HRS §124B-51
How charges are filed and the accused is told
This section explains how formal charges against a service member are started. Only certain people can file them, and the charges must be in writing and sworn to. The accused person must be told about the charges, and a proper authority decides what to do next.
courts
The statute, as written — Charges and specifications
(a) Charges and specifications: (1) May be referred only by a person subject to this chapter; and (2) Shall be referred by presentment in writing, signed under oath or affirmation before a commissioned officer of the armed forces who is authorized to administer oaths or affirmations, and shall state that: (A) The signer has personal knowledge of or has investigated the matters set forth in the charges and specifications; and (B) The matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer. (b) When charges and specifications are referred under subsection (a), the proper authority shall, as soon as practicable: (1) Inform the person accused of the charges and specifications; and (2) Determine what disposition should be made of the charges and specifications in the interest of justice and discipline.
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