Compulsory self-incrimination prohibited.

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ARTICLE 31. Compulsory self-incrimination prohibited.

A. No person subject to the Oklahoma Uniform Code of Military Justice 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.

B. No person subject to the Code shall 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 the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in an administrative board proceeding, in nonjudicial punishment, or in a trial by court-martial.

C. No person subject to the Code shall compel any person to make a statement or produce evidence in the course of an administrative board proceeding, nonjudicial punishment or before any military court 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 in an administrative board proceeding, in nonjudicial punishment or in a trial by court-martial.

Added by Laws 2019, c. 408, § 38, eff. Oct. 1, 2019.


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