Enacted parts

ARTICLE 511-3
(Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19 September 2000
Article 3 Official Journal of 22 September 2000 in force 1 January 2002; Act no. 2004-800 of 6 August 2004 Article 28 II
Official Journal of 7 August 2004)
The removal of an organ from a living adult without obtaining the person's consent pursuant to the conditions set out
by article L. 671-3 of the Public Health Code, or without authorisation being provided under paragraphs two and five of
that provision, is punished by seven years' imprisonment and a fine of €100,000, even when done for therapeutic
purposes,.
The same penalties apply to the removal of an organ from a living minor donor, or a living adult donor who is the
subject of a protective guardianship order, without complying with the conditions referred to under articles L. 671-4 and
L. 671-5 of the Public Health Code.
Updated 12/10/2005 - Page 117/132

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PENAL CODE
ARTICLE 511-4
(Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19 September 2000
Article 3 Official Journal of 22 September 2000 in force 1 January 2002)
Procuring from another person human organic tissues, cells or body products in return for payment in whatever form
is punished by five years' imprisonment and a fine of €75,000.
The same penalties apply to acting of as an intermediary to facilitate the procuring of human organic tissues, cells
or human products in return for any form of payment, or supplying human organic tissues, cells or products of the body
of others for payment.
ARTICLE 511-5
(Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19 September 2000
Article 3 Official Journal of 22 September 2000 in force 1 January 2002; Act no. 2004-800 of 6 August 2004 Article 28 II
Official Journal of 7 August 2004)
The removal of human organic tissues or cells, or the collection of a bodily product, from a living adult who has not
expressed his consent as provided for by article L. 1241-1 of the Public Heath Code is punished by five years'
imprisonment and a fine of €75,000.
The removal from a living minor or from a living adult who is the subject of a protective guardianship order of any
red blood-producing cells from the bone marrow without complying with the conditions laid down by, as applicable,
articles L. 1241-3 or L. 1241-4 of the Public Health Code, is punished by seven years' imprisonment and a fine of
€100,000.