French Code of Criminal Procedure
In forceI.-The Public Prosecutor's Office may inform the administration in writing of the following decisions made against a person it employs, including on a voluntary basis, when they concern a crime or offence punishable by imprisonment:
1° Conviction, even if not final;
2° Referral to a trial court by the public prosecutor or investigating judge;
3° Indictment.
The Public Prosecutor may only proceed with this information if he considers this transmission necessary, due to the nature of the facts or the circumstances of their commission, to put an end to or prevent a disturbance to public order or to ensure the safety of persons or property.
The Public Prosecutor may inform, under the same conditions, public persons, legal persons under private law entrusted with a public service mission or professional orders of the decisions mentioned in 1° to 3° of this I taken with regard to a person whose professional or social activity is placed under their control or authority.
II.-In all cases, the Public Prosecutor will inform the person without delay of his decision to transmit the information provided for in I. The information is transmitted to the administration, or to the persons or orders mentioned in the last paragraph of the same I.
The Public Prosecutor notifies the administration, or the persons or orders mentioned in the last paragraph of the said I, of the outcome of the procedure without delay and informs the person concerned of this notification.
The administration, or the person or order mentioned in the last paragraph of the same I, which receives the information provided for in the same I may only communicate it to the persons competent to stop or suspend the exercise of the activity mentioned in the first and last paragraphs of the same I.
This information is confidential. Unless the information relates to a conviction handed down publicly and subject to the penultimate paragraph of this II, any person to whom it is sent is bound by professional secrecy, subject to the penalties provided for in Article 226-13 of the Criminal Code. Any person with knowledge of this information is bound to secrecy, subject to the same penalties. The supporting fact provided for in 1° of Article 226-14 of the same Code is not applicable when the person mentioned in this same 1° has become aware of the facts through the transmission provided for in I of this Article.
III.-Convictions whose entry in bulletin no. 2 of the criminal record has been excluded pursuant to Article 775-1 of this Code may not be communicated at the initiative of the Public Prosecutor, except pursuant to the second paragraph of II of this Article following an initial notification sent pursuant to I. In this case, the information shall expressly state the decision not to mention the conviction in bulletin no. 2 of the criminal record.
IV.-Where a decision imposing a sanction has been legally based on the information transmitted by the Public Prosecutor's Office, when the criminal proceedings have ended in a dismissal or a decision of acquittal or acquittal, the administration, person or order mentioned in the last paragraph of I removes the information from the file relating to the activity of the person concerned.
V.-The procedures for applying this article shall be determined by decree. It shall specify the forms of transmission of information by the Public Prosecutor's Office, the procedures for transmitting decisions at the end of proceedings and the procedures for deleting information pursuant to IV.
