Compulsory self-incrimination; prohibition

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26-1031. Compulsory self-incrimination; prohibition

A. A person subject to this chapter shall not compel any person to incriminate himself or to answer any question if the answer would tend to incriminate him.

B. A person subject to this code shall not 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. A person subject to this chapter shall not 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. A statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement, shall not be received in evidence against him in a trial by court-martial.


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