Section 1: General provisions

I. - In the performance of their duties, all officers of the national police force or the national gendarmerie may be authorised not to be identified by their first and last names in the procedural documents defined in 1° and 2° of this I that they draw up or in which they intervene, when the revelation of their identity is likely, given the conditions in which they perform their duties or the nature of the facts that they are usually called upon to observe, to endanger their life or physical integrity or that of those close to them.

The authorisation is issued by name by a hierarchical superior of a sufficient level, defined by decree, giving a reasoned decision. A copy is sent to the public prosecutor with territorial jurisdiction.

This authorisation allows the agent who benefits from it to be identified by an administrative registration number, his capacity and his department or unit of assignment in all acts of the following procedures:

1° Proceedings relating to a felony or misdemeanour punishable by at least three years' imprisonment;

2°After authorisation has been issued for the whole of a proceeding under the conditions set out in the second paragraph of this I, proceedings relating to a misdemeanour punishable by less than three years' imprisonment where, due to particular circumstances in the commission of the acts or the personality of the persons implicated, the revelation of the identity of the agent is likely to endanger his life or physical integrity or those of his close relations.

The beneficiary of the authorisation is also authorised to give evidence or appear as a witness during the investigation or before the investigating or trial courts and to bring a civil action using these same identification details, which are the only ones mentioned in the reports, summonses, summonses, orders, judgments or rulings. Their first and last names may not be mentioned during public hearings.

This I shall not apply where, in respect of an act committed in the performance of his duties, the beneficiary of the authorisation is heard pursuant to Articles 61-1 or 62-2 of this code or that it is the subject of criminal proceedings.

II. - I of this Article shall apply to the officers referred to in Articles 28-1,28-1-1 and 28-2.

III. - The investigating or trial courts seised of the facts shall have access to the surname and first name of the person identified by an administrative registration number in a procedural document.

In the event of an application for the annulment of a procedural act based on the violation of the forms prescribed by law on pain of nullity or on the non-observance of substantial formalities, the assessment of which requires the disclosure of the surname and first name of the beneficiary of an authorisation issued pursuant to I of this article, the investigating judge, the president of the investigating chamber or the president of the trial court shall rule without submitting these elements to the adversarial debate or indicating the surname and first name of the beneficiary of this authorisation in his decision.

IV. - Apart from the cases provided for in the second paragraph of III, disclosure of the surname and first name of the beneficiary of an authorisation issued pursuant to I or of any element enabling his or her personal identification or whereabouts is punishable by five years' imprisonment and a fine of €75,000.

When this revelation has resulted in violence against the beneficiary of the authorisation or their spouse, children or direct ascendants, the penalties are increased to seven years' imprisonment and a €100,000 fine.

Where this disclosure has resulted in the death of the persons mentioned in the second paragraph of this IV, the penalties are increased to ten years' imprisonment and a €150,000 fine, without prejudice, where applicable, to the application of the chapitre Ier du titre II du livre II du code pénal.

V. - A decree in the Conseil d'Etat shall specify the procedures for applying this article.