Chapter III: Criminal provisions

As stated in Article 226-26 of the French Criminal Code, reproduced below: “The act of diverting information gathered on a person by means of an examination of their genetic characteristics from their medical or scientific research purposes is punishable by one year’s imprisonment and a fine of €15,000. “

As stated in Article 226-27 of the Criminal Code, reproduced below: “The act of identifying a person by genetic fingerprinting for medical or scientific research purposes or of taking biological traces of an ascendant, descendant or collateral relative for the purpose of establishing the identity of a person referred to in 3° of the same article by genetic fingerprinting, without the person’s consent having been obtained under the conditions set…

As stated in Article 226-28 of the Criminal Code, reproduced below: “The fact of seeking to identify a person by his or her genetic fingerprints outside the cases provided for in Article 16-11 of the Civil Code or outside a measure of investigation or enquiry carried out during a procedure to verify a civil status record undertaken by diplomatic or consular authorities under the provisions of Article L. 111-6 of…

Any person who requests the examination of his or her genetic characteristics or those of a third party, or the identification of a person by his or her genetic fingerprints, outside the conditions laid down by law, shall be liable to the penalty provided for in Article 226-28-1 of the Criminal Code.

As stated in article 226-29 of the Criminal Code, reproduced below: “Attempted offences under articles 226-25, 226-26, 226-27 and 226-28 are punishable by the same penalties. “

As stated in Article 226-30 of the French Penal Code, which is reproduced below: Art. 226-30 – Legal entities held criminally liable, under the conditions set out in article 121-2, for the offences defined in this section shall incur, in addition to the fine set out in article 131-38, the penalties set out in 2° to 5° and 7° to 9° of article 131-39. The prohibition referred to in 2°…

Genetic counsellors and students preparing for the profession are bound by professional secrecy under the conditions and penalties set out in articles 226-13 and 226-14 of the French Penal Code.

Illegal practice of the profession of genetic counsellor is punishable by one year’s imprisonment and a fine of 15,000 euros. Natural persons are also liable to the following additional penalties: a) Display or dissemination of the decision handed down, under the conditions set out inarticle 131-35 of the French Penal Code ; b) Confiscation of the thing that was used or intended to be used to commit the offence or…

Legal entities held criminally liable, under the conditions set out in article 121-2 of the French Criminal Code, for the offence defined in article L. 1133-8 shall incur, in addition to the fine set out in article 131-38 of the French Criminal Code, the penalties set out in 2° to 9° of article 131-39 of the same code, under the conditions set out in articles 131-46 to 131-48 of the…

The unauthorised use of the title of medical genetic counsellor or of a diploma, certificate or other title legally required for the practice of this profession is punishable in the same way as the offence of usurpation of title provided for in article 433-17 of the French Pen al Code. Legal entities declared criminally liable, under the conditions provided for in article 121-2 of the French Penal Code, for the…