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. 20a Evaluation
1 With the assistance of scientific experts and researchers, fedpol shall prepare a report on the expediency and efficacy of this Act that shall be submitted to the Federal council five years after the Amendment of 17 December 2021 comes into force. 2 No later than six years after Amendment of 17 December 2021 comes into force, the Federal Council shall submit a report to Parliament, in particular with regard to the implementation of Article 2b.
Art. 20a — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 21 Implementation by the cantons
The cantons are responsible for implementing this Act in their area of competence.
Art. 22 Implementation by the Confederation
The Federal Council shall issue the implementing provisions, in which it shall regulate in particular: a. the processing of data under this Act, in particular the recording of data in the information system; b. the details concerning the identification of unidentified living or deceased persons and missing persons; c. the arrangements and processes for generating DNA profiles; d. the conditions and the procedure for approving the laboratories; e. the notification of fedpol on procedure completion; f. the registration of DNA profiles generated abroad; g. familial DNA searches in accordance with Article 2a; h. phenotyping in accordance with Article 2b.
let. g — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). let. h — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 23 Transitional provisions
1 This Act also applies to DNA profiles already recorded in the information system under the Ordinance of 31 May 2000 on the DNA Profiles Information System (EDNA Ordinance). 2 The temporary approval of laboratories under Article 20 of the EDNA Ordinance remains valid for two years after this Act comes into force. 3 A sample may be taken and a DNA profile generated and recorded in the information system from persons who before this Act comes into force were sentenced to an unsuspended custodial sentence exceeding one year or to a custodial measure under Articles 59, 61 or 64 SCC, provided that the custodial sentence or custodial measure remains in effect, but within a maximum of one year after this Act comes into force.
Para. 1 — [AS 2000 1715, 2002 111 Art. 19 No 1] Para. 3 — SR 311.0
Art. 23a Transitional provision to the Amendment of 17 December 2021
1 The rules on deletion in Articles 16 and 17 also apply to DNA profiles generated before the Amendment of 17 December 2021 comes into force and for which no judicial consent to deletion as required under the previous law had been obtained at that time. 2 The cantons and the federal authorities that have DNA profiles generated in accordance with Articles 255 and 257 CrimPC or 73s and 73u MCPC shall notify fedpol within five years after the Amendment of 17 December 2021 comes into force of the new deletion deadline in accordance with this Amendment for every DNA profile. In justified exceptional cases, the Department may grant an extension of this period.
Art. 23a — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Para. 2 — SR 312.0 Para. 2 — SR 322.1
Art. 24 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 January 2005
Para. 2 — FCD of 3 Dec. 2004.