Legal aspects of forensic DNA analysis in Germany

Abstract

DNA analysis may be carried out in cases of civil law (e.g., in cases of disputed paternity) as well as of criminal law (e.g., a case of murder). This overview will concentrate on DNA analysis in the context of criminal law. DNA typing of forensic stain samples is generally carried out in laboratories of the Police and of University Institutes of Legal Medicine. The police laboratories are usually part of the State Criminal Offices (Landeskriminalamt, LKA) or of the central Federal Criminal Office (Bundeskriminalamt, BKA). Each of the sixteen German Federal States (except one) has a LKA with a department carrying out forensic stain analyses. The 25 Institutes of Legal Medicine belong to the medical faculties of the public universities. They are also responsible for carrying out forensic autopsies as well as chemical analyses in forensic toxicology. At present, there is no general accreditation system for forensic DNA laboratories. Most police and university laboratories participate in quality control exercises organised by the German Society of Legal Medicine. These collaborative exercises are termed. ‘‘German DNA Profiling’’ exercises (GeDNAP) and comprise typing of 3–4 unknown biological stains as well as reference blood samples for all the relevant RFLP and PCR systems in use by the majority of participating laboratories. The results have been published regularly since 1992 [1], and the participants obtain a certificate documenting their successful participation.