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This entry was published on 2014-09-22
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SECTION 130.32
Investigation
Military (MIL) CHAPTER 36, ARTICLE 7, PART 6
§ 130.32. Investigation. (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.