Where it has not been taken in the course of the investigation, enquiry or trial proceedings, the sample shall be taken, on the instructions of the public prosecutor or the public prosecutor and in accordance with the procedures set out in I of Article 706-56, within one year at the latest:
1° Either, if the person has been definitively sentenced to a penalty, from the end of the execution of the penalty or, in the case of a suspended sentence, from the fact that the penalty has not been carried out;
2° Or, if the person has been the subject of a decision of conviction not followed by the pronouncement of a sentence, from the day on which this decision became final;
3° Or, if the person has been the subject of a decision that he or she is not criminally irresponsible, from the day this decision becomes final, or, if the person has been the subject of a compulsory hospitalisation measure or a security measure mentioned in Article 706-136, from the end of the execution of this measure.