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 guardian or of other persons, authorities or bodies designated to consent to the research or to authorise it, in the cases provided for by the Public Health Code or by Articles 28 to 31 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 €45,000.
The same penalties apply when the research is carried out while consent has been withdrawn.
The same penalties apply when non-interventional research is carried out with the person’s consent.
The provisions of this article do not apply to the examination of a person’s genetic characteristics or their identification by genetic fingerprinting for scientific research purposes. “