The Draft Act laying down rules concerning the establishment of a DNA database for criminal cases (DNA Database in Criminal Cases Act) and the Draft Act providing for further amendment of the Code of Criminal Procedure in connection with DNA testing in criminal cases (Official Gazette 1977 No. 94, as last amended by Official Gazette 2012 No. 61) were considered in first reading in the National Assembly on 8 April 2014. Both Acts received broad parliamentary support on 17 June 2014 and were adopted unanimously with 37 votes.
By further amending the Code of Criminal Procedure, DNA testing is given a statutory basis, while its implementation is surrounded by a series of detailed procedures in order to safeguard the rights of suspects, the due care in the taking of samples, and the reliability of the entire DNA testing process. DNA testing is now also possible by order in respect of a known suspect and of convicted persons.
Unlike DNA testing of suspects, which takes place for the purposes of detection, prosecution and adjudication, DNA testing of convicted persons is aimed at facilitating the investigation of old (“cold cases”) and new criminal offences. Within this framework, the DNA database constitutes the repository in which, in accordance with the procedures prescribed in the present Act, DNA profiles are stored to serve as comparative material in future criminal cases. In addition to promoting the detection, prosecution and adjudication of criminal offences, the DNA database for criminal cases also has a preventive effect.
Source::
Explanatory Memorandum to the DNA Testing in Criminal Cases Act
Explanatory Memorandum to the DNA Database in Criminal Cases Act