On receipt of the sample(s), as appropriate, the Agence nationale de sécurité du médicament et des produits de santé or the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail or the specialised establishment or body designated by it to carry out the analyses enters a registration number for each sample on the label referred to in Article R. 5127-10.
The results of the analyses and the conclusions of the analysis report are communicated to the officials who drew up the report or the sampling record and, as appropriate, to the Agence nationale de sécurité du médicament et des produits de santé or the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail if the latter has designated another establishment or specialised body to carry out these…
If the analysis report reveals facts that could lead to criminal prosecution, it is forwarded to the public prosecutor, together with the report or record of the sample-taking and the third sample kept by the officer who took the sample.
For the application of Article R. 5127-13, where, due to the circumstances that led to the sample being taken or the appearance of the sample, as the case may be, the Director General of the Agence nationale de sécurité du médicament et des produits de santé or the Director General of the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail or the official(s) who drew up…
The products seized are placed under seal and sent to the public prosecutor at the same time as the official report. If it is not possible to send them immediately, they are left with the person concerned or, if he refuses, in a place chosen by the author of the official report.
If the Public Prosecutor considers, following the inspector’s report or the laboratory’s report, and if necessary after a preliminary investigation, that proceedings should be instituted or an investigation initiated, he shall refer the matter to the court or the investigating magistrate, as the case may be. If an expert opinion is required, it will be carried out in accordance with the rules of this sub-section.
If the presumption of an offence is based on the laboratory analysis, the public prosecutor will inform the alleged perpetrator of the fraud or falsification that he or she may obtain the laboratory report and that he or she has three clear days in which to present his or her observations and to state whether or not he or she is requesting an expert opinion.
When an expert opinion has been requested, two experts are appointed, one by the examining magistrate and the other by the person concerned. The investigating magistrate will set a time limit for the latter to do so, but he or she has the right to explicitly waive the appointment and defer to the conclusions of the expert appointed by the judge. If the interested party, without having waived his right,…
After checking the integrity of the seals, the two experts are given the sample previously held by the owner or holder and the sample previously held by the agent who took the sample and forwarded to the public prosecutor. The examining magistrate will provide the experts with the sampling reports as well as the laboratory report, medical prescriptions, invoices, consignment notes, accounting documents and, in general, all documents that the…
If the owner or keeper does not submit his sample intact within the time limit set by the examining magistrate, the sample is no longer taken into account. In this case, the two experts are assigned to examine a single sample. When, in the course of or as a result of their investigations, the experts are led to presume that a substitution of samples has been made, they are obliged…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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