Legal, social and ethical analysis on compulsory DNA collection in the forensic sciences of Albania

Abstract

“DNA fingerprinting” through the taking of blood and other secretions of the human body is considered as one of the most revolutionary advances in forensic identification and is of particular interest to forensic medicine. Although DNA identification has to do with personal identity, it is possible to test the material for this examination, from respective laboratories, together with the DNA on the whole. In contrast to fingerprinting (the science of fingerprints, used in forensic practice to identify a person, since the early 1900s), the forensic use of DNA samples for identification requires more care because it risks compromising the privacy and individual freedoms. It is therefore necessary that these examinations strictly respect the ethical rules of consent and confidentiality. In our country, where DNA examinations for resolving criminal and civil cases have started to be performed by the scientific police institute, only after the 2000s, this type of examination was not provided in the 1995 Code of Criminal Procedure. Article 199 of this code only stated that in relation to blood sampling, it can be performed even without the will of the person, if there is no risk to health. Then in 2017, in an amendment of this code, in article 201 / a, is presented the detailed procedure that must be observed for taking samples of blood and other tissues of the human body for performing DNA analysis, where first of all, the consent of the person to be examined must be respected, without excluding the possibility of taking them compulsorily. In this study, the authors, after the presentation of some features of DNA uses in forensic sciences, analyze in detail the important issue of consent and confidentiality, which reflect the principle of independence of the person in the fields of medical sciences, compared to that of consent and confidentiality in criminal matters, including that of DNA analysis. In conclusion, it is emphasized that the application in Albania of DNA analysis in criminal and civil cases requires great care in implementing the procedures set out in the relevant legislation, including the principles of consent and confidentiality in obtaining and storing their data for respecting human rights and preserving human dignity.