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350.150 ADN CH-GR

Ordinance on the Federal Legislation on DNA Profiling - Identification outside of Criminal Proceedings (ADN)

6 Articles / Provisions · Switzerland · Canton of Graubünden
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Table of Provisions (6)

Statutory Text (6 Articles)

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**1. The Cantonal Police is responsible for issuing orders for the identification of persons outside of criminal proceedings in accordance with Article 6 of the Federal Act on the Use of DNA Profiles in Criminal Proceedings and for the Identification of Unknown or Missing Persons (DNA Profiling Act).**

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1. If the authority responsible for the proceedings or the last authority involved with the case determines that one of the conditions according to Article 9, paragraph 1 of the DNA Profile Act is met, it shall report this to the ordering authority no later than 20 days after becoming aware of it.

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1. The Cantonal Police (Forensic Service) is the central reporting office pursuant to Article 12, Paragraph 1 of the Ordinance on the Use of DNA Profiles in Criminal Proceedings and for the Identification of Unknown or Missing Persons (DNA Profile Ordinance), responsible for reporting deletion events.

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1. The following authorities report deletion events along with the deletion date and the annulment of deletion dates to the central reporting office

a) the courts in the cases pursuant to Article 18 letter a of the DNA Profile Act;

b) the cantonal police in the cases pursuant to Article 16 paragraph 1 letters a and b, Article 18 letter a, and Article 19 of the DNA Profile Act;

c) the Office for Corrections in the cases pursuant to Article 16 paragraph 1 letter b and Article 16 paragraph 6 of the DNA Profile Act;

d) the public prosecutor's office in matters pursuant to Article 16 paragraph 1 letters a and b, and Article 18 letter a of the DNA Profile Act, as well as in cases that are not assigned to any authority.

2. If the date of the judgment is decisive for the commencement of the deletion period, the report shall be made no later than 20 days after the relevant judgment has become final. In other cases, the report shall be made no later than 20 days after the occurrence of the event relevant to the deletion or annulment.

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1. The procedure for extending the retention period by the adjudicating authority is governed by the procedural rules for issuing a subsequent judicial decision (Art. 363 CPC).

2. The public prosecutor's office and the corrections department may apply for the initiation of proceedings with a petition.

3. If the adjudicating authority extends the retention period, it shall report this decision to the central reporting office as soon as it becomes legally binding.

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1. The Central Reporting Office shall notify the Federal Office of Police of the deletion of DNA profiles that were created in criminal proceedings prior to the enactment of the DNA Profiling Act, which led to a conviction for a misdemeanor.

2. The Public Prosecutor's Office shall report to the Central Reporting Office the deletion of DNA profiles that were created before the entry into force of the amendment to the DNA Profiling Act of December 17, 2021, and have not yet been deleted, insofar as the deletion deadlines were determined based on the previously applicable law. The Central Reporting Office shall disclose to the Public Prosecutor's Office the personal data necessary for the re-establishment of the deletion deadlines.

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