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Article L5462-5-1 of the French Public Health Code

Selling, reselling or using a device referred to in Article 1 of Regulation (EU) 2017/746 or a category of devices without complying with the conditions laid down pursuant to the provisions of 3° of Article L. 5221-8 of this code is punishable by two years’ imprisonment and a fine of €150,000.

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Article L5462-6 of the French Public Health Code

For the criminal offences mentioned in this chapter, natural persons are also liable to the following additional penalties: 1° Display or dissemination of the decision handed down, under the conditions and subject to the penalties provided for in article 131-35 of the Criminal Code ; 2° Temporary or permanent disqualification from exercising one or more professions governed by this Code, from exercising a commercial or industrial profession, from directing, administering,…

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Article L5462-7 of the French Public Health Code

Legal entities declared criminally liable, under the conditions set out in article 121-2 of the French Criminal Code, for the offences set out in this chapter shall incur, in addition to the fine set out in article 131-38 of the same Code, the penalties set out in article 131-39, 2° to 9° of that Code.

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Article L5462-7-1 of the French Public Health Code

I.-The following is punishable by two years’ imprisonment and a fine of €150,000: 1° Continuing, with regard to the devices mentioned in Article 1 of Regulation (EU) 2017/746 the activities that have been the subject of one of the measures provided for in paragraph 4 of Article 90, paragraph 2 of Article 92 and paragraph 1 of Article 93 of this Regulation; 2° Failing to carry out the withdrawal or…

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Article L5462-8 of the French Public Health Code

The following constitutes a breach subject to a financial penalty: 1° The fact, for the manufacturer of a device mentioned in Article 1 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 or, where applicable, for its authorised representative, having become aware of a serious incident occurring on French territory concerning this device, of failing to notify it to the National Agency for…

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Article L5463-1 of the French Public Health Code

In addition to the officers and agents of the judicial police acting in accordance with the provisions of the Code of Criminal Procedure, the agents mentioned in article L. 511-3 and in 1° and 2° of I of article L. 511-22 of the Consumer Code and the doctors appointed by the Director General of the Regional Health Agency are authorised to investigate and record breaches of the provisions of article…

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