Title VII: Criminal provisions

Carrying out the activities referred to in article L. 1222-1-1 or any other activity related to blood transfusion without holding the approval provided for in article L. 1222-11 or, where applicable, the authorisations provided for in articles L. 1221-10, L. 1221-12, L. 1222-3 and L. 1223-1, or in breach of the requirements laid down by these approvals or authorisations, is punishable by two years’ imprisonment and a fine of 75,000…

Contravening a decision to withdraw or suspend approval or authorisation taken pursuant to articles L. 1222-13 and L. 1221-10-2 is punishable by two years’ imprisonment and a fine of 75,000 euros.

Taking or attempting to take blood from a living person without that person’s consent is punishable by five years’ imprisonment and a fine of 150,000 euros. The same penalties shall apply to taking or attempting to take blood in breach of the provisions of article L. 1221-5 from a minor or a person of full age who is the subject of a legal protection measure with representation relating to the…

Obtaining or attempting to obtain blood from a person in return for payment, in any form whatsoever, is punishable by five years’ imprisonment and a fine of 150,000 euros. Providing or attempting to provide assistance in obtaining blood in return for payment, in any form whatsoever, is punishable by the same penalties.

The distribution, supply or use of blood, its components or derivatives without the biological analyses and screening tests for transmissible diseases required under article L. 1221-4 shall be punishable by two years’ imprisonment and a fine of 75,000 euros.

Altering or attempting to alter the characteristics of a person’s blood prior to sampling in breach of the provisions of article L. 1221-6 is punishable by a fine of 45,000 euros. In the event of a repeat offence, a six-month prison sentence may also be imposed. The same penalties shall apply to contravening or attempting to contravene the obligation imposed by article L. 1222-9 on the Etablissement Français du Sang…

The disclosure of information enabling both the donor and the recipient of blood to be identified, in breach of article L. 1221-7, is punishable by one year’s imprisonment and a fine of 7,500 euros.

Selling blood or labile blood-derived products at a price different from that set by the order issued for the application of article L. 1221-9 is punishable by one year’s imprisonment and a fine of 7,500 euros.

The provisions of articles L. 413-1, L. 413-3, L. 441-1, L. 451-1, L. 451-2, L. 451-5 and L. 454-1 to L. 454-4 of the French Consumer Code concerning the falsification of medicinal substances and the display, offering for sale or sale of falsified medicinal substances apply to human blood, its components and labile products derived therefrom. The same penalties as set out in the same articles shall apply to the…