Section 4: Experiments on the human person
The fact of carrying out or having carried out on a person biomedical research without having obtained the free, informed and express consent of the person concerned, of the holders of parental authority or of the guardian or of other persons, authorities or bodies designated for consent to research or to authorize it, in the cases provided for by the provisions of the public health code, is punishable by three years’ imprisonment and a fine of 45,000 euros.The same penalties apply when biomedical research is carried out while consent has been withdrawn.
The provisions of this article are not applicable to the examination of the genetic characteristics of a person or to his identification by his genetic fingerprints carried out for the purposes of scientific research.
Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2, for the offense defined in article 223-8.
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 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.