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Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 6. PRETRIAL PROCEDURE

38-2-1031. Compulsory self-incrimination prohibited.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    No person subject to this article shall compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.#

  2. (b)

    No person subject to this article shall interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial.#

  3. (c)

    No person subject to this article shall compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade him or her.#

  4. (d)

    No statement obtained from any person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement shall be received in evidence against him or her in a trial by court-martial.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1031, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Cross references

Rights of accused, U.S. Const., amend. 5 and Ga. Const. 1983, Art. I, Sec. I, Para. XVI.

Other notes

U.S. Code.
For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 831.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, pages 466 to 467; merge action: carried; file SHA-256 4eed692485f5.