During the investigation and information, the hearing of a minor who is the victim of one of the offences referred to in Article 706-47 shall be the subject of an audiovisual recording. Under the same conditions, the hearing of a minor who is the victim of one of the offences provided for in articles 222-33-2-2 and 222-33-2-3 of the Criminal Code may be the subject of an audiovisual recording.
The recording provided for in the previous paragraph may be exclusively audio by decision of the public prosecutor or investigating judge, if justified by the interests of the minor.
The public prosecutor, investigating judge or judicial police officer in charge of the investigation or acting under a rogatory commission may request any qualified person to make this recording. The provisions of Article 60 of this Code shall apply to this person, who shall be bound by professional secrecy under the conditions of Article 11.
A copy of the recording shall also be made for the purpose of facilitating subsequent consultation during the proceedings. This copy shall be placed in the file. The original recording is placed under closed seal.
By decision of the investigating judge, the recording may be viewed or listened to during the proceedings. The copy of the latter may, however, be viewed or listened to by the parties, lawyers or experts, in the presence of the investigating judge or a court clerk.
The last eight paragraphs of Article 114 of the Code of Criminal Procedure do not apply to the recording. The copy of the latter may, however, be viewed by the parties’ lawyers at the courthouse under conditions that guarantee the confidentiality of such viewing.
When the recording cannot be made due to a technical impossibility, this is mentioned in the hearing minutes, which specify the nature of this impossibility. If the hearing takes place during the investigation or on the basis of a letter rogatory, the public prosecutor or investigating judge is immediately notified.
The dissemination by any person of a recording or copy 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 extinguished, the recording and its copy shall be destroyed within one month.