§5603. Investigation.

(a) General rule.--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. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

(b) Rights of accused.--The accused shall be advised of the charges against him and of the right to be represented at that investigation by counsel. Upon the accused's request, he shall be represented by civilian counsel if provided by him, by military counsel of his own selection if such counsel is reasonably available, by counsel appointed through procedures of the Pennsylvania National Guard or, in the absence of such specific procedures, by the person exercising general court-martial jurisdiction over the command. At such investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything the accused may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after such investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides, and a copy thereof shall be given to the accused.

(c) Further investigation.--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 subsection (b), no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused is 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 the accused's own behalf.

(d) Additional offenses.--If evidence adduced in an investigation indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:

(1) present at the investigation;

(2) informed of the nature of each uncharged offense investigated; and

(3) afforded the rights of representation, cross-examination and presentation prescribed in subsection (b).

(e) Requirements mandatory.--The requirements of this section are binding on all persons administering this part, but failure to follow them does not constitute jurisdictional error.

Notation

Cross References.  Section 5603 is referred to in sections 5605, 5703 of this title.