Protection Of Witnesses
LexInter | July 4, 2017 | 0 Comments

Protection Of Witnesses

Article 706-57

(Law n ° 2001-539 of June 25, 2001 art. 26 Official Journal of June 25, 2001 in force on January 1, 2002) (Law n ° 2001-1062 of November 15, 2001 art. 57 Official Journal of November 16, 2001) (Law n ° 2002 -307 of March 4, 2002 art. 2 Official Journal of March 5, 2002)
   Persons against whom there is no plausible reason to suspect that they have committed or attempted to commit an offense and who are likely to provide evidence relevant to the proceedings may, with the authorization of the public prosecutor or the examining magistrate, declare as domicile the address of the police station or the gendarmerie brigade.
   The address of these persons is then entered in a listed and initialed register, which is opened for this purpose.

Article 706-58

(Law n ° 2001-539 of June 25, 2001 art. 26 Official Journal of June 25, 2001 in force on January 1, 2002) (Law n ° 2001-1062 of November 15, 2001 art. 57 Official Journal of November 16, 2001) (Law n ° 2002 -1138 of September 9, 2002 art. 39 Official Journal of September 10, 2002)

   In the event of proceedings relating to a felony or an offense punishable by at least three years’ imprisonment, when the hearing of a person referred to in article 706-57 is likely to seriously endanger life or the physical integrity of this person, members of his or her family or relatives, the judge of freedoms and detention, seized by a reasoned request from the public prosecutor or the examining magistrate, may, by reasoned decision, authorize that the statements of this person are collected without his identity appearing in the file of the procedure. This decision is not subject to appeal, subject to the provisions of the second paragraph of article 706-60. The liberties and detention judge may decide to proceed with the hearing of the witness himself.
   The decision of the judge of freedoms and detention, which does not reveal the identity of the person, is attached to the report of the hearing of the witness, on which does not appear the signature of the person concerned. The identity and address of the person are recorded in another report signed by the person concerned, which is placed in a file separate from the file of the procedure, in which also appears the request provided for in the previous paragraph. The identity and address of the person are entered in a listed and initialed register, which is opened for this purpose at the tribunal de grande instance.

Article 706-59

(Law n ° 2001-539 of June 25, 2001 art. 26 Official Journal of June 25, 2001 in force on January 1, 2002) (Law n ° 2001-1062 of November 15, 2001 art. 57 Official Journal of November 16, 2001)
   Under no circumstances may the identity or address of a witness having benefited from the provisions of articles 706-57 or 706-58 be revealed, except in the case provided for by the last paragraph of article 706-60.
   Disclosure of the identity or address of a witness who has benefited from the provisions of articles 706-57 or 706-58 is punishable by five years’ imprisonment and a fine of 75,000 euros.

Article 706-60

(Law n ° 2001-539 of June 25, 2001 art. 26 Official Journal of June 25, 2001 in force on January 1, 2002) (Law n ° 2001-1062 of November 15, 2001 art. 57 Official Journal of November 16, 2001)
   The provisions of article 706-58 do not apply if, in view of the circumstances in which the offense was committed or the personality of the witness, knowledge of the identity of the person is essential for the exercise of the rights of defense.
   The indicted person may, within ten days from the date on which he was informed of the content of a hearing carried out under the conditions of article 706-58, contest, before the president of the chamber of the investigation, recourse to the procedure provided for in this article. The president of the investigating chamber rules by reasoned decision which is not subject to appeal in view of the documents of the procedure and those appearing in the file mentioned in the second paragraph of article 706-58. If he considers the dispute justified, he orders the cancellation of the hearing. He may also order that the identity of the witness be revealed on condition that the latter expressly makes it known that he accepts the lifting of his anonymity.

Article 706-61

(Law n ° 2001-539 of June 25, 2001 art. 26 Official Journal of June 25, 2001 in force on January 1, 2002) (Law n ° 2001-1062 of November 15, 2001 art. 57 Official Journal of November 16, 2001)

   The person indicted or referred to the trial court may request to be confronted with a witness heard in application of the provisions of article 706-58 by means of a technical device allowing the witness to be heard from a distance or to have this witness questioned by his lawyer by the same means. The witness’s voice is then rendered unidentifiable by appropriate technical procedures.

Article 706-62

(inserted by Law n ° 2001-1062 of November 15, 2001 art. 57 Official Journal of November 16, 2001)

   No conviction may be pronounced on the sole basis of statements collected under the conditions provided for by articles 706-58 and 706-61.

Article 706-63

(inserted by Law n ° 2001-1062 of November 15, 2001 art. 57 Official Journal of November 16, 2001)

   A Council of State decree specifies, as necessary, the conditions of application of the provisions of this title.

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