of November 17, 2017 No. 235
About judicial and genomic registration
The Parliament adopts this organic law.
(1) This law establishes the purpose, the principles and the main requirements of judicial and genomic registration, and also condition on which biological material at certain physical persons or from the biological marks left on site incidents in connection with making of crimes for determination of genomic profile (DNA profile) can be built.
(2) Operation of this law does not extend to the legal relationship arising within civil legal proceedings or in the cases of personal nature connected with establishment of DNA profile of the person and on the legal relationship arising in case of collection of judicial and genomic information in the course of registration and issue of the identification documents containing biometric data.
In this law the following basic concepts are used:
the judicial and genomic analysis – use of one set of biochemical determinations by means of which information containing in the certain not coded macromolecule DNA fragments is transformed to the alphanumeric code inherent in each individual;
data on incident – information on the committed crime, such, as: data on the place and time of crime execution, on the victim and the criminal (if they are known), on the authorized bodies which are carrying out investigation, and also other additional data concerning criminal procedure;
identification data DNA – DNA profile and its identification number;
the area connected with risk for life – the area which is characterized by possible risks, more or less predictable, determined natures of activities/specialty and/or profession (the bomb expert, forensic medicine, technical criminalistics, activities for suppression of the fires, aircraft, etc.);
mass researches (DNA screening) – collection of biological material at wide range of faces tied with act by means of individual and/or general characteristics which research is obligatory for establishment of the actual situation or for identification of persons/persons or objects;
judicial and genomic information (further – genomic information) – data on DNA profile, personal data and data on case;
judicial and genomic registration (further – genomic registration) – the process of collection, introduction of data and management of biological material and genomic information performed by authorized bodies;
biological material – any liquid or solid biological substance (allocations, cages, fabrics, etc.) made by human body which research is necessary for establishment of the actual situation or identification of certain objects or certain person / persons;
noninvasive methods – the methods of receipt of biological material from physical persons which are not affecting personal privacy and not breaking physical integrity of person;
identification number – number consisting of combination of the following elements:
a) the code allowing to identify and take personal data and other information from the Automated information system "State Register of Genomic Data";
b) the code specifying national origin of DNA profile;
c) the code specifying DNA profile type;
not coded part of DNA – the chromosomal zone which is not containing genomic information and not providing any information on functional properties of certain organism;
DNA profile – the code consisting of the letters or figures representing set of identification characteristics of not coded part of the analyzed DNA sample of the person, and also specific molecular structure of different segments of DNA (loci);
not identified DNA profile – the DNA profile received during investigation of crimes in case of collection of the tests relating to not identified person;
the identified DNA profile – DNA profile of the identified person;
biological traces – the biological material made by human body and left consciously or irresponsibly on site crime executions;
accredited laboratory – the laboratory accredited according to the international standard ISO 17025, intended for the analysis of the biological material received at persons from the biological traces and corpses specified in Article 8.
The purpose of genomic registration is the research, the prevention and fight against categories of the crimes infringing basic rights and personal freedoms, in particular the right to life, physical and mental integrity, and also identification of unknown corpses, persons, missing persons or dead owing to emergency situations, crimes of terrorist nature and also the prevention and fight against the acts posing threat for homeland security.
(1) the Authorized bodies performing genomic registration publish within the competence and according to this law the regulations regulating activities for the organization of genomic registration, for application of methods and method of collection, accounting, storage, classification, systematization and provision of genomic information.
(2) with discrepancy between provisions of this law and provisions of international treaties in the field which party is the Republic of Moldova the priority is given to the international standards.
(1) Genomic registration is performed on the basis of the principles of legality, humanity, confidentiality, with observance of the rights and personal freedoms enshrined in the Constitution of the Republic of Moldova and other laws, and also in international treaties which party is the Republic of Moldova.
(2) Genomic registration shall not do harm to health of the person or wound his honor and dignity.
(3) Within genomic registration direct or indirect restriction of the rights and personal freedoms on signs of race, nationality or ethnic origin, age, political affiliation, language, religion, floor, beliefs, the social status, property status, education, occupation or on any other sign is forbidden.
Genomic information is used for:
a) identifications of criminals;
b) establishments of accessory of the biological traces or objects having cause and effect relationship with act;
c) exceptions of persons and victims who reasonably or accidentally were on site incidents;
d) exceptions of the persons which are belonging to the group of people, having the general characteristics connected with act which also the criminal can enter;
e) identifications of unknown corpses and the died persons – the victims of emergency situations or crimes of terrorist nature;
f) identifications of missing persons;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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