48-2602. (KCMJ Art.
254 words·~1 min read·
/ks/chapter-48/48-2602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
48-2602. (KCMJ Art. 31) Compulsory self-incrimination prohibited.
(a)No person subject to this code shall compel any person to self-incriminate that person or to answer any question, the answer to which may tend to incriminate the person.
(b)No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that such person does not have to make any statement regarding the offense of which such person is accused or suspected, that any statement made by that person may be used as evidence against such person in a trial by any military or civil proceeding, that such person has a right to consult with a lawyer, that such person has a right to have a lawyer present during questioning, that such person has a right to request a lawyer and that upon request one will be provided without cost or, if that person prefers, such person may retain counsel of such person's choosing at such person's own expense.
(c)No person subject to this code 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 the person.
(d)No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against the person.