46-1120. Investigation. (1) No charge or specification shall be referred to any court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. The convening authority will appoint an investigating officer. The investigating officer shall ascertain and impartially weigh all available facts in arriving at his conclusions. The investigating officer will submit a formal report to the convening authority's staff judge advocate or legal counsel. This report will include, but need not be limited to, the following:
(a) A statement of the name, organization or address of counsel, and information as to the presence or absence of counsel throughout the proceedings in all cases in which counsel has been requested by the accused.
(b) A statement of the substance of the testimony taken on both sides, including any stipulated facts, a copy of which shall be provided to the accused.
(c) Any other statements, documents, or matters considered by him in reaching his conclusions or making his recommendations, or recitals of the substance or nature of these items.
(d) A statement of any reasonable ground for the belief that the accused is, or was at the time of an offense, mentally defective, deranged, or abnormal.
(e) A statement as to whether essential witnesses will be available in the event of trial. If essential witnesses will not be available, the reasons for nonavailability will be stated.
(2) The reviewing staff judge advocate or legal counsel will review the report for legal sufficiency and forward the report with his recommendations to the convening authority.
(3) At the outset of the investigation, the accused will be informed of the following:
(a) The offense charged against him;
(b) The name of the accuser and of the witnesses against him as far as are then known by the investigating officer;
(c) The fact that charges are about to be investigated;
(d) His right to counsel to represent him at the investigation, if he so desires, including the several alternatives available to him as set forth in section 46-1126, Idaho Code;
(e) His right to have the investigating officer examine available witnesses requested by him;
(f) His right to make a statement in any form, and further that, if he elects to make a statement in any form, it may be used against him in a court-martial.
(4) Unless he expressly and voluntarily states that he does not desire counsel and that he is willing to make a statement, he will not be interrogated until counsel is present. If, during questioning, the accused declines to make any further statement or requests to consult with counsel before answering further questions, then questioning shall cease.
(5) 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.
