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habitually commits other offences, this may be deemed to
be equivalent to an
offence of substantial significance by reference to the level of the injustice done.
(2) The cell tissue collected may be used only for the molecular and genetic analysis
referred to in subsection (1); it shall be destroyed without delay once it is no longer
required for that purpose. Information other than that required in
order to establish
the accused person’s DNA profile or sex may not be ascertained during the
examination; tests to establish such information shall be inadmissible.
(3) Without the written consent of the accused, the collection
of cell tissue may be
ordered only by the court and, in exigent circumstances, by the public prosecution
office and its investigators (section 152 of the Courts Constitution Act). Without the
written consent of the accused, the molecular and genetic
analysis of cell tissue may
be ordered only by the court. Persons who are to give their consent are to be
instructed as to the purpose for which the data to be obtained will be used. Section
81f (2) shall apply accordingly. In its written reasons the court shall specify, in
relation to the particular case concerned,
1.
the determining facts relevant to ascertaining the severity of the offence,
2.
the information giving rise to the assumption that the accused will be the
subject of criminal proceedings in the future as well as
3.
an evaluation of the relevant circumstances in each case.
(4) Subsections (1) to (3) shall apply accordingly if the person concerned has been
convicted of the offence with binding effect or was
not convicted merely on the
grounds that
1.
lack of criminal responsibility has been proved or cannot be ruled out,
2.
he is unfit to stand trial on the grounds of insanity or
3.
lack of criminal responsibility has been proved or cannot be ruled out
(section 3 of the Youth Courts Act (
Jugendgerichtsgesetz
)),
and the corresponding entry in the Federal Central Criminal Register or the
Youth
Register has not yet been deleted.
(5) The data collected may be stored at the Federal Criminal Police Office and used
in accordance with the Federal Criminal Police Office Act
(
Bundeskriminalamtgesetz
). The same shall apply
1.
subject to the conditions of subsection (1) to the data obtained
pursuant to
section 81e (1) in respect of an accused person as well as
2.
to the data obtained pursuant to section 81e (2).
The data may be transmitted only for the purposes of criminal proceedings, to avert
a danger and to provide international mutual assistance in respect thereof. In the
case under sentence 2 no. 1 the accused is to be informed without delay that the
data have been stored and is to be instructed that he may apply for a court decision.
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