5603 - Investigation.

     § 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.