DNA phenotyping

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Under DNA phenotyping or DNA Publication imaging method to be understood with which conclusions from the genome , i. H. of the individual deoxyribonucleic acid (DNA), based on external characteristics, the phenotype , of an individual. In the political discussion in Germany, the term "extended DNA analysis" is mostly used.

field of use

Corresponding procedures are used in forensics , for example, on the basis of DNA trace material, to infer the origin and gender of a person and to compare this with reference material. Today, for example, probabilities for eye, hair and skin color can be specified, whereas phantom images with facial features based on DNA alone have so far been less reliable. Other characteristics that can be predicted using genetic analyzes are the biogeographical origin and the age of an unknown person. DNA phenotyping was banned in Germany until the end of 2019 (see below) due to legal restrictions in the code of criminal procedure. The current federal government planned to expand forensic DNA analysis in this regard; the coalition agreement of 2018 (p. 123) states: "In criminal proceedings, the DNA analysis is extended to external characteristics (hair, eyes, skin color) and age (Section 81e StPO)."

The trace commission , a joint commission of forensic and forensic institutes in Germany, has written a statement on the “Possibilities and limits of the DNA-based prediction of external body features, the biogeographical origin and the age of unknown persons based on crime scene traces in the context of police investigations”.

On August 8, 2019, a draft bill was first published by the Federal Ministry of Justice and Consumer Protection , in which only the requirements of the 2018 coalition agreement were implemented. However, the German government rejected the inclusion of the prediction of the biogeographical origin in this draft, which was also proposed by experts. Justice Minister Christine Lambrecht explained and defended the planned changes in an interview.

The text, which was again modified after a commenting procedure, was passed by the Bundestag on November 15, 2019 and came into force on December 12, 2019, the day after its promulgation in the Federal Law Gazette. The 81e § Code of Criminal Procedure , paragraph 2, sentence 2 is now worded as follows: "Is not known, the person from whom comes the trace material may additionally findings of the person on the eye, hair and skin color and age are taken."

At the state level, a controversial amendment to the Bavarian Police Task Act 2018 in Bavaria created a power to phenotype DNA.

literature

Footnotes

  1. cdu.de
  2. ^ Opinion of the trace commission dated December 14, 2016
  3. Karin Truscheit: Debate on criminal proceedings: "Best tool for forensic genetics" . In: FAZ . November 7, 2019 ( faz.net ).
  4. Christian Rath: Minister of Justice for DNA prosecution: “That is not stigmatization!” In: taz . September 12, 2019 ( taz.de ).
  5. Legislative procedure (October 23, 2019): Law on the Modernization of Criminal Procedure, accessed on December 25, 2019
  6. Press release: Bundestag decides to modernize the criminal procedure accessed on December 25, 2019
  7. Federal Law Gazette 2019 Part I No. 46 issued in Bonn on December 12, 2019
  8. Zeit-online: Bavaria announces changes to the controversial police law , accessed on August 25, 2020
  9. Article 32 of the Bavarian Police Tasks Act, accessed on August 25, 2020
  10. Netzpolitik.org: Search for the genetic phantom: Bavaria wants to allow controversial DNA analysis, accessed on August 25, 2020