Sr 363 The Federal Act Of 20 June 2003 On The Use Of Dna In Criminal Proceedings And On The Identification Of Unknown Or Missing Persons (Law On Dna Profiles)

Original Language Title: RS 363 Loi fédérale du 20 juin 2003 sur l’utilisation de profils d’ADN dans les procédures pénales et sur l’identification de personnes inconnues ou disparues (Loi sur les profils d’ADN)

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363 Act on the use of DNA in criminal proceedings and on the identification of unknown or missing persons (law on DNA profiles) of June 20, 2003 (Status January 1, 2015) the Federal Assembly of the Swiss Confederation, the art. 119 and 123, para. 1, of the Constitution, given the message of the federal Council of November 8, 2000: Section 1 provisions general article 1 object and purpose this law regulates: a. the use of DNA profiles in criminal proceedings; b. treatment of DNA profiles in a federal information system; c. identification by comparison of patterns of DNA, unknown persons, missing or have died out of criminal proceedings.

It aims to increase the effectiveness of criminal prosecutions by allowing: a. the use of the comparison of DNA profiles in the purpose: 1. to identify suspects and raise suspicions that weigh on others, 2. to detect rapidly, by systematic analysis of biological material, the common elements to various offences and in particular to identify groups of offenders operating in an organized way serial criminals and repeat offenders, 3. to contribute to the administration of evidence;

b. comparison of DNA profiles in the context of mutual legal assistance and mutual administrative assistance in police.



New content according to Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
Repealed by Chapter 3 of the annex to the Criminal Procedure applicable to minors from March 20, 2009, with effect from 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).

S. 1aChamp of application when the continuation or the judgement of an offence is governed by the code of criminal procedure of October 5, 2007, the provisions of section 2 of this Act relating to the criminal proceedings are not applicable.

Introduced by Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
RS 312.0 s. 2 DNA profile and purpose of its use the DNA profile is an alphanumeric code that is unique to every individual who is established using molecular biology techniques, from the non-coding sequences of the genetic material DNA.
It is prohibited, in the analysis of DNA, to seek to determine the State of health or other characteristics of the person concerned, with the exception of her sex.
The DNA profile and the core sample can be used for purposes other than those provided for in this Act (art. 1).

Section 2 sample collection and analysis of DNA art. 3 sample collection and DNA analysis in criminal proceedings to investigate a crime or an offence, a levy, for example a smear of the jugal Mucosa, can be carried out for the purpose of analysis of the DNA on the following persons (persons involved): a. suspects; b. other people, including victims and persons authorised to visit the scene of the offence if necessary to distinguish their footsteps from the suspects.

During large-scale investigations undertaken to elucidate a crime, a sample, for example a smear of the jugal Mucosa, can be carried out for the purposes of DNA on people with specific characteristics found in connection with the commission of the Act, to exclude that they may have been the perpetrators or to confuse them.
Subject to a large-scale survey, no analysis of the sample is made until it is established that the conditions required for DNA profile entered in the information system (art. 11) are met.

S. 4 record traces and samples on deceased persons a DNA profile is established from the biological material that has a connection with an offence (traces) or from samples from deceased persons if concrete elements suggest that this measure is useful in the elucidation of crime or offence.

S. 5 sample collection and analysis of DNA from those convicted immediately after the entry into force of the judgment, a sample can be taken and a DNA profile based on people: a. who have been sentenced to deprivation of liberty or deprivation of liberty of more than one year for a crime committed intentionally; b. who have been convicted of a crime or an offence committed intentionally against life and limb or against integrity sexual; c. against which a therapeutic measure (art. 59-63 of the penal Code, CP), detention (art. 64 CP) or placement (art. 15 of the criminal law by minors of 20 June 2003) was delivered.

New content according to Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
New content according to Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
RS 311.0 RS 311.1 s. 6 identification outside criminal proceedings when identification is not possible otherwise, DNA profiles can be established outside the criminal proceedings for: a. for deceased persons; b. people who cannot give information on their identity, because of their age, accident, sustainable disease, a disability, a mental disorder or impairment of consciousness.

The biological material of these people may also be analysed if it is likely to contribute to their identification.
The biological material of missing persons can be analyzed in preparation for their identification.
Parents suspected a person to identify DNA profiles can be established for the purposes of comparison with their written consent.

S. 7 authorities who order the measures the police, the criminal investigation authority or the tribunal criminal (authorities who order the measures) may order: a. non-invasive sampling on individuals (art. 3, al. 1) and the analysis of these samples for the establishment of a DNA profile; b. the trace and analysis of samples of people who died for the establishment of a DNA profile (art. 4).

When the police ordered a sampling, it shall inform the person concerned of the right to challenge this decision to the authority of criminal investigation. In case of dispute, the execution of the sampling is performed only if the authority of criminal investigation confirms the decision.
The judicial authority shall decide on: a. the execution of large-scale investigations (art. 3, para. 2); b. invasive sampling and analysis for the establishment of a DNA profile.

The Authority's judgment decides to sampling and analysis for the establishment of a profile of DNA of convicted persons (art. 5).
If another authority is competent for identification within the meaning of art. 6, it may also order a sampling and analysis for the establishment of a DNA profile.

Section 3 organization of the analysis of DNA art. 8 DNA analysis the federal Department of justice and police (Department) refers to the laboratories authorised to carry out analyses of the DNA within the meaning of this Act.
The authority which ordered the measures made run analyses in a laboratory within the meaning of para. 1. the sample is equipped with a control number of process to make it anonymous; This same number is assigned to data relating to the identity of the person concerned and other identifying data (photographs, fingerprints).
Are communicated to the laboratory with the sample that data necessary to 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, the place where the offence was committed or that where traces were found.

S. 9 destruction of samples the authority that ordered the measure made the destruction of the sample collected on a person: a. If the profile of DNA from the person in question has already been established; b. after three months, of the day, if this authority is not prescribed analysis; c. If it turned out that the person in question cannot be the author of the crime or the offence; d. after the identification of the person in the cases provided to art. 6. the laboratory destroyed the sample from a person as soon as the DNA profile meets the requirements of quality necessary for its entry into the information system based on DNA (arts. 10 to 13) profiles, but no later than three months after having received it.

Section 4 information system based on profiles of DNA art. 10 principle information system based on DNA profiles to perform the comparison of DNA profiles for purposes of criminal prosecution and identification of unknown or missing persons.
The information system is managed exclusively by the Confederation.

S. 11 entry in the system information is entered into the information system DNA profiles: a. persons suspected of having committed a crime or an offence or participating (art. 3); b. convicted persons (art. 5); c. the deceased and trace (art. 4).

Are entered, in addition, the information system DNA profiles:

a. non-identified, living or deceased persons (art. 6, Al 1); b. missing persons-related biological materials (art. 6, para. 3); c. of the parents of the deceased or missing persons which must be identified outside criminal proceedings (art. 6, al. 4).

Are entered in the information system, if one condition laid down in the al. 1 and 2 is carried out, DNA profiles transmitted abroad through international collaboration and used in procedures in Switzerland (art. 13).
Are not entered in the information system DNA profiles: a. of the identified victims (art. 3, al. 1, let. b); b. of persons authorized to visit the scene of an offence and whose traces must be distinguished from those of the author (art.3, Al 1 let. b); c. people whose it is found, during a large-scale survey aimed at elucidating a crime that they could not be the authors (art. 3, al. 2); d. people which it turned out that they could not be the authors of the crime or the offence of which they have been suspected; e. persons involved in a procedure which was concluded by a non-suit.

S. 12 Federal responsible authorities federal Council designates the federal office responsible for information system (office) under the Federal law of June 19, 1992, on the protection of data.
Accredited laboratories can be connected online to the information system. The Department decides not to connect.

SR 235.1 s. 13 international cooperation the office may, within the limits of the collaboration with Interpol under the art. 351 and 351 CP, forwarding the requests for comparison of DNA from abroad and present the Swiss requests to foreign authorities.
International collaboration is subject to compliance with the principles applicable to the taking of samples for the purposes of this Act and the insurance that the comparison of DNA profiles is carried out according to reliable criteria.

RS 311.0 Section 5 other data processing art. 14. the authority ordering the measures shall communicate to the Agency data in its possession concerning the identity of the persons involved and the place where the offence was committed and that where traces have been found (other data).
The agency deals with other data in an information system separated from the information system based on DNA profiles.
DNA profiles are linked to other data by process control number. The Agency is only authorized to carry out this link.

Section 6 s. Data Protection 15 right to be filled in the authority which ordered the informed measure the person in question, prior to sampling, the seizure of his DNA profile in the system of information, the right to be informed and conditions required for data to be erased.
Any person has the right to ask the Agency if a DNA profile has received under his name in the information system.
The right to be informed as well as cases in which the disclosure of information may be refused, limited or delayed are governed by arts. 8 and 9 of the Federal Act of 19 June 1992 on data protection.

SR 235.1 s. 16 persons DNA profiles erasing the Agency Clears DNA profiles established under arts. 3 and 5: a. as soon as it turns out, during the proceedings, the person in question cannot be the author of the crime or the offence; b. when the person in question is deceased; c. when the proceedings in question is closed by an acquittal entered in force; d. a year after dismissal; e. five years after the expiry of the period of test in the case of conditional or suspended partial execution of the penalty; f. five years after the payment of a penalty or the cessation of a work of general interest or five years after the enforcement of a sentence of substitution; g. five years after a reprimand, a fine or the end of a personal benefit within the meaning of the art. 22-24 juvenile; h. five years after the expiry of the time limit of proof in the event of suspension of execution of a fine, a personal benefit or a deprivation of liberty within the meaning of art. 35 juvenile; i. five years after the execution of a measure of protection within the meaning of the art. 12 to 14 juvenile; j. ten years after the execution of a deprivation of liberty within the meaning of art. 25 juvenile; k. ten years after termination of an investment within the meaning of art. 15 juvenile; l. ten years after the end of prohibition on activity, prohibition of contact or the geographic prohibition within the meaning of the art. 67 and 67 (b) CP, art. 50 and 50 (b) of the military criminal code of 13 June 1927 or art. 16a juvenile, subject to a subsequent deletion within the meaning of para. 4. in the cases referred to the al. 1, let. c and d, the DNA profile is not deleted when the acquittal or dismissal was decided due to irresponsibility of the author.
The Agency Clears after 30 years all DNA profiles that have not already been erased pursuant to para. 1. a subsequent deletion within the meaning of para. 4 is reserved.
When the person is serving a custodial sentence, is interned or has applied a therapeutic measure, the Agency Clears his profile of DNA 20 years after the release of the penalty of deprivation of liberty or detention, or even after the end of the therapeutic measure in question.

New content according to Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
New content according to Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
New content according to Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
Introduced by Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
RS 311.1 introduced by Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
Introduced by Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
Introduced by Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
Introduced by Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).
Introduced by Chapter 4 of the annex to the Federal law of 13 Dec. 2013, on the prohibition to exercise an activity, the prohibition of contact and geographic ban in force since 1 Jan. 2015 (2014 2055 RO; FF 2012 8151).
RS 311.0 RS 321.0 s. 17 deletion subject to authorisation in cases referred to in art. 16, al. 1, let. e to k, and 4, the office shall submit erasure for the approval of the competent judicial authority. It can refuse if there is concrete suspicion relating to a crime or an offence not prescribed or if there is reason to fear a relapse.
The Agency may waive request approval of a foreign authority.

New content according to Chapter 3 of the annex to the Criminal Procedure applicable to minors on March 20, 2009, in force since 1 Jan. 2011 (2010 1573 RO; FF 2006 1057, 2008 2759).

S. 18 erasure of DNA profiles established from traces and samples on deceased persons the Agency Clears DNA profiles established under art. 4 from traces and samples taken from deceased persons: a. at the request of the authority that ordered the measure; It requires deletion as soon as traces can be ascribed to a person which it is excluded that it is the author of the crime or the offence; b. Office after 30 years, except in the case of crimes imprescriptible.

S. 19 erasure of DNA profiles established outside criminal proceedings the DNA profiles outside criminal proceedings under art. 6 are deleted as soon as the person concerned has been identified, and in all cases after 50 years.

Section 7 funding art. 20. the Confederation shall bear the costs of realization and operation of the information system.
The authority which ordered the measures supports the costs of collection and the transmission of samples as well as analyses and their evaluation.

Section 8 provisions finals s. 21 implementation by the cantons cantons are responsible for execution within their field of competence.

S. 22 execution by the Confederation the federal Council enacts implementing setting including: a. the processing of data in accordance with this Act, including the entry of data in the information system; b. the procedures for the identification of persons unknown, alive or dead, as well as missing persons; c. the Organization and the process of DNA profiles; d. the conditions required for the recognition of laboratories and the procedure to follow; e. the communication to the office of the fence the procedure; f. the seizure of DNA profiles established abroad.

S. 23 transitional provisions this Act applies also to DNA profiles already entered in the information system in accordance with the order of May 31, 2000, on the information system based on DNA profiles (order ADNS).
The provisional recognition of the laboratories granted under art. 20 order ADNS is effective for two years from the entry into force of this Act.

A sample can be taken as well as a DNA analysis established and entered into the information system of persons who, before the entry into force of this Act, have been sentenced to deprivation of freedom without suspension over a year, or against which a measure involving the deprivation of liberty provided for in arts. 59, 61 or 64 CP has been pronounced, while lasts the deprivation of liberty or deprivation of freedom, but at the latest until one year after the entry into force of this Act.

[RO 2000 1715, 2002 111 art. 19 para. 1]
RS 311.0 s. 24 referendum and entry into force this law is subject to the referendum.
The federal Council sets the date of entry into force.

Date of entry into force: 1 January 2005 RO 2004 5269 RS 101 FF 2001 19 ACF of 3 Dec. 2004 State on January 1, 2015

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