Guam § 63719 - Investigation.

§ 63719. Investigation.

(a) 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.

COL 2026-04-23

(b) 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 detailed

by the officer exercising general court-martial jurisdiction over the command. At that 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 the

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) 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) of this section, no

further investigation of that charge is necessary under this Subarticle 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) The requirements of this section are binding on all persons administering this Code but failure to

follow them does not constitute jurisdictional error.