DNA Profiles Act
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 1 Subject matter and purpose
This Act regulates: a. the following for use in criminal proceedings: 1. generating a DNA profile from samples taken from persons or from biological material relevant to a crime (forensic evidence), 2. familial DNA searches, 3. phenotyping; b. the use of DNA profiling to identify unidentified, missing or deceased persons outside of criminal proceedings; c. the use of phenotyping to identify deceased persons outside of criminal proceedings; d. the processing of DNA profiles in a federal information system.
Art. 1 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 1a
Inserted by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009 (AS 2010 1573; BBl 2006 1085, 2008 3121). Repealed by No I of the FA of 17 Dec. 2021, with effect from 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 2 DNA profile and use
1 A DNA profile is the letter-number combination specific to an individual which is created from the genetic material DNA with the help of molecular biological techniques for the purpose of identifying persons. 2 DNA analysis may only be used to determine the gender of the person concerned; it may not be used to determine their health or other personal characteristics. 3 A DNA profile and its underlying analysis material may not be used for any purposes other than those provided for under the law of criminal procedure and for identifying persons outside criminal proceedings.
Para. 1 — Amended by Annex 2 No 3 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Para. 3 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 2a Familial DNA search
A familial DNA search is a search in the information system in accordance with Article 10 when investigating a felony by which persons are sought who could be related to the person to whom forensic evidence pertains because of the similarity of their DNA profiles.
Art. 2a — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 2b Phenotyping
1 Phenotyping is the analysis of special DNA markers which are used to obtain information about externally visible characteristics of a person to whom forensic evidence pertains. 2 The following may be ascertained: a. eye, hair and skin colour; b. biogeographical origin; c. age. 3 Health-related and personal characteristics such as character, behaviour and intelligence shall not be evaluated. 4 The Federal Council may specify additional externally visible characteristics depending on technical progress and if reliability in practice is guaranteed.
Art. 2b — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 3 Surplus information
1 When analysing DNA for DNA profiling or phenotyping, generating results that are not required or which are not on the list of permitted personal characteristics in Article 2b shall if possible be avoided. 2 If such information is nevertheless obtained, it must remain in the laboratory and may not be disclosed to the authority requesting the analysis or to any other third party
Art. 3 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 4 and 5
Repealed by No I of the FA of 17 Dec. 2021, with effect from 1 Aug. 2023 (AS 2023 309; BBl 2021 44).