Section 2: Procedure

By way of derogation from Article 11, the Anti-Terrorist Public Prosecutor, for investigation or prosecution proceedings initiated on the basis of one or more offences falling within the scope of Article 706-16, may communicate to the specialised intelligence services mentioned in article L. 811-2 du code de la sécurité intérieure, on its own initiative or at the request of these services, of the elements of any kind contained in these procedures and necessary for the performance of the missions of these services with regard to the prevention of terrorism. If the procedure is the subject of an investigation, this communication may only take place with the favourable opinion of the investigating judge. The examining magistrate may also make this communication for information proceedings referred to him after obtaining the opinion of the anti-terrorist public prosecutor.

This communication may also be made, in accordance with the same procedures and for the same purposes, to the authorities and services competent for the prevention of terrorism, in particular the specialised intelligence services mentioned in articles L. 811-2 and L. 811-4 of the same code, by any public prosecutor for proceedings initiated for a crime or an offence punishable by a prison sentence, when these proceedings bring to light elements concerning a person whose behaviour constitutes a particularly serious threat to public security and order and who either habitually associates with persons or organisations inciting, facilitating or participating in acts of terrorism, or whose behaviour constitutes a particularly serious threat to public security and order and who either habitually associates with persons or organisations inciting, facilitating or participating in acts of terrorism, or who habitually associates with persons or organisations inciting, facilitating or participating in acts of terrorism, facilitating or participating in acts of terrorism, or supports, disseminates, where such dissemination is accompanied by an expression of support for the ideology expressed, or subscribes to theses inciting the commission of acts of terrorism or advocating such acts.

The information communicated pursuant to this article may only be transmitted by the services to which it was sent to other authorities or services responsible for the prevention of terrorism and for the same purposes as those mentioned in the first paragraph. It may not be exchanged with foreign services or with international bodies competent in the field of intelligence.

Unless the information relates to a conviction handed down publicly, and subject to the third paragraph of this article, any person to whom it is disclosed is bound by professional secrecy, under the conditions and subject to the penalties laid down in articles 226-13 and 226-14 of the Penal Code.