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§ 26-1030 – Charges and specifications

26-1030. Charges and specifications A. Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the national guard authorized to administer oaths and shall state that the signer has personal knowledge of, or has investigated, the matters set forth and that they are true in […]

§ 26-1031 – Compulsory self-incrimination; prohibition

26-1031. Compulsory self-incrimination; prohibition A. A person subject to this chapter shall not compel any person to incriminate himself or to answer any question if the answer would tend to incriminate him. B. A person subject to this code shall not interrogate, or request any statement from an accused or a person suspected of an […]

§ 26-1033 – Forwarding of charges

26-1033. Forwarding of charges If a person is held for trial by general court-martial the commanding officer, within eight days after the accused is ordered into arrest or confinement, if practicable, shall forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he […]

§ 26-1034 – Advice of staff judge advocate; reference for trial

26-1034. Advice of staff judge advocate; reference for trial A. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the staff judge advocate for consideration and advice. The convening authority shall not refer a specification under a charge to a general court-martial for trial unless he has […]

§ 26-1035 – Service of charges

26-1035. Service of charges The trial counsel to whom court-martial charges are referred for trial shall serve on the accused a copy of the charges on which trial is to be had. In time of peace, a person, against his objection, shall not be brought to trial or be required to participate by himself or […]