2615

(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry of a person whose oral testimony cannot be obtained, may, if admissible under the rules of evidence applicable in the courts of the Commonwealth of Puerto Rico, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.\n(b) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.\n(c) Such testimony may also be read in evidence before a court of inquiry or a military board.\nHistory —June 23, 1969, No. 62, p. 117, § 1014, eff. 90 days after June 23, 1969.