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§ 831. Art. 31. Compulsory self-incrimination prohibited

Version history — every release point where this text changed

Release point 115-419not334 · current through 01/03/2019

Current through Public Law 115-419 (01/03/2019), except 115-334.

116-29 is not ingested; this is Title 10 as published at 115-419not334 (2019-01-03), which is the latest release point at or before it that carries this title.

§ 831.

Art. 31. Compulsory self-incrimination prohibited

(a)

No person subject to this chapter may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.

(b)

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

(c)

No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.

(d)

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

Source(Aug. 10, 1956, ch. 1041, 70A Stat. 48.)
Notes
Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
831(a)
831(b)
50:602(a).
50:602(b).
May 5, 1950, ch. 169, § 1 (Art 31), 64 Stat. 118.
831(c)
50:602(c).
831(d)
50:602(d).
The word “may” is substituted for the word “shall” throughout the revised section.

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