Section 3: Prohibited activities, checks and investigations

For the sole purpose of investigating or establishing the violations and breaches mentioned in 3° of I of article L. 232-5, gathering evidence and tracking down the perpetrators or gathering information useful for targeting controls, investigators may, if they have been specially authorised to do so by the Secretary General of the Agency, use an assumed identity on any electronic communication medium or any online public communication service.

Any person summoned or heard, including during the explanations provided for in 3° of article L. 232-18-4, has the right to be assisted by counsel of his choice.

The liberty and custody judge of the judicial court within whose jurisdiction the premises to be visited are located or the liberty and custody judge of the judicial court provided for by the decree referred to in I of article 706-2 of the Code of Criminal Procedure may, at the reasoned request of the Secretary General of the French Anti-Doping Agency, authorise by order the Agency’s investigators to carry out…

When it does not constitute the violation mentioned in 4° of article L. 232-10, the fact that any person, within the framework of the investigations mentioned in 3° of I of article L. 232-5 and in article L. 232-18-1, at the request of the investigators and subject to the preservation of a legally protected secret enforceable against the French Anti-Doping Agency, to refuse to give access to a document, whatever…

When the needs of the investigation so require and for the sole purpose of establishing violations of the anti-doping rules mentioned in 1° and 2° of II of article L. 232-9 and in 1°, 2° and 3° of article L. 232-10, to seek evidence and identify the perpetrators and accomplices, investigators may, with the written authorisation of the Secretary General and the Public Prosecutor, and without being held criminally liable,…

The agents reporting to the Minister responsible for Sport, the persons approved by the Agency mentioned in article L. 232-11 and the persons authorised to carry out investigations mentioned in article L. 232-18-1 may be requested by the public prosecutor, the investigating judge or the officers or agents of the judicial police to assist them. They shall then take an oath, except where they are sworn in accordance with article…

By way of derogation from their professional secrecy obligations, customs officers, competition, consumer affairs and fraud control officers, officers reporting to the Minister for Sport, officers of the National Sports Agency, tax officers, officers of the French Anti-Doping Agency, public prosecutors, officers and agents of the judicial police, agents of the National Gaming Authority, agents of regional health agencies and agents of social security bodies are entitled to communicate to…

The French Anti-Doping Agency is entitled to receive from a body recognised by the World Anti-Doping Agency and having similar competencies to its own, information of the nature mentioned in the first paragraph of article L. 232-20 and to communicate such information to it.

The judicial authority may, at the discretion of the public prosecutor, communicate to the French Anti-Doping Agency any information it gathers in the course of legal proceedings which may give rise to a presumption of doping or the commission of acts prohibited under this chapter. It shall communicate to the Agency, spontaneously or at the request of the latter, the decisions handed down by the judicial courts in the context…

At the request of the World Anti-Doping Agency, the French Anti-Doping Agency or the laboratory used by the Agency for the analysis of the Samples shall give it access to the Samples and related information so that it can make use of them.