Obtaining samples for examination in criminal proceedings: a comparative analysis

Abstract

This article explores the procedures for obtaining samples for examination in criminal proceedings, focusing on the practices in Ukraine, the Netherlands, and France. It aims to identify commonalities and differences in legislative frameworks and procedural practices across these jurisdictions, highlighting their implications for human rights. While the practice of obtaining samples is essential for criminal investigations, it must be balanced with the rights of individuals. The research reveals that while Ukraine’s Criminal Procedure Code outlines sample collection procedures, it lacks detailed regulations that ensure the protection of rights during this process. In contrast, the Dutch and French legal systems provide clearer frameworks and protections, influenced by the European Court of Human Rights (hereinafter referred to as the ECHR) rulings. The ECHR has established important principles regarding the collection of biological samples, emphasizing the necessity of consent and the need to avoid arbitrary interference with individual rights. This comparative analysis underscores the importance of aligning Ukrainian legislation with the ECHR standards to safeguard human rights effectively. The findings suggest the need for a more precise legal framework in Ukraine that differentiates between sample collection and other investigative actions, ensuring transparency and protection of individual rights. Ultimately, the study calls for legislative reforms in Ukraine, inspired by successful practices in the Netherlands and France, to create a more robust and rights-respecting framework for obtaining samples in criminal proceedings.