Ill. Admin. Code tit. 95 § 400.505

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.505 - Compulsory Self-Incrimination Prohibited

a)No person subject to the Code may compel any person to incriminate himself or herself, or to answer any question the answer to which may tend to incriminate that person. (Code Section 31(a))

b)No person subject to the 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 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 a trial by court-martial. (Code Section 31(b))

c)No person subject to the Code may compel any personto make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade that person. (Code Section 31(c))

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 that person in a trial by court-martial. (Code Section 31(d))

Ill. Admin. Code tit. 95, § 400.505

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.