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2012 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1118 - PREFERRAL OF CHARGES.


ID Code § 46-1118 (2012) What's This?

46-1118. Preferral of charges. (1) Any person subject to this code may prefer charges, even if he is under charges, in arrest, or in confinement.

(2) A person subject to this code cannot be ordered to prefer charges to which he is unable truthfully to make the required oath on his own responsibility.

(3) A person preferring charges shall sign such charges under oath before a commissioned officer or before any person authorized under the laws of the state of Idaho to administer oaths, and shall state:

(a) That the signer has personal knowledge of or has investigated the matters set forth therein; and
(b) That they are true in fact to the best of his knowledge and belief.

(4) 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 possible.


History:

[(46-1118), added 1975, ch. 147, sec. 4, p. 339; am. 1984, ch. 92, sec. 16, p. 200; am. & redesig. 1998, ch. 176, sec. 17, p. 636.]

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