830. 30. Charges and specifications
831. 31. Compulsory self-incrimination prohibited.
832. 32. Investigation.
833. 33. Forwarding of charges.
834. 34. Advice of staff judge advocate and reference for trial.
835. 35. Service of charges.
830. ART. 30. CHARGES AND SPECIFICATIONS
(a) Charges and specifications shall be signed by a person subject to
this chapter under oath before a commissioned officer of the armed forces
authorized to administer oaths and shall state--
(1) that the signer has personal knowledge of, or has investigated,
the matters set forth therein; and
(2) that they are true in fact to the best of his knowledge and
belief.
(b) Upon the preferring of charges, the proper authority shall take
immediate steps to determine what disposition should be made thereof in the
interest of justice and discipline, and the person accused shall be
informed of the charges against him as soon as practicable.
(a) No person subject to this chapter may compel any person to
incriminate himself or to answer any questions the answer to which may tend
to incriminate him.
(b) No person subject to this chapter may interrogate, or request any
statement from an accused or a person suspected of an offense without first
informing him of the nature of the accusation and advising him that he does
not have to make any statement regarding the offense of which he is accused
or suspected and that any statement made by him may be used as evidence
against him in a trial by court-martial.
(c) No person subject to this chapter may compel any person to make a
statement or produce evidence before any military tribunal if the statement
or evidence in not material to the issue and may tend to degrade him.
(d) No statement obtained from any person in violation of this article,
or through the use of coercion, unlawful influence, or unlawful inducement
may be received in evidence against him in a trial by court-martial.
832. ART. 32. INVESTIGATION
(a) No charge or specification may be referred to a general court-martial
for trial until a through 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 recommendation as to 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 that investigation as provided in section 838 of
this title (article 38) and in regulations prescribed under that section.
At that 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 investigation officer shall examine available 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-examination, and presentation prescribed in
subsection (b), no further investigation of that charge is necessary under
this article unless it is demanded by the accused after he 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 own behalf.
(d) The requirements of this article are binding on all persons
administering this chapter but failure to follow them does not constitute
judicial error.
833. ART.. 33. FORWARDING OF CHARGES
When a person is held for trial by general court-martial the commanding
officer shall, within eight days after the accused is ordered into arrest
or confinement, if practicable, forward the charges, together with the
investigation and allied papers, to the officer exercising general court
martial jurisdiction. If that is not practicable, he shall report in
writing to that officer the reasons for the delay.
834. ART. 34. ADVICE OF STAFF JUDGE ADVOCATE AND REFERENCE FOR TRIAL
(a) Before directing the trial of any charge by general court-martial,
the convening authority shall refer it to his staff judge advocate for
consideration and advice. The convening authority may not refer a
specification under a charge to a general court-martial for trial unless he
has been advised in writing by the staff judge advocate that--
(1) the specification alleges an offense under this chapter;
(2) the specification is warranted by the evidence indicated in the
report of investigation under section 832 of this title (article 32) (if
there is such a report); and
(3) a court-martial would have jurisdiction over the accused and the
offense.
(b) The advice of the staff judge advocate under subsection (a) with
respect to a specification under a charge shall include a written and
signed statement by the staff judge advocate--
(1) expressing his conclusions with respect to each matter set forth
in subsection (a); and
(2) recommending action that the convening authority take regarding
the specification.
If the specification is referred for trial, the recommendation of the
staff judge advocate shall accompany the specification.
(c) If the charges or specifications are not formally correct or do not
conform to the substance of the evidence contained in the report of the
investigation officer, formal corrections, and such changes in the charges
and specifications as are needed to make them conform to the evidence, may
be made.
835. ART. 35. SERVICE OF CHARGES.
The trial counsel to whom court-martial charges are referred for trial
shall cause to be served upon the accused a copy of the charges upon which
trial is to be had. In time of peace no person may, against his objection,
be brought to trial or be required to participate by himself or counsel in
a session called by the military judge under section 839(a) of this title
(article 39(a)), in a general court-martial case within a period of five
days after the service of charges upon him or in a special court-martial
within a period of three days after the service of the charges upon him.
