French Code of Criminal Procedure
In forceWhen the testimony of an agent of a service mentioned in article L. 811-2of the Internal Security Code or of a service designated by the decree in Council of State provided for in article L. 811-4 of the same code or a person mentioned in article 413-14 of the Criminal Code is requested during legal proceedings about facts of which he or she may have become aware during a mission involving national defence and security, his or her real identity must never appear during the legal proceedings.
Where applicable, his membership of one of these services and the reality of his mission shall be certified by his hierarchical authority.
The questions asked must have neither the purpose nor the effect of revealing, directly or indirectly, the true identity of this agent.
If it is indicated by the hierarchical authority that the required interview, even if conducted anonymously as described in the first and third paragraphs, involves risks for the official, his relatives or his department, the interview shall be conducted in a place that ensures anonymity and confidentiality. This place is chosen by the head of the department and may be the place where the officer is assigned.
If a confrontation has to be carried out between an accused person or a person appearing before the trial court and an officer mentioned in the first paragraph due to incriminating evidence resulting from observations personally made by this officer, this confrontation is carried out under the conditions provided for by l'article 706-61.
No conviction may be handed down solely on the basis of statements taken under the conditions provided for by this article.
This article applies to the testimony of foreign agents assigned to criminal investigation departments specially responsible for combating terrorism about facts of which they may have become aware during the performance of their duties.
This article applies to the testimony of persons who have belonged to the departments and units it mentions.
