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. 10 Basic principles
1 The DNA profile information system facilitates the comparison of DNA profiles for the purpose of law enforcement and the identification of unidentified or missing persons. 2 The information system is operated exclusively by the Confederation. The Federal Council may delegate the operational management of the system and the related tasks to a recognised laboratory (coordination centre). This laboratory shall charge fees in order to fund its activities. 3 The Federal Council shall determine the tasks of the coordination centre and the level of its fees.
Para. 1 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Para. 2 — Amended by Annex No II 1 of the FA of 15 June 2018 on Human Genetic Testing, in force since 1 Dec. 2022 (AS 2022 537; BBl 2017 5597). Para. 3 — Inserted by Annex No II 1 of the FA of 15 June 2018 on Human Genetic Testing, in force since 1 Dec. 2022 (AS 2022 537; BBl 2017 5597).
Art. 11 Recording in the information system
1 The DNA profiles of the following shall be recorded in the information system: a. persons suspected of committing or taking part in a felony or a misdemeanour (Art. 3); b. convicted persons (Art. 5); c. forensic evidence and deceased persons (Art. 4). 2 The DNA profiles of the following shall also be recorded in the information system: a. unidentified living or deceased persons (Art. 6 para. 1); b. biological material that can be attributed to missing persons (Art. 6 para. 3); c. relatives of deceased or missing persons whose identification is required outside criminal proceedings (Art. 6 para. 4). 3 DNA profiles transmitted from abroad as part of international co-operation and required in Swiss proceedings (Art. 13) shall be recorded in the information system if any of the conditions defined under paragraphs 1 and 2 of this Article is met. 3bis Y-DNA profiles generated on the basis of Article 255 paragraph 3 CrimPC may be recorded in the information system. 4 The DNA profiles of the
Para. 1 let. a — Presently: art. 255 para. 1 lett. a CrimPC or art. 73s para. 1 lett. a MStP. Para. 1 let. b — Presently: art. 257 CrimPC or art. 73u MStP. Para. 1 let. c — Presently: art. 255 para. 1 lett. c and d CrimPC or art. 73s para. 1 lett. c and d MStP. Para. 3bis — SR 312.0 Para. 3bis — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Para. 4 let. c — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl
Art. 12 Responsible federal authority
1 The Federal Office of Police (fedpol) is responsible for the information system in accordance with Article 10. 2 Authorised laboratories may be connected online with the information system. The Department decides on the connection.
Para. 1 — Amended by Annex 2 No 1 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 13 International cooperation
1 In terms of its cooperation with Interpol in accordance with Articles 350 and 352 and with Europol in accordance 355a of the Swiss Criminal Code (SCC), fedpol may handle foreign requests for the verification of DNA profiles and submit Swiss requests. 2 The provision of international cooperation is conditional on the conditions for taking samples complying with this Act and on the comparability of the DNA profiles.
Para. 1 — SR 311.0 Para. 1 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).