Without prejudice to the application of article 36, public proceedings shall be initiated by the public prosecutor with territorial jurisdiction, who shall decide what action to take on the facts brought to his attention, in particular by the reporting of the Minister of Defence or the military authority authorised by him. In the absence of such a report, the Public Prosecutor must request the opinion of the Minister of Defence or the military authority empowered by him prior to any prosecution, including in the case of an indictment against an unnamed person, a supplementary indictment or an indictment following a complaint by a civil party, except in the case of a flagrant crime or misdemeanour. Except in urgent cases, this opinion must be given within one month. The opinion shall be requested by any means mentioned in the record of the proceedings.
The denunciation or opinion shall appear in the record of the proceedings, on pain of nullity, unless the opinion was not given within the aforementioned time limit or in an emergency.
The military authority referred to in the first paragraph of this article shall be empowered by order of the Minister of Defence.
The Public Prosecutor shall notify the Minister of Defence or the military authority empowered by him of the prosecution or alternative measures to prosecution that have been decided following the report or notice referred to in the same first paragraph. If he decides to discontinue the proceedings, he will also notify them of his decision, stating the legal or expedient reasons for it.
The Minister of Defence or the military authority empowered by him will be informed of the proceedings or the alternatives to prosecution that have been decided following the report or the notice referred to in the same first paragraph.