Section 130.32. Investigation  


Latest version.
  • (a)  No  charge  or specification shall 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 inquiries as to the truth of  the
      matter  set  forth  in the charges, form of charges, and the disposition
      which should be made  of  the  case  in  the  interest  of  justice  and
      discipline.
        (b) The accused shall be advised of the charges against him and of his
      right  to  be represented at such investigation by counsel. Upon his own
      request he shall be represented by civilian counsel if provided  by  him
      at  his  own  expense,  or military counsel of his own selection if such
      counsel be reasonably available, or by counsel appointed by the adjutant
      general. At such investigation full opportunity shall be  given  to  the
      accused to cross-examine witnesses against him if they are available and
      to  present  anything he may desire in his own behalf, either in defense
      or mitigation, and the investigating  officer  shall  examine  available
      witnesses  requested  by the accused. If the charges are forwarded after
      such 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 prior to the time the accused is charged with the offense, and
      if  the  accused  was  present  at  such  investigation and afforded the
      opportunities for representation,  cross-examination,  and  presentation
      prescribed  in subdivision (b) of this section, no further investigation
      of that charge is necessary under this section unless it is demanded  by
      the  accused  after  he  is informed of the charge. A demand for further
      investigation entitled the  accused  to  recall  witnesses  for  further
      cross-examination and to offer any new evidence in his own behalf.
        (d)  The  requirements of this section shall be binding on all persons
      administering this code, but failure to follow them in  any  case  shall
      not divest a military court of jurisdiction.