1998 Minnesota Statutes

     192A.18 Investigation. 

    Subdivision 1.  No charge or specification may 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.  The convening authority shall request the unit's 
 judge advocate to appoint an investigating officer.  The 
 investigating officer shall be a member of the state military 
 forces.  This investigation shall include inquiry as to the 
 truth of the matter set forth in the charges, and consideration 
 of the form of charges. 

    Subd. 2.  The accused shall be advised of the charges and 
 of the right to be represented at that investigation by 
 counsel.  Upon the accused's request military counsel shall be 
 provided without cost, or, if the accused prefers, civilian 
 counsel of the accused's choice may be retained at the accused's 
 own expense.  At that investigation full opportunity shall be 
 given to the accused to cross examine adverse witnesses if they 
 are available and to present anything in the accused's behalf, 
 either in defense or mitigation, and the investigating officer 
 shall examine available witnesses requested by the accused.  If 
 the charges are forwarded after the investigation, they shall be 
 accompanied by a report containing the substance of the 
 testimony taken on both sides and a recommendation as to the 
 disposition which should be made of the case in the interest of 
 justice and discipline.  A copy thereof shall be given to the 
 accused. 

    Subd. 3.  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 prescribed in subdivision 2, no 
 further investigation of that charge is necessary under this 
 section unless it is demanded by the accused after being 
 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 behalf of the 
 accused. 

    Subd. 4.  The requirements of this section are binding on 
 all persons administering this code but failure to follow them 
 does not divest a military court of jurisdiction. 

    HIST: 1963 c 661 s 192A.18; 1978 c 552 s 19,20; 1986 c 444