(a) 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) 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 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) Failure to meet any requirement prescribed in this section shall not divest a military court of jurisdiction.
(1967, P.A. 717, S. 33.)
Structure Connecticut General Statutes
Title 27 - Armed Forces and Veterans
Chapter 507 - Connecticut Code of Military Justice
Section 27-141. - Definitions.
Section 27-142. - Applicability of chapter.
Section 27-143. - Dismissal of commissioned officer.
Section 27-144. - Applicability of code in and out of state.
Section 27-145. - Judge advocates and legal officers.
Section 27-146. - Apprehension of offenders. Quelling of disturbances.
Section 27-147. - Apprehension of deserters by civil officers.
Section 27-148. - Arrest or confinement of enlisted personnel and officers.
Section 27-149. - Restraint of persons charged with offenses.
Section 27-150. - Place of confinement.
Section 27-151. - Duty of community correctional center, jail and prison officers.
Section 27-152. - Punishment prohibited before trial.
Section 27-153. - Trial by civil authority.
Section 27-154. - Nonjudicial disciplinary punishments for minor offenses.
Section 27-155. - Kinds of courts-martial.
Section 27-156. - Jurisdiction of forces.
Section 27-157. - Jurisdiction of general courts-martial.
Section 27-158. - Jurisdiction of special courts-martial.
Section 27-159. - Jurisdiction of summary courts-martial.
Section 27-161. - Court-martial to have complete record of procedures and testimony.
Section 27-162. - Sentence of confinement in lieu of fine.
Section 27-163. - Convening of general courts-martial by Governor.
Section 27-164. - Commanding officer may convene special courts-martial.
Section 27-165. - Commanding officer may convene summary courts-martial.
Section 27-166. - Who may serve on courts-martial.
Section 27-167. - Military judge of general or special court-martial.
Section 27-168. - Trial and defense counsel.
Section 27-169. - Court reporters. Interpreters.
Section 27-170. - Absent and additional members.
Section 27-171. - Preferring of charges.
Section 27-172. - Protection against self-incrimination.
Section 27-173. - Preliminary investigation. Rights of accused.
Section 27-174. - Charges and investigation papers forwarded to Governor.
Section 27-176. - Service of charges on accused. Time for trial.
Section 27-178. - Procedure. Rules of evidence.
Section 27-179. - Censure of court or member, coercion prohibited.
Section 27-180. - Court-martial. Prosecution. Trial counsel. Defense counsel. Assistant counsel.
Section 27-182. - Continuance.
Section 27-185. - Statute of limitations.
Section 27-186. - Second trial for same offense prohibited.
Section 27-187. - Pleading by accused.
Section 27-188. - Obtaining of witnesses and evidence.
Section 27-189. - Refusal of witness to appear. Witness fees.
Section 27-191. - Depositions.
Section 27-192. - Sworn testimony in record of court of inquiry admissible, when.
Section 27-195. - Announcement of findings and sentence.
Section 27-196. - Record of proceedings. Authentication. Copy to accused.
Section 27-197. - Cruel punishments prohibited.
Section 27-198. - Governor to prescribe table of maximum punishments.
Section 27-199. - Forfeiture of pay and allowances. Running of period of confinement.
Section 27-200. - Place of confinement. Hard labor.
Section 27-201. - Authority of convening authority over execution of sentence.
Section 27-202. - Record forwarded to convening authority. Action thereon.
Section 27-203. - Record of general court-martial referred to staff judge advocate.
Section 27-204. - Return of record to court for reconsideration or correction of error.
Section 27-205. - Convening authority may order rehearing.
Section 27-206. - Approval by convening authority.
Section 27-207. - Review by Governor or Judge Advocate.
Section 27-209. - Rights of accused before reviewing authority.
Section 27-210. - Vacation of suspension of sentence.
Section 27-211. - Petition for new trial.
Section 27-214. - Finality and binding effect of actions.
Section 27-215. - No trial for offense not committed on duty.
Section 27-216. - Principal defined.
Section 27-217. - Accessory after the fact.
Section 27-219. - Attempt to commit an offense.
Section 27-221. - Solicitation to desertion, mutiny, misbehavior or sedition.
Section 27-222. - Procuring of enlistment or separation by false representations or concealment.
Section 27-223. - Effecting of enlistment, appointment or separation of ineligible person.
Section 27-225. - Absence without leave.
Section 27-226. - Missing movement.
Section 27-227. - Contempt towards President or Governor.
Section 27-228. - Disrespect towards superior officer.
Section 27-229. - Assaulting or disobeying command of superior officer.
Section 27-230. - Offenses against warrant officer, noncommissioned officer or petty officer.
Section 27-231. - Failure to obey orders or regulations.
Section 27-232. - Cruelty, oppression or maltreatment of subordinate.
Section 27-233. - Mutiny. Sedition.
Section 27-234. - Resisting or breaking arrest. Escape.
Section 27-235. - Illegal release of prisoner. Aiding escape.
Section 27-236. - Illegal arrest or confinement of another.
Section 27-237. - Unnecessary delay in disposition of case. Failure to observe trial provisions.
Section 27-238. - Misbehavior in presence of enemy.
Section 27-239. - Compelling surrender or abandonment to enemy.
Section 27-240. - Disclosure of parole or countersign.
Section 27-241. - Forcing of safeguard.
Section 27-242. - Illegal disposition of captured property. Looting.
Section 27-243. - Aiding enemy.
Section 27-244. - Improper acts as prisoner of war.
Section 27-245. - False official statements.
Section 27-246. - Misuse of military property.
Section 27-247. - Misuse of government property other than military.
Section 27-248. - Wrongful hazard of military vessel.
Section 27-249. - Drunken or reckless operation of vehicle.
Section 27-250. - Drinking or sleeping on duty; leaving post before relieved.
Section 27-252. - Malingering; intentional self-injury.
Section 27-253. - Riot. Breach of peace.
Section 27-254. - Use of provocative or reproachful words or gestures towards another.
Section 27-255. - Attempt to harm another.
Section 27-257. - Fraudulent claims. False oath. Forgery. Fraud.
Section 27-258. - Larceny; wrongful appropriation.
Section 27-259. - Conduct unbecoming an officer and gentleman.
Section 27-260. - Crimes excepted from court-martial jurisdiction.
Section 27-261. - Court of inquiry.
Section 27-262. - Administration of oaths.
Section 27-263. - Code to be explained to military personnel.
Section 27-264. - Complaint against superior officers.
Section 27-265. - Investigation of complaint of damage by military personnel. Assessment of damages.
Section 27-266. - Execution of process and sentences by civil officers.
Section 27-267. - Issuance and execution of process by military courts.
Section 27-268. - Payment of fines.
Section 27-269. - Immunity for action of military court.
Section 27-270. - Presumption of jurisdiction of military courts and boards.
Section 27-271. - Governor may delegate certain authority.
Section 27-272. - Payment of court expenses.
Section 27-273. - Uniform construction.
Section 27-274. - Short title: Connecticut Code of Military Justice.