Report No. 35

Appendix XXII

Provisions in French Penal Code Regarding Treason

Regarding disclosure of secrets, an extract of the following provisions from the French Penal Code1 would be interesting:-

"Article 75

Any French national shall be guilty of treason and sentenced to death, if he:

(1) bears arms against France;

(2) has dealings with a foreign power in order to induce it to undertake hostilities against France, or provides it with the means therefor, either by facilitating the entrance of foreign forces into French territory, or by undermining the allegiance of the army, navy or air force, or by any other means whatsoever;

(3) delivers to a foreign power or to its agents, any French troops or territories, cities, fortresses, fortifications, posts, stores, arsenals, materials, ammunition, ships or aircraft belonging to France or to countries over which France exercises sovereignty;

(4) in time of war instigates soldiers or sailors to enlist in the service of a foreign power, facilitates their doing so or enlists persons to service with a power which is at war with France;

(5) in time of war has dealings with a foreign power or its agents in order to promote the actions of that power against France.

Within the meaning of this section, the nationals of countries over which France exercises sovereignty, as well as foreigners serving France as soldiers or sailors, are to be considered like French nationals.

Within the meaning of this section, the territory of countries over which France exercises sovereignty are to be considered as French territory."

1. French Penal Code, American Series of Foreign Penal Codes, (1960), pp. 43 to 45.

"Article 76

Any French national shall be guilty of treason and sentenced to death, if he:

(1) By any means whatsoever delivers to a foreign power or its agents a secret of the national defence1, or who acquires by any means the possession of such a secret in order to deliver it to a foreign power or to its agents;

(2) wilfully destroys or damages any ship, aircraft, material, supply, building or equipment which could be used for the national defence, or, either before or after their completion, knowingly performs bad workmanship thereon, of such a nature as to prevent their functioning or to cause an accident;

(3) knowingly has participated in an action of demoralization of the army or nation aimed at prejudicing the national defence.

However, in time of peace any French national or foreigner shall be punished by solitary confinement if he is guilty of:

(a) wilful bad workmanship in the manufacture of war material, when this bad work manship is not of such a kind as to cause an accident; .

(b) wilful damage or destruction of material or equipment destined or used for national defence;

(c) severely impeding the transportation of these materials;

(d) knowingly participating in an action of demoralization of the army, aimed at prejudicing the national defence.

The wilful participation in an action performed by a group and with open force, directed at and resulting in one of the felonies referred to in paragraphs (a), (b) and (c), of this Article, as well as the preparation of such action, shall also be punished by solitary confinement."

1. See article 78, as to "Secrets of National Defence".

"Article 77

Any foreigner who commits one of the acts referred to in Article 75, paragraphs 2, 3, 4 and 5, and in Article 76, paragraphs 1, 2 and 3, shall be guilty of espionage and sentenced to death.

Instigation or offer to commit one of the felonies referred to in Articles 75 and 76 and in this Article shall be punished like the felony itself."

"Article 78

Within the meaning of this Code, the following are considered secrets of the national defense:

(1) Military as well as diplomatic, economic or industrial information, which, by its nature, is not to be made known except to those entitled thereto, and which ought to be kept secret from anybody else in the interest of the national defense;

(2) goods, materials, documents, designs, drafts, maps, surveys, pictures or other reproductions and all other documents whatsoever which, by their nature, are not to be made known except to those who are entitled to use and to have them, and which ought to be kept secret from anybody else because they may allow the discovery of information pertaining to the categories mentioned in the foregoing paragraph; military information of any nature whatsoever not made public by the government and not included in the above list and the publication, propagation, disclosure or dissemination of which has been prohibited by law or decree of the Council of Ministers;

(4) information pertaining to measures taken for the discovery and arrest of principals and accessories of felonies and misdemeanours against the external security of the state, or to procedure, investigation or pleadings."

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