Chapter I: Flagrant crimes and offences

I.-When a search is envisaged in a specifically identified place containing items covered by national defence secrecy, the search may only be carried out by a magistrate in the presence of the Chairman of the National Defence Secrecy Commission. The Chairman may be represented by a member of the Commission or by delegates duly authorised to deal with national defence secrets, whom he appoints in accordance with the procedures laid down by decree in the Conseil d'Etat. The chairman or his representative may be assisted by any person authorised for this purpose.

The list of places referred to in the first paragraph is drawn up precisely and restrictively by order of the Prime Minister. This list, which is regularly updated, is communicated to the Commission du secret de la défense nationale and to the Minister of Justice, who make it accessible to members of the judiciary in a secure manner. Magistrates check whether the location in which they wish to conduct a search is on this list.

The conditions for delimiting places housing items covered by national defence secrecy are determined by decree in the Conseil d'Etat.

The act of concealing unclassified processes, objects, documents, information, computer networks, computerised data or files in the places referred to in the previous paragraph, in an attempt to make them benefit from the protection attached to national defence secrecy, exposes the perpetrator to the penalties provided for in article 434-4 du code pénal.

The search may only be carried out by virtue of a written decision by the magistrate who indicates to the chairman of the Commission du secret de la défense nationale the information that is useful for the accomplishment of its mission. The Chairman of the Commission or his representative shall visit the premises without delay. At the start of the search, the magistrate shall inform the chairman of the commission or his representative, as well as the head of the establishment or his delegate, or the person in charge of the place, of the nature of the offence or offences being investigated, the reasons justifying the search, its purpose and the places targeted by the search.

Only the Chairman of the Commission du secret de la défense nationale, his representative and, if applicable, the persons assisting him may take cognisance of classified items discovered on the premises. The judge may only seize classified material relating to the offences under investigation. If the requirements of the investigation justify that the classified items be seized in their original form, copies shall be left with their holder.

After being inventoried by the Chairman of the Committee, each item of classified material seized is placed under seal. The seals are given to the Chairman of the Commission du secret de la défense nationale, who becomes their custodian. The operations relating to the classified items seized as well as the inventory of these items are the subject of a report which is not attached to the proceedings file and which is kept by the Chairman of the Commission .

Declassification and communication of the items mentioned in the inventory are subject to the procedure laid down by the Articles L. 2312-4 et seq. of the Defence Code.

II.-When, during a search, a place is found to contain items covered by national defence secrecy, the magistrate present at the place or immediately informed by the judicial police officer informs the Chairman of the Commission du secret de la défense nationale. Classified items are placed under seal, without being examined, by the magistrate or judicial police officer who discovered them, and are then handed over or transmitted, by any means in compliance with the regulations applicable to national defence secrets, to the Chairman of the Commission for safekeeping. Operations relating to classified items are the subject of a report which is not attached to the case file. The declassification and communication of items thus placed under seal are subject to the procedure laid down in Articles L. 2312-4 et seq. of the Defence Code.

III (Deleted).

IV.-The provisions of this article are enacted under penalty of nullity.