Enacted parts

ARTICLE 413-8
Attempt to commit the misdemeanours referred to under articles 413-2 and 413-5 to 413-7 is subject to the same
penalties.
SECTION II
VIOLATIONS OF NATIONAL DEFENCE SECRETS
Articles 413-9 to 413-12
ARTICLE 413-9
(Act no. 94-89 of 1st February 1994 Article 9 Official Journal of 2nd February 1994 in force 1st March 1994)
Updated 12/10/2005 - Page 86/132

---

PENAL CODE
The quality of national defence secrets, for the purposes of this section, attaches to information, processes, articles,
documents, and computerised data or files which are of importance to national defence and which are subject to
protective orders intended to restrict their circulation.
The object of such orders may be information, processes, articles, documents, computerised data or files the
disclosure of which is liable to prejudice national defence or could lead to the disclosure of a national defence secret.
A Decree of the Conseil d'Etat shall provide for the levels of classification of information, processes, articles,
documents, and computerised data or files which are in the nature of national defence secrets and the authorities in
charge for the specification of the means to ensure their protection.
ARTICLE 413-10
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
A penalty of seven years' imprisonment and a fine of €100,000 applies to the destruction, misappropriation, theft or
duplication, as well as to the communication to the public or to an unauthorised person, by any person holding such a
confidential information because of his position or occupation or any permanent or temporary mission, of any
information, process, article, document, or computerised data or file which is a national defence secret. 
The same penalties apply to the holder who permits the destruction, misappropriation, removal, duplication or
revelation of any information, process, article, document, computerised data or file referred to under the previous
paragraph.
Where the holder has behaved negligently or recklessly, the offence is punished by three years' imprisonment and a
fine of €45,000.