The DNA (DNA-IFG) from 7 September 1998 is a law, with which "§ the 81g was introduced into the code of criminal procedure. This makes possible to take and molecular-genetically examine it for the purpose from the identification in criminal procedures of certain accused one of and under certain conditions body cells.

The law became by the law the change of the DNA of 1999, by which criminal procedure law of change of 1999 and the law modify 2004 for the change of the regulations over the criminal offences against the sexual self-determination. With the law over the forensische DNA analysis the DNA-IFG steps completely repealed. The material-legal regulations are integrated in "§"§ 81f-81h of the code of criminal procedure. Thereby also a Massenscreening becomes possible over whose legal standard so far controversy existed.

Material-legal content

The regulations "§"§ of the 2 and 3 DNA-IFG are substantial: "§ 2: (1) Measures, which are permissible after "§ 81g of the code of criminal procedure, may be also accomplished, if the concerning because of one of the criminal offences specified in "§ 81g Abs.1 of the code of criminal procedure validly condemned or only because of more proven or debt inability which can not be excluded, on mental disorder of beruhener negotiation inability or missing or excludable which is not missing responsibility ("§ 3 of the juvenile court law) were not condemned and the appropriate entry in the federal central register or educating register is not yet erased.

(2) To measures in accordance with paragraph 1 "§ 81a exp. 2, "§"§ 81f, 81g exp. applies for 3 sentence 2 accordingly, "§ 162 exp. 1 of the code of criminal procedure.

(3) Concerning the persons specified in paragraph 1 "§"§ the 131a and 131c of the code of criminal procedure apply accordingly.

"§ 3: The storage of the DNA Identifizierungsmuster at the Federal Criminal Investigation Office, won in accordance with "§ 2 of this law, is permissible. In accordance with "§ 81g of the code of criminal procedure or in accordance with "§ 2 of this law won DNA Identifizierungsmuster as well as the sex can be processed and used after the Federal Criminal Investigation Office law. Information may only for purpose of a criminal procedure, which is for this given danger warning and the international legal aid.

Iurisdiction

• BVerfG, resolution from 14 December 2000 - 2 BvR 1741/99, 276, 2061/00 = BVerfGE 103, 21, 33 - (genetic finger mark I) full text
• BVerfG, resolution of the 2001 - 2 BvR 1841/00 (genetic finger mark II) full text

Articles in category "DNA Identitfeststellungsgesetz"

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