¹ This Law shall rule:

A.

The use of DNA profiles in criminal proceedings;

B.

The processing of DNA profiles in a federal information system;

C.

Identification, by comparison of DNA profiles, of persons unknown, missing or deceased, outside a criminal procedure. ¹

² In particular, it aims to increase the effectiveness of criminal prosecution by:

A.

The use of DNA profiling for the purpose of:

1.

Identify suspects and raise suspicions against others,

2.

Early detection, through the systematic analysis of biological material, of the common elements of various offences, including the identification of organized crime groups, serial offenders and repeat offenders,

3.

Contribute to the administration of evidence;

B.

The comparison of DNA profiles in the context of mutual legal assistance and mutual assistance in police matters.

³ ... ²

Where the prosecution or trial of an offence is governed by the Code of Criminal Procedure of 5 October 2007 ² , the provisions of section 2 of this Law concerning criminal proceedings shall not apply.

¹ The DNA profile is an alphanumeric code specific to each individual that is established, using molecular biology techniques, from non-coding sequences of DNA genetic material.

² In the analysis of DNA, it is forbidden to seek to determine the state of health or other characteristics of the person concerned, with the exception of his sex.

³ The DNA profile and the basic sample may not be used for any purpose other than those provided for in this Act (s. 1).

¹ For the purpose of elucidating a crime or an offence, a collection, such as a smear of the jugal mucosa, may be carried out for the purpose of DNA analysis on the following persons (persons in question):

A.

Suspects;

B.

Other persons, in particular victims and persons entitled to visit the premises of the offence if this is necessary to distinguish their traces from those of the suspects.

² In large-scale investigations undertaken to elucidate a crime, a collection, such as a smear of the jugal mucosa, may be carried out for the purposes of DNA analysis on persons with specific characteristics In connection with the commission of the act, in order to exclude that they may have been the authors or to be confused with them.

³ Subject to a large survey, no analysis of the sample is conducted until it is established that the conditions for entering the DNA profile in the information system (s. 11) are fulfilled.

A DNA profile is derived from biological material that relates to an offence (trace) or from samples taken from deceased persons if concrete evidence suggests that this measure is useful for the elucidation of the Crime or crime.

Immediately following the force of the judgment, a sample may be taken and a DNA profile established on individuals:

A. ¹

Have been sentenced to deprivation of liberty or deprivation of liberty for more than one year for an intentional crime;

B.

Who have been convicted of a crime or an offence committed intentionally against life and bodily integrity or against sexual integrity;

C. ²

Against which a therapeutic measure (art. 59 to 63 of the Penal Code, CP ³ ), internment (art. 64 CP) or placement (art. 15 of the juvenile criminal law of 20 June 2003 ⁴ ) Has been pronounced.

¹ Where an identification is not otherwise possible, DNA profiles may be established outside the criminal procedure for:

A.

Deceased persons;

B.

People who cannot give information about their identity because of their age, an accident, a lasting illness, a disability, a mental disorder or an alteration of consciousness.

² The biological material of such persons may also be analysed if it is likely to contribute to their identification.

³ Biological material of missing persons can be analysed in preparation for their identification.

⁴ DNA profiles of presumed parents of a person to be identified may be established for comparison purposes only with their written consent.

¹ The police, the criminal investigation authority or the criminal court (authorities ordering the measures) may order:

A.

Non-invasive removal of samples from individuals (s. 3, para. 1) and analysis of these samples for the establishment of a DNA profile;

B.

Analysis of traces and samples of deceased persons for DNA profiling (art. 4).

² When the police order a sample collection, they shall inform the person concerned of their right to challenge that decision with the criminal investigating authority. In the event of a dispute, the execution of the levy shall be carried out only if the criminal investigating authority confirms the decision.

³ The judicial authorities shall decide on:

A.

Conducting large-scale investigations (s. 3, para. 2);

B.

Invasive specimen collection and analysis for DNA profiling.

⁴ The judgment authority decides on the collection of samples and their analysis for the establishment of a DNA profile of convicted persons (art. 5).

⁵ If another authority is competent for an identification within the meaning of s. 6, the latter may also order a sample collection and analysis for the establishment of a DNA profile.

¹ The Federal Department of Justice and Police (Department) designates laboratories entitled to carry out DNA analyses within the meaning of this Law.

² The authority ordering the measurements shall carry out the tests in a laboratory within the meaning of s. 1.

³ The sample is equipped with a process control number to make it anonymous; the same number is assigned to the data relating to the identity of the person involved and to the other identifying data (photographs, fingerprints).

⁴ Only the data necessary for the establishment of the DNA profile and the determination of its probative value, such as those relating to the race of the person in question, shall be communicated to the laboratory with the sample. The offence or where the traces were found.

¹ The authority that ordered the action shall destroy the sample taken from a person:

A.

If the DNA profile of the person involved has already been established;

B.

After three months, from the day of collection, if that authority has not prescribed an analysis;

C.

If it transpired that the person in question cannot be the perpetrator of the crime or the offence;

D.

After identification of the person in the cases provided for in s. 6.

² The laboratory destroys the sample taken from a person as soon as the DNA profile meets the quality requirements necessary for its entry into the DNA profile information system (s. 10 to 13), but no later than three months after receiving it.

¹ The DNA profile-based information system enables the comparison of DNA profiles for the purposes of criminal prosecution and identification of unknown or missing persons.

² The information system is managed exclusively by the Confederation.

¹ The information system includes DNA profiles:

A.

Persons suspected of having committed or participated in a crime (s. 3);

B.

Sentenced persons (art. 5);

C.

Deceased persons and traces (art. 4).

² In addition, DNA profiles are entered into the information system:

A.

Persons not identified, living or deceased (s. 6, para. 1);

B.

Biological materials attributable to missing persons (art. 6, para. 3);

C.

Parents of deceased or missing persons who must be identified outside a criminal procedure (art. 6, para. 4).

³ Seized in the information system, if a condition set out in paras. 1 and 2 is carried out, the profiles of DNA transmitted from abroad in the framework of international collaboration and used in procedures in Switzerland (art. 13).

⁴ DNA profiles are not captured in the information system:

A.

Identified victims (art. 3, para. 1, let. (b);

B.

Persons authorised to visit the premises of an offence and whose traces must be distinguished from those of the author (art. 3, para. 1, let. (b);

C.

Individuals who, in a wide-ranging investigation to elucidate a crime, could not be the perpetrators (art. 3, para. 2);

D.

Persons who have been found to be unable to be the perpetrators of the crime or the crime they have been suspected of;

E.

Persons involved in a proceeding that has been concluded by a non-suit.

¹ The Federal Council designates the Federal Office responsible for the information system (Office) under the Federal Law of 19 June 1992 on Data Protection ¹ .

² Recognized laboratories can be connected online to the information system. The department decides on the connection.

¹ The Office may, within the limits of cooperation with Interpol under Art. 351 ^Ter And 351 ^D CP ¹ , send requests for the comparison of DNA profiles from abroad and present Swiss requests to foreign authorities.

² International cooperation shall be subject to compliance with the principles applicable to the collection of samples within the meaning of this Law and to the assurance that the comparison of DNA profiles is carried out according to reliable criteria.

¹ The authority which orders the measures shall communicate to the Office the data in its possession relating to the identity of the persons concerned and the place where the offence was committed and the place where the traces were found (other data).

² The Office processes other data in a separate information system of the information system based on DNA profiles.

³ The DNA profiles are linked to the other data by the process control number. The Office is the sole authority to make this link.

¹ The authority ordering the action shall inform the person concerned, prior to the collection, of the seizure of its DNA profile in the information system, its right to be informed and the conditions required for the data to be deleted.

² Everyone has the right to apply to the Office if a DNA profile has been entered under his or her name in the information system.

³ The right to be informed, as well as cases in which the disclosure of information may be refused, restricted or deferred, is governed by s. 8 and 9 of the Federal Act of 19 June 1992 on Data Protection ¹ .

¹ The Office erases DNA profiles established under ss. 3 and 5: ¹

A.

As soon as it appears, in the course of the proceedings, that the person in question cannot be the perpetrator of the crime or the offence;

B.

When the person in question has died;

C.

When the procedure in question is terminated by an acquittal in force;

D.

One year after the non-lieutenant;

E. ²

Five years after the expiration of the probation period in the event of a stay or partial stay of the sentence;

F. ³

Five years after the payment of a pecuniary penalty or the termination of a work of general interest or five years after the execution of a substitution penalty;

G. ⁴

Five years after a reprimand, the payment of a fine or the termination of a personal benefit within the meaning of s. 22 to 24 DPMin ⁵ ;

H. ⁶

Five years after the expiry of the probation period in the event of a stay of execution of a fine, personal benefit or deprivation of liberty within the meaning of s. 35 DPMin;

I. ⁷

Five years after the performance of a measure of protection within the meaning of s. 12 to 14 DPMin;

J. ⁸

10 years after the execution of a deprivation of liberty within the meaning of s. 25 DPMin;

K. ⁹

10 years after the termination of an investment within the meaning of s. 15 Min;

L. ¹⁰

10 years after the end of the prohibition on carrying on an activity, the prohibition of contact or the geographical prohibition within the meaning of the art. 67 and 67 B CP ¹¹ , art. 50 and 50 B The Military Penal Code of 13 June 1927 ¹² Or art. 16 A DPMin, subject to further erasure within the meaning of para. 4.

² In the cases referred to in para. 1, let. C and d, the DNA profile is not erased when the acquittal or non-suit was decided on the author's irresponsibility.

³ The Office erases after 30 years all DNA profiles that have not already been deleted under para. 1. A further erasure within the meaning of para. 4 is reserved.

⁴ When the person purges a custodial sentence, is interned or has a therapeutic measure, the Office erases its DNA profile 20 years after the release of the custodial sentence or detention, or after the end of the sentence The therapeutic measure in question.

¹ In the cases referred to in s. 16, para. 1, let. E to k, and 4, the Office shall submit the deletion to the competent judicial authority for approval. ¹ If there is a concrete suspicion of a crime or a non-prescribed offence, or if there is reason to fear a repeat offence, the Commission may refuse to do so.

² The Office may waive the request for approval by a foreign authority.

The Office erases DNA profiles established under s. 4 from traces and samples taken from deceased persons:

A.

At the request of the authority which has ordered the measure; the measure requires erasure as soon as the traces can be attributed to a person who is excluded from the crime or the crime;

B.

Ex officio after 30 years, except in the case of imprescriptible crimes.

DNA profiles established outside criminal proceedings under s. 6 are erased as soon as the data subject has been identified, and in all cases after 50 years.

¹ The costs of implementing and operating the information system are borne by the Confederation.

² The authority which orders the measures shall bear the costs incurred in the collection and transmission of the samples as well as in the analyses and their assessment.

The cantons are responsible for enforcement in their field of competence.

The Federal Council shall issue the implementing provisions which shall, inter alia:

A.

Data processing in accordance with this Act, including data entry into the information system;

B.

The procedures for identifying unknown, living or deceased persons, as well as missing persons;

C.

The organization and process of DNA profiling;

D.

The requirements for laboratory recognition and the procedure to be followed;

E.

The communication to the Office of the closure of the proceedings;

F.

The seizure of foreign DNA profiles.

¹ This Law shall also apply to DNA profiles already entered in the information system in accordance with the order of 31 May 2000 on the DNA profile information system (ADNS order) ¹ .

² Provisional recognition of laboratories granted under s. 20 of the ADNS Order shall have effect for two years after the coming into force of this Act.

³ A sample may be drawn as well as an analysis of DNA drawn up and entered into the information system of persons who, before the entry into force of this Law, have been sentenced to a custodial sentence of more than one Year, or against which a private measure of freedom under s. 59, 61, or 64 CP ² Has been pronounced, as long as the deprivation of liberty or the deprivation of liberty lasts, but no later than one year after the entry into force of this Law.

¹ This Law shall be subject to the referendum.

² The Federal Council shall fix the date of entry into force.