Enacted parts

ARTICLE 713-5
(Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September
Updated 12/10/2005 - Page 123/132

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PENAL CODE
2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002)
- ARTICLE 226-27 is drafted as follows:
"Researching the identification of a person through his DNA profile for medical purposes without obtaining his prior
consent in writing is punished by one year's imprisonment and a fine of €15,000.
The provisions of the previous paragraph do not apply:
1° where the study is carried out in the context of judicial proceedings;
2° or where, under exceptional circumstances, in the person's interest and in respect for his confidence, the consent
of the latter has not been obtained".
ARTICLE 713-6
(Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September
2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002)
- ARTICLE 226-28 is drafted as follows: 
"Researching the identification of a person through his DNA profile for purposes neither medical nor scientific, or
other than in an inquiry or investigation made in the course of judicial proceedings, is punished by one year's
imprisonment and a fine of €15,000.
The same penalty applies to the disclosure of information concerning the identification of a person through his DNA
profile or proceeding to the identification of a person through his DNA profile without holding the authorisation provided
under conditions laid down by by Decree in the Conseil d'Etat".
ARTICLE 723-1
(Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September
2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002)
The first paragraph of article 223-8 is drafted as follows: 
"Practising or causing biomedical research to be practised on a person without having obtained the free, informed
and explicit consent of the person concerned, or that of the holders of parental authority or of the tutor is punished by
three years' imprisonment and a fine of €45,000."