Nevada § 412.348 - Investigation: Procedure; rights of accused; uncharged offenses

§ 412.348. Investigation: Procedure; rights of accused; uncharged offenses

1. 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. 2. The accused shall be advised of the charges against him or her and of his or her

right to be represented at that investigation by counsel. Upon his or her own request he or she shall be represented by civilian counsel if

provided by him or her, or military counsel of his or her 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 or her if they are available and to present anything he or she

may desire in his or her 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. 3. If an investigation of the subject matter of an offense has been conducted before

the accused is charged with an offense, and if the accused was present at the investigation

and afforded the opportunities for representation, cross-examination and presentation

prescribed in subsection 2, no further investigation of that charge is necessary under

this section unless it is demanded by the accused after he or she 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 or her own behalf. 4. If evidence adduced in an investigation under this section 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: (a) Present at the investigation; (b) Informed of the nature of each uncharged offense investigated; and (c) Afforded the opportunities for representation, cross-examination and presentation

prescribed in subsection 2. 5. The requirements of this section are binding on all persons administering this

Code but failure to follow them does not divest a military court of jurisdiction.