{"data":{"id":"us-ky/krs-35.160","jurisdiction":"us-ky","citation":"KRS 35.160","heading":"Investigation.","body":"(1) No charge or specification shall be referred to a general court-martial for trial until a\nthorough and impartial investigation of all the matters set forth therein has been\nmade. This investigation shall include inquiry as to the truth of the matter set fo rth\nin the charges, consideration of the form of charges, and a recommendation as to the\ndisposition which should be made of the case in the interest of justice and\ndiscipline.\n(2) The accused shall be advised of the charges against the accused and of the right to\nbe represented at that investigation by counsel. The accused has the right to be\nrepresented at that investigation as provided in KRS 35.190 and in regulations\nprescribed under that section. At that investigation full opportunity shall be given to\nthe accused to cross-examine witnesses against the accused if they are available and\nto present anything the accused may desire in the accused's own behalf, either in\ndefense or mitigation, and the investigating officer shall examine available\nwitnesses r equested by the accused. If the charges are forwarded after such\ninvestigation, they shall be accompanied by a statement of the substance of the\ntestimony taken on both sides and a copy thereof shall be given to the accused.\n(3) If an investigation of the subject matter of an offense has been conducted before the\naccused is charged with the offense, and if the accused was present at the\ninvestigation and afforded the opportunities for representation, cross -examination,\nand presentation as prescribed in subs ection (2) of this section, no further\ninvestigation of that charge is necessary under this section unless it is demanded by\nthe accused after the accused is informed of the charge. A demand for further\ninvestigation entitles the accused to recall witnesse s for further cross -examination\nand to offer any new evidence in the accused's own behalf.\n(4) If evidence adduced in an investigation under this section indicates that the accused\ncommitted an uncharged offense, the investigating officer may investigate t he\nsubject matter of that offense without the accused having first been charged with the\noffense if the accused is:\n(a) Present at the investigation;\n(b) Informed of the nature of each uncharged offense investigated; and\n(c) Afforded the opportunities for representation, cross -examination, and\npresentation prescribed in subsection (2) of this section.\n(5) The requirements of this section are binding on all persons administering this code,\nbut failure to follow them does not constitute jurisdictional error.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41907","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"bda4c9e7bd4c1e22e2b5cac089d33877ae6dbad44975d8f3a7b4c36d2e93c2be","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.155","next":"us-ky/krs-35.165"},"notice":"GroundRules: Original legal text. Not legal advice."}