ARTICLE 223-8
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
(Act no.2004-800 of 6 August 2004 article 5 IV Official Journal of 7 August 2004)
(Act no. 2004-806 of 9 August 2004 article 94 Official Journal of 11 August 2004)
Carrying out or causing biomedical research to be carried out on a person without having obtained the free,
informed and explicit consent of the person concerned, or of those who have parental authority for him or of his guardian
or any other person, authority or organisation appointed to consent to or to authorise the research in the cases provided
for under the provisions of the Code of Public Health is punished by three years' imprisonment and a fine of €45,000.
The same penalties are applicable where the biomedical research is practised after the consent has been
withdrawn.
The provisions of the present article do not apply to the examination of someone's genetic characteristics or to his
identification by his genetic fingerprints carried out for scientific research purposes.
ARTICLE 223-9
Legal persons may incur criminal liability for the offence defined under article 223-8, pursuant to the conditions set
out under article 121-2.
The penalties incurred by legal persons are:
1° a fine, pursuant to the conditions set out under article 131-38;
2° The penalties enumerated under article 131-39.
The prohibition mentioned under 2° of article 131-39 applies to the activity in the exercise of which or on the
occasion of the exercise of which the offence was committed.
SECTION V
ILLEGAL TERMINATION OF PREGNANCIES
Article 223-10
ARTICLE 223-10
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002
The termination of a pregnancy without the consent of the person concerned is punished by five years'
imprisonment and a fine of €75,000.
SECTION VI
OF INCITEMENT TO SUICIDE
Articles 223-13 to
223-15-1
ARTICLE 223-13
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002
Inciting] another person to commit suicide is punished by three years' imprisonment and a fine of €45,000 where the
incitement was followed by suicide or attempted suicide.
The penalty is increased to five years' imprisonment and to a fine of €75,000 where the victim of the offence defined
by the previous paragraph is a minor under fifteen years of age.
ARTICLE 223-14
Propaganda or advertising, in whatever manner, in favour of products, articles or methods recommended as means
to procure one's death, is punished by three years' imprisonment and a fine of €45,000.
ARTICLE 223-15
Where the misdemeanours set out under articles 223-13 and 223-14 are committed through the press or by
broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are
responsible.
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