I.-The act or attempt to distribute or transfer, free of charge or for a consideration, gene therapy preparations or xenogenic cell therapy preparations without authorisation or when authorisation is suspended or withdrawn is punishable by five years’ imprisonment and 375,000 €.
II – The same penalties apply to the act or attempted act of:
1° Importing or exporting gene therapy preparations or xenogenic cell therapy preparations without the authorisation referred to in Article L. 5124-13 ;
2° Preparing, storing, distributing, transferring, importing or exporting these same products without holding the authorisations provided for in articles L. 4211-8 and L. 4211-9.
III. – The penalties referred to in I and II are increased to seven years’ imprisonment and a fine of €750,000 when :
1° The offences referred to in the first paragraph have been committed as part of an organised gang ;
2° These same offences were committed on a telecommunications network intended for a non-specified public;
3° These same offences were committed by pharmaceutical establishments authorised in accordance with article L. 5124-3, brokers declared in accordance with article L. 5124-20, dispensing pharmacists holding the licence referred to in article L. 5125-4 and in-house pharmacists referred to in article L. 5126-5 of the same code.