Title XXI: Witness protection

Persons against whom there are no plausible grounds for suspecting that they have committed or attempted to commit an offence and who are likely to provide evidence relevant to the proceedings may, with the authorisation of the public prosecutor or investigating judge, declare the address of the police station or gendarmerie brigade as their domicile. If the person has been summoned because of his profession, the address declared may be…

In proceedings relating to a felony or misdemeanour punishable by at least three years’ imprisonment, 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, members of his family or close relations, the liberty and custody judge, on receipt of a reasoned request from the public prosecutor or investigating judge, may, by reasoned decision, authorise the…

Under no circumstances may the identity or address of a witness who has benefited from the provisions of articles 706-57 or 706-58 may not be revealed, except in the case provided for in the last paragraph of article 706-60. Revealing the identity or address of a witness who has benefited from the provisions of articles 706-57 or 706-58 is punishable by five years’ imprisonment and a fine of 75,000 euros.

The provisions of Article 706-58 do not apply if, in view of the circumstances in which the offence was committed or the personality of the witness, knowledge of the identity of the person is essential for the exercise of the rights of the defence. The accused may, within ten days of being informed of the content of a hearing conducted under the conditions of Article 706-58, contest the use of…

The person under investigation or referred to the trial court may ask to be confronted with a witness heard under the provisions of Article 706-58 by means of a technical device enabling the witness to be heard remotely or to have the witness questioned by his or her lawyer by the same means. The witness’s voice is then rendered unidentifiable by appropriate technical processes. If the court orders additional information…

No conviction may be handed down solely on the basis of statements taken under the conditions provided for by Articles 706-58 and 706-61.

In proceedings relating to a felony or misdemeanour punishable by at least three years’ imprisonment, where disclosure of the identity of a witness is likely to seriously endanger his life or physical integrity or those of his relatives, the examining magistrate or the president of the trial court ruling in chambers may order either of his own motion, or at the request of the public prosecutor or the parties, that…

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…

A decree in the Council of State shall specify, where necessary, the conditions for application of the provisions of this title.