(a) Court-martial.--In any case not extending to the dismissal of a commissioned officer, the sworn testimony contained in the duly authenticated record of proceedings of a court of inquiry of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(b) Use of testimony by defense.--Such testimony may be read in evidence only by the defense in cases extending to dismissal or dishonorable discharge of a commissioned officer.
(c) Court of inquiry.--Such testimony may also be read in evidence before a court of inquiry by either party.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 5701 - Governor and department may prescribe rules
Section 5702 - Unlawfully influencing action of court
Section 5703 - Duties of trial counsel and defense counsel
Section 5707 - Oaths or affirmations
Section 5708 - Statute of limitations
Section 5709 - Former jeopardy
Section 5710 - Pleas of the accused
Section 5711 - Opportunity to obtain witnesses and other evidence
Section 5712 - Refusal to appear or testify
Section 5715 - Admissibility of records of courts of inquiry
Section 5716 - Voting and rulings
Section 5717 - Number of votes required
Section 5718 - Court to announce action
Section 5719 - Record of trial
Section 5720 - Defense of lack of mental responsibility
Section 5721 - Effect of finding of lack of mental capacity on trial proceedings
Section 5722 - Trial finding of lack of mental responsibility