40.114. Impartial investigation of charges required--accused person's rights --demand for further investigation, procedure.

MISSOURI STATUTES AND CODES

40.114. Impartial investigation of charges required--accused person's rights --demand for further investigation, procedure.

Impartial investigation of charges required--accused person's rights--demand for further investigation, procedure.

40.114. 1. No charge or specification may be referred to ageneral court-martial for trial until a thorough and impartialinvestigation of all the matters set forth therein has been made.This investigation shall include inquiry as to the truth of thematter set forth in the charges, consideration of the form ofcharges, and a recommendation as to the disposition which shouldbe made of the case in the interest of justice and discipline.

2. The accused shall be advised of the charges against himand of the right to be represented at that investigation bycounsel. Upon the accused's own request he shall be representedby civilian counsel if provided by the accused, or militarycounsel of the accused's own selection if such counsel isreasonably available, or by counsel detailed by the state judgeadvocate. At that investigation full opportunity shall be givento the accused to cross-examine witnesses against the accused ifthey are available and to present anything the accused may desirein his own behalf, either in defense or mitigation, and theinvestigating officer shall examine available witnesses requestedby the accused. If the charges are forwarded after theinvestigation, they shall be accompanied by a statement of thesubstance of the testimony taken on both sides and a copy thereofshall be given to the accused.

3. If an investigation of the subject matter of an offensehas been conducted before the accused is charged with theoffense, and if the accused was present at the investigation andafforded the opportunities for representation, cross-examination,and presentation prescribed in subsection 2 of this section, nofurther investigation of that charge is necessary under thissection unless it is demanded by the accused after he is informedof the charge. A demand for further investigation entitles theaccused to recall witnesses for further cross-examination and tooffer any new evidence in his own behalf.

4. The requirements of this section are binding on allpersons administering sections 40.005 to 40.490 but failure tofollow them does not divest a military court of jurisdiction.