#2026-224Decree No. 2026-224 of 30 March 2026 on the Status of Judicial Collaborator and Protection of Persons under Articles 706-62-2 and 706-63-1 of the Code of Criminal Procedure
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This decree establishes detailed procedural rules for granting, managing, and revoking the status of "collaborateur de justice" (justice collaborator/witness) in organized crime, terrorism, and financial crime cases. It creates a distinct confidential file for evaluation reports, declarations, and commission opinions until the Chambre de l'instruction decides on status. The National Commission for Protection and Reinsertion is restructured with expanded membership including specialized magistrates from organized crime, financial, and anti-terrorist prosecutor's offices. The Commission now issues formal opinions on collaborator status and decides on protection and reintegration measures, including the possible use of borrowed identities. It details procedures for implementing residual prison sentences if the collaborator breaches obligations under Article 132-78-1 of the Penal Code. Existing protection beneficiaries retain their measures but under the new rules from 1 April 2026.
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Key Changes
- Creation of a distinct confidential file (separate from main case file) for collaborator evaluation reports, declarations, commission opinions, requests and agreements until Chambre de l'instruction decision
- National Commission expanded to include one magistrate from organized crime courts, one from Parquet National Financier/Anti-Terrorist/Anti-Organized Crime units, plus Council of State member; vice-president now substitutes for president
- Commission now formally opines on granting of 'collaborateur de justice' status under Art. 706-63-1 C and is informed of all grants and revocations
+ 3 more changes with Pro
Obligations
What this law requires
The prosecutor of the Republic or investigating judge must communicate to the National Commission a copy of the evaluation report and declarations of the person applying for justice collaborator status, along with all relevant case documents
The evaluation report, declarations, Commission opinion, request, convention and related documents must be maintained in a separate file distinct from the main case file until the chambre de l'instruction rules on granting collaborator status
The prosecutor of the Republic must inform the National Commission when a justice collaborator's status is revoked by the chambre de l'instruction
The tribunal de l'application des peines must rule on the prosecutor's requisitions to enforce residual prison sentences imposed under Article 132-78-1 of the Penal Code and must specify the duration of imprisonment to be served
A copy of the tribunal's decision ordering enforcement of residual imprisonment must be delivered to the condemned person and their lawyer, and this decision serves as an order to the designated penitentiary establishment