2000 Minnesota Code
Chapters 190 - 195 Military Affairs
Chapter 192A Uniform Code of Military Justice
Section 192A.18 Investigation.

192A.18 Investigation.

Subdivision 1. 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. The convening authority shall request the unit's judge advocate to appoint an investigating officer. The investigating officer shall be a member of the state military forces. This investigation shall include inquiry as to the truth of the matter set forth in the charges, and consideration of the form of charges.

Subd. 2. The accused shall be advised of the charges and of the right to be represented at that investigation by counsel. Upon the accused's request military counsel shall be provided without cost, or, if the accused prefers, civilian counsel of the accused's choice may be retained at the accused's own expense. At that investigation full opportunity shall be given to the accused to cross examine adverse witnesses if they are available and to present anything in the accused's behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a report containing the substance of the testimony taken on both sides and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline. A copy thereof shall be given to the accused.

Subd. 3. 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 subdivision 2, no further investigation of that charge is necessary under this section unless it is demanded by the accused after being 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 behalf of the accused.

Subd. 4. 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.

HIST: 1963 c 661 s 192A.18; 1978 c 552 s 19,20; 1986 c 444