Title VII: Criminal provisions

As stated in Article 511-3 of the Criminal Code, reproduced below: “The act of removing an organ from a living adult, including for therapeutic purposes, without the consent of the person concerned having been obtained under the conditions set out in III of article L. 1231-1 of the Public Health Code or without the authorisation provided for in the second paragraph of I and the second paragraph of IV of…

As stated in Article 511-4 of the French Criminal Code, reproduced below: “Obtaining the removal of tissues, cells or products from a person’s body in return for payment, in whatever form, is punishable by five years’ imprisonment and a fine of 75,000 euros. The same penalties shall apply to assisting in the procurement of human tissues, cells or products in return for payment, in whatever form, or to transferring for…

As stated in Article 511-5 of the French Penal Code, reproduced below: “The taking of tissue or cells or the collection of a product from a living person of legal age without that person’s consent having been expressed under the conditions set out in the last three paragraphs of Article L. 1241-1 of the Public Health Code is punishable by five years’ imprisonment and a fine of 75,000 Euros. Taking…

As stated in Article 511-5-1 of the Criminal Code, reproduced below: Art. 511-5-1 -The taking of samples for scientific purposes from a deceased person without having submitted the protocol provided for in article L. 1232-3 of the Public Health Code is punishable by two years’ imprisonment and a fine of €30,000. The same penalties apply to the implementation of a protocol that has been suspended or prohibited by the Minister…

As stated in Article 511-5-2 of the Criminal Code, reproduced below: Art. 511-5-2.-I.-The act of preserving and processing organs, tissues, cells or blood, its components and derived products for scientific purposes, including genetic research, is punishable by five years’ imprisonment and a fine of 75,000 euros: 1° Without having made the prior declaration provided for in article L. 1243-3 of the Public Health Code ; 2° While the Minister in…

As stated in Article 511-7 of the Criminal Code, reproduced below: “The fact of removing organs or transplanting organs, removing tissues or cells, transplanting tissues or administering cell therapy preparations, or preserving or processing tissues or cell therapy preparations in an establishment that has not obtained the authorisation required by Articles L. 1233-1, L. 1234-2, L. 1242-1, L. 1243-2 or L. 1243-6 of the Public Health Code, or after the…

As stated in article 511-8 of the Criminal Code, reproduced below: “The act of distributing or transferring organs, tissues, cellular products for therapeutic purposes or human products with a view to donation without complying with the health safety rules required under the provisions of article L. 1211-6 of the Public Health Code is punishable by two years’ imprisonment and a fine of 30,000 euros. “

As stated in article 511-8-1 of the French Criminal Code, reproduced below: “The act of distributing or transferring cell therapy tissues or preparations for therapeutic use in breach of the provisions of Article L. 1243-2 of the Public Health Code is punishable by two years’ imprisonment and a fine of €30,000. “

The penalties for importing or exporting organs, tissues, cells and cell products for therapeutic purposes in breach of the provisions adopted for the application of articles L. 1235-1, L. 1245-5 and L. 1245-5-1 of this Code are set out in article 511-8-2 of the Criminal Code.

As stated in Article 511-19-1 of the Criminal Code, reproduced below: Art. 511-19-1 -The removal, preservation or use of embryonic or foetal tissues or cells following termination of pregnancy under conditions that do not comply with those set out in the first, second and fourth paragraphs of Article L. 1241-5 of the Public Health Code or for purposes other than diagnostic, therapeutic or scientific purposes is punishable by two years’…