48-2603. Investigation; rights of accused. - Kansas Statutes

48-2603

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 26.--CODE OF MILITARY JUSTICE; PRETRIAL PROCEDURE

      48-2603.   Investigation; rights of accused.(a) No charge or specification may be referred to a generalcourt-martial for trial until a thorough and impartial investigation of allthe matters set forth therein has been made. This investigation shallinclude inquiry as to the truth of the matter set forth in the charges,consideration of the form of charges, and a recommendation as to thedisposition which should be made of the case in the interest of justice anddiscipline.

      (b)   The accused shall be advised of the charges against him or her andof the right to be represented at that investigation by counsel. Upon theaccused's own request he or she shall be represented by civilian counselif provided by the accused, or military counsel of the accused's own selectionif such counsel is reasonably available, or by counsel detailed by the judgeadvocate general. At that investigation full opportunity shall be givento the accused tocross-examine witnesses against the accused if they are available and topresent anything the accused may desire in his or her own behalf, eitherin defense or mitigation, and the investigating officer shall examine availablewitnesses requested by the accused. If the charges are forwarded after theinvestigation, they shall be accompanied by a statement of the substanceof the testimony takenon both sides and a copy thereof shall be given to the accused.

      (c)   If an investigation of the subject matter of an offense has beenconducted before the accused is charged with the offense, and if theaccused was present at the investigation and afforded the opportunities forrepresentation, cross-examination, and presentation prescribed insubsection (b), no further investigation of that charge is necessary underthis section unless it is demanded by the accused after he or she is informedof the charge. A demand for further investigation entitles the accused torecall witnesses for further cross-examination and to offer any newevidence in his or her own behalf.

      (d)   The requirements of this section are binding on all personsadministering this code but failure to follow them does not divest amilitary court of jurisdiction.

      History:   L. 1972, ch. 203, § 48-2603; July 1.