French Code of Criminal Procedure
In forceI.-The criminal investigation police officer may, with regard to the persons mentioned in the first, second or third paragraphs of Article 706-54, take a biological sample or have it taken under his or her supervision in order to analyse the identification of their genetic fingerprint. Prior to this operation, he or she may verify or have verified by a judicial police officer under his or her control or by a specialised officer, technician or engineer of the technical and scientific police under his or her control, that the genetic fingerprint of the person concerned is not already registered, on the basis of his or her civil status alone, in the national automated genetic fingerprint database.
In order for this analysis to be carried out, the judicial police officer or, under the latter's supervision, the judicial police agent may request any person authorised under the conditions laid down by article 16-12 of the Civil Code, without it being necessary for this person to be registered on a list of judicial experts; in this case, the person then takes the oath provided for in the third paragraph of article 60 of this code. The requests provided for in this paragraph may also be made by the public prosecutor or the investigating judge. When the analysis is requested from the technical and forensic police services or bodies mentioned in Article 157-2, there is no need to swear an oath and if the request is made by a judicial police officer or a judicial police agent, it is not necessary to draw up a requisition for this purpose.
The services, bodies or persons called upon to carry out the analyses in accordance with the previous paragraph may carry out, by any means including telematic, at the request of the judicial police officer or, under his supervision, of the judicial police agent or at the request of the public prosecutor or investigating judge, operations enabling the recording of fingerprints in the national automated genetic fingerprint database.
When it is not possible to take a biological sample from a person mentioned in the first paragraph, the identification of their genetic fingerprint may be carried out from biological material that would have naturally become detached from the body of the person concerned.
When it concerns a person convicted of a crime or found guilty of an offence punishable by ten years' imprisonment, the sample may be taken without the consent of the person concerned on the written instructions of the public prosecutor. The same applies to persons prosecuted for a felony or misdemeanour punishable by ten years' imprisonment who have been found not criminally responsible under the articles 706-120, 706-125, 706-129, 706-133 ou 706-134.
II.-Refusing to submit to the biological sample provided for in the first paragraph of I is punishable by one year's imprisonment and a fine of 15,000 euros.
When these acts are committed by a person convicted of a crime, the penalty is two years' imprisonment and a fine of 30,000 euros.
Notwithstanding the provisions of the Articles 132-2 to 132-5 of the Penal Code, the sentences handed down for the offences provided for in this article are cumulative, without the possibility of confusion, with those that the person was undergoing or those handed down for the offence that was the subject of the proceedings in connection with which the samples were to be taken.
The act, for a person who is the subject of a taking, of committing or attempting to commit manoeuvres intended to substitute for his own biological material the biological material of a third person, with or without his consent, is punishable by three years' imprisonment and a fine of 45,000 euros.
