel. Upon the accused's own request he or she shall be represented bycivilian counsel if provided by him or her, or military counsel of his or herown selection if military counsel is reasonably available, or by counseldetailed by the officer exercising general court-martial jurisdiction over thecommand. At that investigation full opportunity shall be given to the accusedto cross-examine witnesses against him or her if they are available and topresent anything he or she may desire in his or her own behalf, either indefense or mitigation, and the investigating officer shall examine witnessesrequested by the accused. If the charges are forwarded after the investigation,they shall be accompanied by a statement of the substance of the testimonytaken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offensehas been conducted before the accused is charged with the offense, and if theaccused was present at the investigation and afforded the opportunities forrepresentation, cross-examinations, and presentation prescribed in subsection(b) of this section, no further investigation of that charge is necessary underthis section unless it is demanded by the accused after he or she is informedof the charge. A demand for further investigation entitles the accused torecall witnesses for further cross-examination and to offer any new evidence inhis or her own behalf.
(d) The requirements of this section are binding on allpersons administering this code, but failure to follow them does not divest amilitary court of jurisdiction.
§ 30-13-34 Investigation. – (a) No charge or specification may be referred to a general court-martial fortrial until a thorough and impartial investigation of all the matters set forththerein has been made. This investigation shall include inquiry as to the truthof the matter set forth in the charges, consideration of the form of charges,and a recommendation as to the disposition which should be made of the case inthe interest of justice and discipline.
(b) The accused shall be advised of the charges against himor her and of his or her right to be represented at that investigation bycounsel. Upon the accused's own request he or she shall be represented bycivilian counsel if provided by him or her, or military counsel of his or herown selection if military counsel is reasonably available, or by counseldetailed by the officer exercising general court-martial jurisdiction over thecommand. At that investigation full opportunity shall be given to the accusedto cross-examine witnesses against him or her if they are available and topresent anything he or she may desire in his or her own behalf, either indefense or mitigation, and the investigating officer shall examine witnessesrequested by the accused. If the charges are forwarded after the investigation,they shall be accompanied by a statement of the substance of the testimonytaken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offensehas been conducted before the accused is charged with the offense, and if theaccused was present at the investigation and afforded the opportunities forrepresentation, cross-examinations, and presentation prescribed in subsection(b) of this section, no further investigation of that charge is necessary underthis section unless it is demanded by the accused after he or she is informedof the charge. A demand for further investigation entitles the accused torecall witnesses for further cross-examination and to offer any new evidence inhis or her own behalf.
(d) The requirements of this section are binding on allpersons administering this code, but failure to follow them does not divest amilitary court of jurisdiction.
