Section 8: Common provisions

I.-Notwithstanding Article 11, the Paris Public Prosecutor may, for investigation or inquiry proceedings falling within the scope of Article 706-72-1, communicate to the State services mentioned in second paragraph of article L. 2321-2 of the French Defence Code, on its own initiative or at the request of these services, information of any kind contained in these procedures and necessary for the performance of their mission in terms of the security and defence of information systems. If the procedure is the subject of an investigation, this communication may only take place with the approval of the investigating judge.

The examining magistrate may also proceed with this communication, under the same conditions and for the same purposes as those mentioned in the first paragraph of this I, for information proceedings referred to him, after obtaining the opinion of the Paris public prosecutor.

II.-By way of derogation from Article 11, the Paris Public Prosecutor may, for investigation or inquiry proceedings falling within the jurisdiction of the courts mentioned in the last paragraph of Article 706-75 and involving the offences mentioned in 3°, 5°, 12° and 13° of Article 706-73 and on the laundering of these offences, communicate to the specialised intelligence services mentioned in article L. 811-2 du code de la sécurité intérieure ainsi que aux services mentionnés à l'article L. 811-4 of the same code designated, with regard to their missions, by decree in the Council of State, on its own initiative or at the request of these services, of 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 organised crime and delinquency. If the procedure is the subject of an investigation, this communication may only take place with the approval of the investigating judge.

The examining magistrate may also make this communication, under the same conditions and for the same purposes as those mentioned in the first paragraph of this II, for information proceedings referred to him, after obtaining the opinion of the Paris public prosecutor.

III.-Information communicated pursuant to this article may not be exchanged with foreign intelligence services or with international bodies competent in the field of intelligence.

Unless the information relates to a conviction handed down in public, the persons to whom it is disclosed are 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.