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(a) A preliminary hearing shall be held in accordance with 10 U.S.C. § 832 et seq., as it existed on January 1, 2019, before the referral of charges and specifications for trial by general court-martial.
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(b)
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(1) Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written waiver of the preliminary hearing to the convening authority and the convening authority grants the waiver.
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(2) The purpose of the preliminary hearing shall be limited to determining the following:
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(A) Whether or not the specification alleges an offense under this chapter;
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(B) Whether or not there is probable cause to believe that the accused committed the offense charged;
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(C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and
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(D) A recommendation as to the disposition that should be made of the case.
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(3) The rights of the accused and the rights of the victim shall be the same as provided under 10 U.S.C. § 832 et seq., as it existed on January 1, 2019.
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