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THE SETTING-UP OF THE DNA DATABASE IN ITALY: CRIMINAL AND PROCEDURAL FINDINGS
Abstract
By operation of the law introduced to ratify the Pr?m Treaty (no. 85 dated 30 June 2009), implementing the Schengen agreements aimed at stepping up cooperation with other EU States to combat terrorism, illegal immigration, international and cross-border crime, Italy regulated, inter alia, the setting-up of a DNA database. However, it was only with Presidential Decree no. 87 dated 7 April 2016 that the proclaimed regulations were actually brought in, with provisions implementing Italian Law no. 85/2009 relating to the setting-up of the database and central laboratory for the national DNA database. Following this, procedures were established for the processing of the data and the transmission of the DNA profile by the laboratories run by highly specialised institutions. The DNA (deoxyribonucleic acid) test has become increasingly important in identifying the perpetrator of a crime, as statistical evidence suggests that the DNA test has proven to be decisive in identifying the subject responsible for a crime, at times particularly brutal, even after a long period of time. At odds with this, however, are problems regarding the protection of individual privacy in connection, for example, with the identification of subjects from whom biological samples have been taken for the inclusion of their DNA profile in the database and the length of time for which this profile is kept. Another factor of fundamental importance is the protection of subjects, whose profiles are analysed, but who are not in any way involved in the crime in question. The study intends to probe this important innovation in the Italian legal system which will offer investigators a new means of inquiry subject, nevertheless, to the obligation to safeguard individual rights guaranteed by the constitution, of both the person involved in the crime and those who are not implicated (but whose profiles have been analysed).
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References12
Wall, Genetics and DNA technology: legal aspects, London, 2002, p. 88.
Fattorini, Molecular analysis of the forensic template, in DNA in current society: genetic tests, mass disasters, penal identification. Acts of the 20th National Congress of Italian Geneticists. Bologna, 9-11 September 2004, edited by Cicognani – Pelotti, Milan, 2006, p. 65.
Ricci – Previderè – Fattorini – Corradi, The DNA test to seek the truth. Juridical, biological and probabilistic aspects, Milan p. 86.
Gennari, Genetic identity and personal rights, in Critical review of private law, 2005, p. 626.
Brescia Court of Appeal no. 2/2017, 17 July 2017.
McEwen, DNA sampling and banking: practices and procedures in the United States, in Human DNA: law and policy. International and comparative perspectives, edited by Knoppers – Laberge – Hirtle, London – Boston, 1997, p. 407.
Aa.Vv., DNA database and penal investigation. Comment to the law that ratifies the Prüm Treatise, which established the national genetic database with amendments to the penal procedural code (Law no. 85 of 30 June 2009), edited by Marafioti – Lupária, Milan, 2010, passim.
Gennari, Bioinformation and penal investigations: Law no. 85 of 30 June 2009, in Civil liability and long-sightedness, 2009, p. 2631.
AA.VV., Collecting DNA specimens and the national database. Penal proceedings between inquiry into the event and international cooperation (Law no. 85 of 30 June 2009), curated by A. SCARCELLA, Padua, 2009, passim.
Colombo, The new regulation to establish a national DNA database: comment to a first reading and comparison with the provisions of other EU member states, in Penal Court of Cassation, 2016, p. 4615.
Marino, Identifying and collecting findings that are useful for DNA tests: the Constitution demands a debate, in Law and Justice, 2017,183, p. 6.
Tonini, Investigating the event and genetic information: a difficult balance, in Penal and Procedural Law, 2009, 2, Features, p. 5.
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