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. 15 Right to information
1 Before taking a sample, the ordering authority shall inform the person concerned about the registration of their DNA profile in the information system, their right to information and the requirements for deletion. 2 Any person has the right to ask fedpol whether a DNA profile is recorded in the information system under their name. 3 Articles 25 and 26 of the Data Protection Act of 25 September 2020 on Data Protection govern the right to, and the refusal, restriction or deferral of information.
Para. 3 — SR 235.1 Para. 3 — Amended by Annex 1 No II 31 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 16 Deletion of the DNA profiles of persons
1 fedpol shall delete the DNA profiles of persons generated in accordance with Articles 255 and 257 CrimPC or 73s and 73u MCPC: a. as soon as the person concerned can be excluded as the perpetrator during the proceedings; b. ten years after the death of the person concerned; c. as soon as the relevant proceedings have been concluded with an acquittal; d. one year after the order to abandon proceedings or not to bring proceedings has become final; 2 It shall delete a DNA profile that has been generated in accordance with Articles 255 and 257 CrimPC or 73s and 73u MCPC: a. in the event of conviction and a suspended custodial sentence or suspended monetary penalty or a community service order being imposed: after 10 years; b. in the event of conviction and an unsuspended custodial sentence not exceeding three years, an alternative custodial sentence or an unsuspended monetary penalty being imposed: after 20 years; c. in the event of conviction and a custodial sentence of more than three b
Art. 16 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Para. 1 — SR 312.0 Para. 1 — SR 322.1 Para. 2 let. e — SR 311.1 Para. 2 let. g — SR 311.0 Para. 2 let. g — SR 321.0
Art. 17 Extension of the retention period by the adjudicating authority
1 In cases under Article 16 paragraph 2 letters a–f and h and paragraph 6, a DNA profile may with the consent of the competent adjudicating authority be retained for a maximum of ten years beyond the expiry of the deletion deadline if there is still reasonable suspicion that the person concerned has committed a felony or a misdemeanour that is not time-barred, or if there is concern about a repeat offence. 2 Obtaining the authorisation of a foreign authority may be waived.
Art. 17 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). 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).
Art. 17a Deletion of a Y-DNA profile
If, in addition to a DNA profile generated from forensic evidence or a personal sample, a corresponding Y-DNA profile in accordance with Article 11 paragraph 3bis has been recorded in the information system, the Y-DNA profile shall be deleted at the same time as the DNA profile.
Art. 17a — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 18 Deletion of DNA profiles generated from forensic evidence and samples taken from deceased persons
fedpol shall delete DNA profiles generated from samples taken from deceased persons or from forensic evidence in accordance with Article 255 paragraph 1 letters c and d CrimPC or Article 73s paragraph 1 letters c and d MCPC: a. at the request of the ordering authority; the ordering authority shall request deletion as soon as the forensic evidence can be matched to a person who has been ruled out as the perpetrator; b. automatically after 30 years, except for offences that are not subject to a statute of limitations.
SR 312.0 SR 322.1 Amended by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 19 Deletion of DNA profiles generated outside criminal proceedings
DNA profiles that have been generated outside criminal proceedings in accordance with Article 6 shall be deleted as soon as the person concerned has been identified, but in any case after 50 years.