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. 8 DNA analysis
1 The Federal Department of Justice and Police (Department) decides which laboratories are authorised to conduct DNA analyses under this Act. 2 The ordering authority shall have the analysis carried out in a laboratory authorised in accordance with paragraph 1. 3 The sample is anonymised using a process control number, which is also used for personal data and other identification data (photos, fingerprints). 4 Besides the sample, the laboratory is given only the data it requires for generating the DNA profile and assessing its probative value, namely details of the location of the crime and of the location where the forensic evidence was found.
Para. 4 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 9 Destruction of samples
1 The ordering authority shall arrange for the destruction of a sample taken from a person: a. if a DNA profile of that person has already been generated, unless the DNA profile was generated before the Amendment of 17 December 2021 came into force and the sample from which the profile was generated has already been destroyed; b. six months after the sample has been taken if it has not arranged an analysis; c. if the person concerned can be ruled out as the perpetrator; or d. after identification of the person in the cases defined in Article 6. 2 The laboratory shall destroy the sample taken from a person fifteen years after the laboratory has received the sample. 3 It shall destroy samples taken by mass testing in accordance with Article 256 of the Criminal Procedure Code (CrimPC) or Article 73t of the Military Criminal Procedure Code of 23 March 1979 (MCPC) on conclusion of the investigation on the order of the director of proceedings.
Art. 9 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Para. 3 — SR 312.0 Para. 3 — SR 322.1
Art. 9a Retyping
While retained, the sample may only be used for retyping if this is required: a. to expand the informative value of an existing DNA profile if this is required for its interpretation in a specific case or to implement new analysis specifications; b. to narrow down the group of persons to be investigated in a familial DNA search in accordance with Article 258a CrimPC or Article 73w MCPC.
Art. 9a — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). let. b — SR 312.0 let. b — SR 322.1