Section 2: Procedure

The offences falling within the jurisdiction of the courts mentioned in articles 697 and 697-4 are prosecuted, investigated and judged according to the rules of this code, subject to the specific provisions of articles 698-1 to 698-9 and, with regard to offences committed outside the territory of the Republic, the specific provisions of the code of military justice. However, the competent public prosecutor pursuant to Article 43 has the authority…

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…

The civil action for compensation for damage caused by one of the offences mentioned in the first paragraph of articles 697-1 or 697-4 belongs to those who have personally suffered damage directly caused by the offence. The public action may be brought by the injured party under the conditions determined in articles 85 et seq. However, public prosecution may only be initiated by the public prosecutor in the case of…

When the public prosecutor, the examining magistrate and the judicial police officers are required either to establish offences in military establishments, or to search, in these same places, for persons or objects relating to these offences, they must address requisitions to the military authority in order to obtain entry to these establishments. The requisitions must, unless necessary, specify the nature of and reasons for the investigations deemed necessary. The military…

The hierarchical superiors must comply with the request of criminal investigation police officers to place at their disposal a member of the military in active service, when either the requirements of the investigation or the execution of a rogatory commission or a court order require this measure.

The articles L. 123-1 to L. 123-5, L. 211-12, L. 211-13,L. 211-22, L. 211-24, L. 221-3, L. 261-6, L. 262-2, L. 264-3, L. 264-5, L. 265-1, L. 265-3, L. 266-2, L. 267-1, L. 267-2, L. 268-2 and the second paragraph of Article L. 311-2 of the Code of Military Justice shall apply. In accordance with article L. 211-21 of the same code, the person under investigation, the accused or the…

As an exception to the provisions of Title I of Book II, in particular articles 240 and 248, first paragraph, and subject to the provisions of Article 698-7, the assize court provided for by articles 697 and 697-4 is composed of a president and, when ruling at first instance, four assessors, or when ruling on appeal, six assessors. These assessors are appointed as set out in paragraphs 2 and 3…

The provisions of Article 698-6 are applicable, for the trial of ordinary crimes committed in the performance of service by military personnel, only if there is a risk of disclosure of a national defence secret. When an indictment is issued pursuant to the first paragraph of Article 214, the Investigating Chamber shall state in its judgment, if applicable, that there is a risk of disclosure of a national defence secret…

The courts with jurisdiction to try offences under the Book III of the code of military justice may also impose the military penalties of dismissal and loss of rank.

The trial courts mentioned in articles 697 and 697-5 may, if they find in their decision that publicity is likely to result in the disclosure of a national defence secret, order, by decision given in open court, that the proceedings be held in camera. Where proceedings have been ordered to be held in camera, this shall apply to the delivery of separate judgments that may be given on incidents or…