Call Us + 33 1 84 88 31 00

Article L1128-1 of the French Public Health Code

As stated in article 223-8 of the Criminal Code, reproduced below: “The fact of carrying out or having carried out on a person the research mentioned in 1° or 2° of article L. 1121-1 or a clinical trial mentioned in article L. 1124-1 of the Public Health Code without having obtained the free, informed and, where applicable, written consent of the person concerned, of the holders of parental authority or…

Read More »

Article L1128-2 of the French Public Health Code

As stated in article 223-9 of the French Criminal Code, reproduced below: “Legal entities may be held criminally liable, under the conditions set out in article 121-2, for the offence defined in article 223-8. The penalties incurred by legal entities are : 1° A fine, in accordance with the provisions of article 131-38 ; 2° The penalties referred to in article 131-39. The prohibition referred to in 2° of article…

Read More »

Article L1128-3 of the French Public Health Code

Carrying out or causing to be carried out research involving the human person in breach of the provisions of Articles L. 1121-5 to L. 1121-8 and Article L. 1122-1-2 and in breach of Articles 31 to 34 of Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products is punishable by three years’ imprisonment and a fine of…

Read More »

Article L1128-4 of the French Public Health Code

Legal entities declared criminally liable, under the conditions set out in article 121-2 of the French Penal Code, for the offence defined in article L. 1128-3 shall incur, in addition to the fine set out in article 131-38 of the French Penal Code, the penalties set out in article 131-39 of the same code. The prohibition mentioned in 2° of article 131-39 of the French Penal Code applies to the…

Read More »

Article L1128-5 of the French Public Health Code

It is punishable by one year’s imprisonment and a fine of 15,000 euros to carry out or cause to be carried out research involving the human person: 1° Without having obtained a favourable opinion from a personal protection committee and, in the case of research mentioned in 1° of Article L. 1121-1, authorisation from the competent authority in accordance with Article L. 1121-4 or without having obtained the single decision…

Read More »

Article L1128-7 of the French Public Health Code

Notwithstanding article 13 of the law of 16 and 24 August 1790 on the organisation of the judiciary, the judicial court alone has jurisdiction to rule on any action for compensation for damage resulting from research involving the human person; this action is time-barred under the conditions set out in article 2226 of the Civil Code.

Read More »

Article L1128-8 of the French Public Health Code

Failure by the sponsor to provide the investigators of chemical, pharmaceutical, biological, pharmacological or toxicological tests with the information required by law relating to the test, the medicinal products to be tested, the medicinal products used as a reference and the summary of the latest scientific knowledge required to carry out the research is punishable by two years’ imprisonment and a fine of 30,000 euros.

Read More »

Article L1128-10 of the French Public Health Code

In the context of the research mentioned in 1° of Article L. 1121-1 and Article L. 1124-1, failure by the sponsor to provide investigators free of charge for the duration of the research with the investigational medicinal products and, where applicable, the devices used to administer them and, in the case of research involving products other than medicinal products, the products which are the subject of the research, is punishable…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.