Only for the purpose of establishing crimes and offences punishable by imprisonment committed via electronic communications, and where justified by the requirements of the investigation or enquiry, officers or agents of the judicial police acting in the course of an investigation or on a rogatory commission may, if they are assigned to a specialised service and specially authorised for this purpose under conditions specified by order of the Minister of Justice and the Minister of the Interior, carry out the following acts under a pseudonym without being criminally liable for them:
1° Participate in electronic exchanges, including with persons likely to be the perpetrators of these offences;
2° By this means, extract or store data on persons likely to be the perpetrators of these offences and any evidence;
3° Acquire any content, product, substance, sample or service or transmit any content in response to an express request. [Provisions declared unconstitutional by Constitutional Council Decision no. 2022-846 DC of 19 January 2023] the operation is authorised by the public prosecutor or by the investigating judge hearing the case;
> After authorisation by the public prosecutor or by the investigating judge hearing the case
4° With the authorisation of the public prosecutor or investigating judge hearing the case, with a view to the acquisition, transmission or sale by persons likely to be the perpetrators of these offences of any content, product, substance, sample or service, including illicit content, make available to these persons legal or financial means as well as means of transport, deposit, accommodation, storage and telecommunications.
On pain of nullity, the authorisation provided for in 3° and 4°, which may be given by any means, shall be mentioned or added to the record of the proceedings and the acts authorised may not constitute incitement to commit these offences.
The acts referred to in this article shall be subject to the conditions laid down in the law.
The acts referred to in this article are carried out under the supervision of the public prosecutor or investigating judge.