§ 130.30. Charges and specifications. (a) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this chapter to administer oaths and shall state– (1) that the signer has personal knowledge of, or has investigated, the matter set forth therein; and (2) that the same […]
§ 130.31. Compulsory self-incrimination prohibited. (a) No person subject to this code shall compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. (b) No person subject to this code shall interrogate, or request any statement from, an accused or a person suspected of an […]
§ 130.32. Investigation. (a) 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 inquiries as to the truth of the matter set forth in the charges, form of charges, and the […]
§ 130.33. Forwarding of charges. When a person is held for trial by general court-martial, the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward through channels the charges, together with the investigation and allied papers, to the general court-martial convening authority. If the same is […]
§ 130.34. Advice of staff judge advocate and reference for trial. (a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority shall not refer a charge to a general court-martial for trial unless he has found […]
§ 130.35. Service of charges. The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person shall, against his objection, be brought to trial, or be required to participate […]
