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Civil Code
Civil Code
Book I: People
(Last modification: February 14
2020) Title I: Civil rights
Version effective February 24
2020
Version coming September 1
2020 Chapter III: Examination of the genetic characteristics of a person and
Version to come on July 1, 2021 the identification of a person by his genetic fingerprints
Consolidated version as of ...
Article 16-10 Learn more about this article ...
Day month Year
Amended by Law n ° 2004-800 of August 6, 2004 - art. 4 JORF August 7, 2004
October 6, 2013
Ex: 2020 The examination of a person's genetic characteristics can only be undertaken for medical or research purposes
scientist.
To consult
The person's express consent must be obtained in writing before the examination is carried out, after
that it has been duly informed of its nature and purpose. The consent mentions the purpose of the examination. It is
Hide navigation in formally revocable code at any time.
Summary
Preliminary title: De la
Article 16-11 Learn more about this article ...
publication, effects and
Amended by LAW n ° 2011-267 of March 14, 2011 - art. 6
law enforcement in general
Book I: People The identification of a person by his genetic fingerprints can only be sought:
Title I: Rights 1 ° In the context of investigative or investigative measures carried out during legal proceedings;
civilians
2 ° For medical or scientific research purposes;
Article 7
3 ° For the purpose of establishing, when it is unknown, the identity of deceased persons.
Article 8
Hide the search for articles in In civil matters, this identification can only be sought in execution of an investigative measure ordered by the
within the judge code seized of an action tending either to the establishment or the contestation of a filiation link, or to the obtaining or the
Enter a word from an article or delete a grant. The consent of the interested party must be previously and expressly obtained. Unless agreed
express article number of the person manifested during his lifetime, no identification by genetic fingerprints can be carried out
Search the entirety of after death.
code When the identification is carried out for medical or scientific research purposes, the express consent of the
Limit the search to 'Party person must be collected in writing before carrying out the identification, after he has been duly informed
Legislative 'of its nature and purpose. The consent mentions the purpose of the identification. It is revocable without form and at any
Limit the search to 'Part time.
Regulatory ''
When the search for identity mentioned in 3 ° concerns either a soldier who died during an operation carried out
Word or expression within by the armed forces or the attached formations, either a victim of natural disaster, or a person doing
articles subject of research under article 26 of law n ° 95-73 of January 21, 1995 of orientation and programming relating to
security and whose death is assumed, samples intended to collect the biological traces of this person
can be carried out in places that it is likely to have usually visited, with the agreement of the manager
Number
places or, in case of refusal thereof or inability to collect this agreement, with the authorization of the judge of liberties and
of the detention of the high court. Levies for the same purpose on ascendants, descendants or
This person's supposed collateral can also be realized. Each person's express consent
concerned is then collected in writing prior to the taking of the sample, after it has been duly
Look informed of the nature of this direct debit, its purpose as well as the revocable nature of its
consent. The consent mentions the purpose of the sample and the identification.
The procedures for carrying out the identification searches mentioned in 3 ° of this article are specified by
decree in Council of State.
Article 16-12 Learn more about this article ...
Amended by Law n ° 2004-800 of August 6, 2004 - art. 4 JORF August 7, 2004
Only persons who have been the subject of a DNA fingerprinting authority
approval under conditions set by decree of the Council of State. In legal proceedings, these people
must also be entered on a list of judicial experts.
Article 16-13 Learn more about this article ...
Amended by Law n ° 2004-800 of August 6, 2004 - art. 4 JORF August 7, 2004
No one may be discriminated against because of their genetic characteristics.
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