§ 30-13-34. Investigation.
(a) No charge or specification may be referred to a general court-martial for trial until
a thorough and impartial investigation of all the matters set forth therein has been
made. This investigation shall include inquiry as to the truth of the matter set forth
in the charges, consideration of the form of charges, and a recommendation as to the
disposition that should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him or her and of his or her right
to be represented at that investigation by counsel. Upon the a
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§ 30-13-34. Investigation.
(a) No charge or specification may be referred to a general court-martial for trial until
a thorough and impartial investigation of all the matters set forth therein has been
made. This investigation shall include inquiry as to the truth of the matter set forth
in the charges, consideration of the form of charges, and a recommendation as to the
disposition that should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him or her and of his or her right
to be represented at that investigation by counsel. Upon the accused's own request,
he or she shall be represented by civilian counsel if provided by him or her; or military
counsel of his or her own selection if military counsel is reasonably available; or
by counsel detailed by the officer exercising general court-martial jurisdiction over
the command. At that investigation, full opportunity shall be given to the accused
to cross-examine witnesses against him or her if they are available, and to present
anything he or she may desire in his or her own behalf, either in defense or mitigation,
and the investigating officer shall examine witnesses requested by the accused. If
the charges are forwarded after the investigation, they shall be accompanied by a
statement of the substance of the testimony taken on both sides and a copy thereof
shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before
the accused is charged with the offense, and if the accused was present at the investigation
and afforded the opportunities for representation, cross-examinations, and presentation
prescribed in subsection (b) of this section, no further investigation of that charge
is necessary under this section unless it is demanded by the accused after he or she
is informed of the charge. A demand for further investigation entitles the accused
to recall witnesses for further cross-examination and to offer any new evidence in
his or her own behalf.
(d) The requirements of this section are binding on all persons administering this code,
but failure to follow them does not divest a military court of jurisdiction.