Ohio § 5924.32

§ 5924.32.

(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 in the charge

or specification 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 that should be made of the case in the interest of justice and discipline. (B) The accused shall be advised of the charges against the accused and of the accused's

right to be represented at that investigation by counsel.  Upon the accused's own request, the accused shall be represented by civilian counsel

if provided by the accused at the accused's own cost, or by military counsel of the

accused's 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 the accused if they are available and to present anything the accused

may desire in the accused's own behalf, either in defense or mitigation, and the investigating

officer shall examine reasonably 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 of

that statement 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 division (B) of this section, 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) 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.