Persons deprived of their liberty by a judicial or administrative decision, persons undergoing psychiatric care pursuant to Articles L. 3212-1 and L. 3213-1 who are not covered by the provisions of Article L. 1121-8 and persons admitted to a health or social establishment for purposes other than research may only be asked to take part in research mentioned in 1° or 2° of Article L. 1121-1 under the following conditions :
– either the magnitude of the expected benefit for these persons is such as to justify the foreseeable risk incurred ;
– or this research is justified in terms of the expected benefit for other persons in the same legal or administrative situation, provided that research of comparable effectiveness cannot be carried out on another category of the population. In this case, the foreseeable risks and constraints involved in the research must be minimal.