Without prejudice to the application of Article 706-58, in the event of proceedings relating to a felony or misdemeanour mentioned in articles 628,706-73 and 706-73-1, where the hearing of a person referred to in Article 706-57 is likely to seriously endanger the life or physical integrity of that person or his relatives, that person shall be subject, as necessary, to protective measures designed to ensure his safety.
In case of necessity, he or she may be authorised, by reasoned order issued by the president of the judicial court, to use an assumed identity.
However, this assumed identity may not be used for a hearing during the proceedings referred to in the first paragraph.
Disclosing that a person is using an assumed identity pursuant to this article or disclosing any information enabling the person to be identified or located is punishable by five years’ imprisonment and a fine of €75,000. Where this revelation has resulted, directly or indirectly, in violence against this person or their spouse, children or direct ascendants, the penalties are increased to seven years’ imprisonment and a €100,000 fine.
The penalties are increased to ten years’ imprisonment and a €150,000 fine when the direct or indirect consequence of this revelation is the death of this person or their spouse, children or direct ascendants.
The protection measures referred to in the first paragraph of this article shall be defined, at the request of the public prosecutor, by the national commission provided for in article 706-63-1. This commission monitors the protection measures, which it may modify or terminate at any time. In an emergency, the relevant departments shall take the necessary measures and inform the national commission without delay.
The family members and close friends of the person mentioned in the first paragraph of this article may also be subject to protective measures and authorised to use an assumed identity, under the conditions laid down in this article.
A decree in the Council of State shall lay down the conditions for the application of this article.