Section 31-2A-30 (Article 30.) Charges and specifications. (a) Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by Section 31-2A-136(a) (Article 136(a)) to administer oaths and shall state both of the following: (1) That the signer has personal knowledge of, or has investigated, the […]
Section 31-2A-31 (Article 31.) Compulsory self-incrimination prohibited. (a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her. (b) No person subject to this code may interrogate or request any statement from an accused […]
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification may be referred to a general court-martial for trial until the completion of a preliminary hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary hearing shall be limited to the following: (1) Determining whether there is probable […]
Section 31-2A-33 (Article 33.) Reserved. Reserved. (Act 2012-334, p. 790, §1.)
Section 31-2A-34 (Article 34.) Advice of judge advocate and reference for trial. (a) Before directing the trial of any charge by general or special court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general or special […]
Section 31-2A-35 (Article 35.) Service of charges. The trial counsel shall serve or caused to be served upon the accused a copy of the charges. No person, against the person’s objection, may be brought to trial before a general court-martial case within a period of 45 days after the service of charges upon the accused, […]
