DNA Identity Establishment Act
The DNA Identity Establishment Act ( DNA-IFG ) was the law that introduced Section 81g into the German Code of Criminal Procedure . This provision makes it possible, for the purpose of establishing identity in criminal proceedings, to remove body cells from certain suspects and under certain conditions and to examine them molecularly.
| Basic data | |
|---|---|
| Title: | Law amending the Code of Criminal Procedure |
| Short title: | DNA Identity Establishment Act |
| Abbreviation: | DNA-IFG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Criminal Procedure Law |
| References : | 312-2 / 2 a. F. |
| Issued on: | September 7, 1998 ( Federal Law Gazette I p. 2646 ) |
| Entry into force on: | September 11, 1998 |
| Last change by: |
Art. 4 G of December 27, 2003 ( BGBl. 2003 I p. 3007, 3010 ) |
| Effective date of the last change: |
April 1, 2004 (Art. 9 G of December 27, 2003) |
| Expiry: | November 1, 2005 (Art. 4 G of August 12, 2005, Federal Law Gazette I p. 2360, 2362 ) |
| Please note the note on the applicable legal version. | |
The law was modified by the Law Amending the DNA Identity Establishment Law of 1999, the Criminal Procedure Amending Law of 1999 and the Law Amending the Regulations on Crimes Against Sexual Self-Determination in 2004. With the law on forensic DNA analysis, the DNA-IFG was then completely repealed. The substantive legal provisions are integrated in §§ 81f – 81h of the Code of Criminal Procedure. This also makes a mass screening possible , the legality of which has previously been a dispute.
Substantive and legal content
The provisions of Sections 2 and 3 of the DNA-IFG are essential: Section 2:
(1) Measures that are permissible under Section 81g of the Code of Criminal Procedure may also be carried out if the person concerned is due to one of the conditions set out in Section 81g (1) of the Code of Criminal Procedure The criminal offenses mentioned above have been legally convicted or have not been convicted only because of proven or not ruled out culpability, inability to stand trial due to mental illness or lack of or non-excludable lack of responsibility (Section 3 of the Youth Courts Act) and the corresponding entry in the Federal Central Register or the Education Register has not yet been deleted.
(2) For measures according to paragraph 1, § 81a paragraph 2, §§ 81f, 81g paragraph 3 sentence 2, § 162 paragraph 1 of the Code of Criminal Procedure apply accordingly.
(3) With regard to the persons named in paragraph 1, Sections 131a and 131c of the Code of Criminal Procedure apply accordingly.
Section 3:
The storage of the DNA identification samples obtained in accordance with Section 2 of this Act at the Federal Criminal Police Office is permitted. The DNA identification patterns and gender obtained in accordance with Section 81g of the Code of Criminal Procedure or Section 2 of this Act can be processed and used in accordance with the Federal Criminal Police Office Act. Information may only be given for the purposes of criminal proceedings, hazard prevention and international legal assistance.
Jurisprudence
- BVerfG, decision of December 14, 2000 - 2 BvR 1741/99, 276, 2061/00 = BVerfGE 103, 21, 33 - ( Genetic Fingerprint I) full text
- BVerfG, decision of March 15, 2001 - 2 BvR 1841/00 (Genetischer Fingerprint II) full text
