GENETIC STUDIES INFRINGEMENTS
LexInter | January 31, 2002 | 0 Comments

GENETIC STUDIES INFRINGEMENTS

Section 6: Attacks on the person resulting from the genetic study of his characteristics or identification by his genetic fingerprints
Section 6: Injury to the person resulting from the examination of his genetic characteristics or identification by his genetic fingerprints.

Article 226-25

Examining the genetic characteristics of a person for purposes other than medical or scientific research, or for medical or scientific research purposes, without having previously obtained their consent under the conditions provided for in article 16-10 of the Civil Code, is punished by one year’s imprisonment and a fine of 15,000 Euros.

Article 226-26

The fact of diverting from their medical or scientific research purposes the information collected on a person by means of the examination of his genetic characteristics is punishable by one year of imprisonment and a 15,000 euros fine.

Article 226-27

The fact of identifying a person by his genetic fingerprints for medical or scientific research purposes without having obtained his consent under the conditions provided for by article 16-11 of the Civil Code is punishable by one year. imprisonment and a fine of 15,000 Euros.

Article 226-28

The fact of seeking the identification by his genetic fingerprints of a person, when it is not a soldier who died during an operation carried out by the armed forces or the associated formations, for purposes that are neither medical nor scientific or outside a measure of investigation or investigation carried out during a legal procedure or verification of a civil status record undertaken by the diplomatic or consular authorities within the framework of of the provisions of article L. 111-6 of the code on the entry and stay of foreigners and the right of asylum is punished by one year’s imprisonment or a fine of 1,500 euros.

The same penalties shall apply to disclosing information relating to the identification of a person by his genetic fingerprints or to identifying a person by his genetic fingerprints without being the holder of the authorization provided for in the article L. 1131-3 of the public health code.

Article 226-29

The attempt of the offenses provided for in articles 226-25, 226-26, 226-27 and 226-28 is punishable by the same penalties.

Article 226-30

Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in this section.

The penalties incurred by legal persons are:

1 ° The fine, in accordance with the terms set out in article 131-38;

2 ° The penalties mentioned in 2 °, 3 °, 4 °, 5 °, 7 °, 8 ° and 9 ° of article 131-39.

The prohibition mentioned in 2 ° of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.

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