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Page 30 of 220
committed, then, with
their written consent, persons who manifest certain significant
features which may be assumed to apply to the offender
1.
may have cell tissue collected from them,
2.
such cell tissue shall be subjected to a molecular and genetic analysis to
establish a person’s sex and
the DNA profile and
3.
the DNA profiles established automatically matched against the DNA profiles
of trace material,
insofar as this is necessary in order to ascertain whether the trace material
originated from such persons or from their relatives in the direct line or in the
collateral line up to the third degree and the measure is not disproportionate to the
severity of the offence, in particular in view of the number of persons affected by the
measure.
(2) Any measure under subsection (1) shall require a court order. This order shall be
made in writing. The order shall designate the persons concerned by reference to
certain significant features and shall give reasons. A prior hearing of the persons
concerned shall not be required. The decision ordering the measure shall not be
contestable.
(3) Section 81f (2) shall apply accordingly to implementation of the measure. The
cell tissue collected shall be destroyed without delay as
soon as it is no longer
needed for the purposes of the analysis referred to in subsection (1)
.
Insofar as the
data relating to the DNA profiles established by the measure
are no longer needed
to
investigate the facts, they shall be deleted without delay. The fact of the
destruction and deletion shall be documented.
(4) The persons concerned are to be instructed in writing that the measure may only
be implemented with their consent. Before giving their consent, they shall also be
notified in
writing that
1.
the cell tissue collected is to be used exclusively to establish a person’s DNA
profile, descent and sex and that it will be destroyed without delay as soon
as it is no longer required for this purpose,
2.
the test result will be automatically matched against the DNA profiles
of trace
material to establish whether the trace materials originate from them or from
their relatives in the direct line or collaterally up to the third degree,
3.
the result of the matching can be used to the detriment of the person
concerned or a person related to him in the direct line or collaterally up to the
third
degree and
4.
that the DNA profiles established shall not be stored by the Federal Criminal
Police Office for the purposes of establishing identity in future criminal
proceedings.
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