In criminal matters, questioning of accused persons carried out in the chambers of the investigating judge, including questioning at first appearance and confrontations, shall be subject to audiovisual recording.
The recording may only be consulted, during the investigation or before the trial court, in the event of a challenge to the scope of the statements taken, by decision of the investigating judge or the trial court, at the request of the public prosecutor or one of the parties. The last eight paragraphs of Article 114 are not applicable. Where a party requests consultation of the recording, this request shall be made and the investigating judge shall rule in accordance with the first two paragraphs of Article 82-1.
The dissemination by any person of a recording made pursuant to this article is punishable by one year’s imprisonment and a fine of 15,000 euros.
At the end of a period of five years from the date on which the public prosecution was terminated, the recording shall be destroyed within one month.
When the number of accused persons to be questioned simultaneously, in the course of the same or separate proceedings, makes it impossible to record all the questioning, the investigating judge shall decide, in the light of the requirements of the investigation, which questioning shall not be recorded.
When recording cannot be carried out due to a technical impossibility, this is mentioned in the interrogation minutes, which specify the nature of this impossibility.
A decree shall specify, as necessary, the procedures for applying this article.