KRS 35.160: Investigation.

(1) 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 fo rth

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.

(2) The accused shall be advised of the charges against the accused and of the right to

be represented at that investigation by counsel. The accused has the right to be

represented at that investigation as provided in KRS 35.190 and in regulations

prescribed under that section. 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 available

witnesses r equested 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.

(3) 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 as prescribed in subs ection (2) 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 witnesse s for further cross -examination

and to offer any new evidence in the accused's own behalf.

(4) If evidence adduced in an investigation under this section indicates that the accused

committed an uncharged offense, the investigating officer may investigate t he

subject matter of that offense without the accused having first been charged with the

offense if the accused is:

(a) Present at the investigation;

(b) Informed of the nature of each uncharged offense investigated; and

(c) Afforded the opportunities for representation, cross -examination, and

presentation prescribed in subsection (2) of this section.

(5) The requirements of this section are binding on all persons administering this code,

but failure to follow them does not constitute jurisdictional error.