Report No. 198

7.6 France

In France, Article 706-57 to 706-63 of Penal Procedures Code contains provision for protection of witnesses. In regard to the procedure relating to a crime or an offence punishable with imprisonment upto five years, if it is found that there is danger to the life or the physical integrity of the witness, or any member of his family or of a close relative, then the examining-magistrate-publicprosecutor will be justified in authorising declaration of such witness as protected without his identity appearing in the file of the procedure.

In no circumstances can the identity or the address of such a witness be disclosed. The revelation of the identity or the address of such witness is a punishable offence. The above mentioned protections are not available where the knowledge of the identity of such person is essential to the exercise of the right of defence.