LexInter | June 14, 2018 | 0 Comments


PENAL CODE (Legislative Part)

Paragraph 1: Breach of professional secrecy

Article 226-13

The revelation of information of a secret nature by a person who is the custodian of it either by state or by profession, or because of a function or a temporary mission, is punishable by one year of imprisonment and 15,000 euros. fine.

Article 226-14

Article 226-13 is not applicable in cases where the law requires or authorizes the disclosure of the secret. In addition, it is not applicable:

1 ° To anyone who informs the judicial, medical or administrative authorities of deprivation or abuse, including in the case of sexual assault or mutilation, of which he is aware and which has been inflicted on a minor or on a person who is unable to protect themselves because of their age or their physical or mental incapacity;

2 ° To the doctor who, with the consent of the victim, brings to the attention of the public prosecutor any abuse or deprivation he has observed, physically or psychically, in the exercise of his profession and who allow one to presume that physical, sexual or psychological violence of any kind has been committed. When the victim is a minor or a person who is unable to protect himself because of his age or his physical or mental incapacity, his consent is not necessary;

3 ° To health or social action professionals who inform the prefect and, in Paris, the police prefect of the dangerous nature for themselves or for others of the persons who consult them and of whom they know that they have a weapon or that they have indicated their intention to acquire one.

Reporting to the competent authorities under the conditions provided for in this article may not be subject to any disciplinary sanction.

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