
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC832]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                   SUBCHAPTER VI--PRE-TRIAL PROCEDURE
 
Sec. 832. Art. 32. Investigation

    (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 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. The 
accused has the right to be represented at that investigation as 
provided in section 838 of this title (article 38) and in regulations 
prescribed under that section. 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), no further investigation of that charge is necessary 
under this article 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) If evidence adduced in an investigation under this article 
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--
        (1) is present at the investigation;
        (2) is informed of the nature of each uncharged offense 
    investigated; and
        (3) is afforded the opportunities for representation, cross-
    examination, and presentation prescribed in subsection (b).

    (e) The requirements of this article are binding on all persons 
administering this chapter but failure to follow them does not 
constitute jurisdictional error.

(Aug. 10, 1956, ch. 1041, 70A Stat. 48; Pub. L. 97-81, Sec. 4(a), Nov. 
20, 1981, 95 Stat. 1088; Pub. L. 104-106, div. A, title XI, Sec. 1131, 
Feb. 10, 1996, 110 Stat. 464.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
832(a)................................  50:603(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
832(b)................................  50:603(b).                            3
2), 64 Stat. 118.
832(c)................................  50:603(c).
832(d)................................  50:603(d).
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---------------------------------

    In subsection (a), the word ``may'' is substituted for the word 
``shall''. The words ``consideration of the'' and ``a recommendation as 
to'' are inserted in the interest of accuracy and precision of 
statement.
    In subsection (b), the word ``detailed'' is substituted for the word 
``appointed'', since the filling of the position involved is not 
appointment to an office in the constitutional sense.
    In subsection (c), the word ``before'' is substituted for the words 
``prior to the time''. The words ``of this section'' are omitted as 
surplusage.
    In subsection (d), the word ``are'' is substituted for the words 
``shall be.'' The word ``does'' is substituted for the words ``in any 
case shall''.


                               Amendments

    1996--Subsecs. (d), (e). Pub. L. 104-106 added subsec. (d) and 
redesignated former subsec. (d) as (e).
    1981--Subsec. (b). Pub. L. 97-81 substituted ``The accused has the 
right to be represented at that investigation as provided in section 838 
of this title (article 38) and in regulations prescribed under that 
section'' for ``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''.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-81 to take effect at end of 60-day period 
beginning on Nov. 20, 1981, and to apply with respect to investigations 
under this section that begin on or after that date, see section 7(a) 
and (b)(3) of Pub. L. 97-81, set out as an Effective Date note under 
section 706 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 802, 834, 838 of this title.
