2014 Kentucky Revised Statutes
CHAPTER 35 - MILITARY JUSTICE
35.160 Investigation.
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<![CDATA[35.160 Investigation.
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(2)
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No charge or specification shall 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. 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 against the accused and of the
right to be represented at that investigation by counsel. The accused has the
right to be represented at that investigation as provided in KRS 35.190 and in
regulations prescribed under that section. At that investigation full opportunity
shall be given to the accused to cross-examine witnesses against the accused
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 available witnesses requested by the accused. If the
charges are forwarded after such 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 as prescribed in subsection (2) of this
section, 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.
If evidence adduced in an investigation under this section indicates that the
accused committed an uncharged offense, the investigating officer may
investigate the subject matter of that offense without the accused having first
been charged with the offense if the accused is:
(a) Present at the investigation;
(b) Informed of the nature of each uncharged offense investigated; and
(c) Afforded the opportunities for representation, cross-examination, and
presentation prescribed in subsection (2) of this section.
The requirements of this section are binding on all persons administering this
code, but failure to follow them does not constitute jurisdictional error.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 33, effective June 25, 2013. -Amended 1972 Ky. Acts ch. 154, sec. 1. -- Amended 1970 Ky. Acts ch. 56,
sec. 21. -- Created 1954 Ky. Acts ch. 99, sec. 31, effective July 1, 1954.
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