Court Opinions

State Laws

US Code

US Constitution

Investigation - 51 Pa. Cons. Stat. § 5603

Legal Research Home > Pennsylvania Statutes

     § 5603.  Investigation.
        (a)  General rule.--No charge or specification shall 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 his right to be represented at that
     investigation by counsel. Upon his own request he shall be
     represented by civilian counsel if provided by him, or military
     counsel of his own selection if such counsel is reasonably
     available, or by counsel appointed 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 he 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 he 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 his
     own behalf.
        (d)  Requirements mandatory.--The requirements of this
     section are binding on all persons administering this part.

Last modified: November 27, 2007