29B.33 - INVESTIGATION.
29B.33 INVESTIGATION.
A charge or specification shall not be referred to a general
court-martial for trial until a thorough and impartial investigation
of all the matters set forth in the charge or specification is 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 which should be
made of the case in the interest of justice and discipline.
The accused shall be advised of the charges and of the right to be
represented at the investigation by counsel. Upon the accused's own
request the accused shall be represented by civilian counsel at the
expense of the accused, or military counsel of the accused's own
selection if such counsel is reasonably available, or by counsel
detailed by the convening authority. At that investigation full
opportunity shall be given to the accused to cross-examine
prosecution witnesses if they are available and to present anything
the accused may desire in the accused's 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.
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-examination, and presentation
prescribed above, no further investigation of that charge is
necessary under this section unless it is demanded by the accused
after the accused 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 the accused's own
behalf.
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.33; 82 Acts, ch 1042, § 17]
Referred to in § 29B.2