Paylaş: What is Molecular Genetic Analysis?
Regulated under Articles 78-80 of the Turkish Criminal Procedure Code, molecular genetic analysis involves examining biological samples at the molecular level for purposes such as identity or kinship determination. This procedure aids in gathering forensic evidence and clarifying identity-related issues in criminal investigations.
Scope of Molecular Genetic Analysis
Biological samples collected from suspects, defendants, victims, or others may undergo molecular genetic analysis to confirm identity or kinship. Importantly, these samples are prohibited from being used for purposes other than those specified. Additionally, this analysis can be conducted on unidentified body parts to help ascertain identity.
Judicial Authorization and Procedure
Only a judge's order allows molecular genetic analysis, with the appointed forensic expert named in the decision. The expert conducts the analysis without knowing the identity of the individual from whom the sample was collected, ensuring the procedure is done without any health risks to the individual.
Confidentiality and Data Retention
Genetic analysis results are considered personal data and can only be used within the context of the relevant case. If the case is dismissed or concludes in acquittal, the data must be destroyed under a prosecutor's supervision. However, if a conviction is obtained, the genetic data may be archived for future reference.
Proportionality and Subsidiarity Principles
Judicial decisions regarding molecular genetic analysis are subject to proportionality and subsidiarity principles. If other methods are available to obtain the required information, they are preferred over genetic analysis.
Inadmissibility of Unlawfully Collected Data
Genetic data obtained through unlawful means cannot be used as evidence in court. The analysis must strictly comply with legal standards to ensure validity in legal proceedings.
Conclusion and Summary
Molecular genetic analysis plays a crucial role in criminal investigations by aiding in identity verification and evidence collection. The process must comply with strict privacy standards and be utilized only within the context of the case at hand.
This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.
