The The legal measures and establishment of a national DNA database for forensic evidence in criminal cases

Abstract

This legal research aims to (1) Study the laws for storing DNA. DNA storage power DNA storage guidelines and the preparation of DNA databases in England, the United States, the People's Republic of China, and Thailand. (2) Analyze and compare DNA storage laws. DNA storage power DNA storage guidelines and the preparation of DNA databases for England, the United States, and the People's Republic of China. Compare with Thailand, and (3) propose legal measures and create a national DNA database for forensic evidence in criminal cases.

The research results (1) studying DNA storage laws, DNA storage power, DNA storage guidelines, and the creation of a DNA database found that in England, legislation was enacted to authorize the storage of DNA and to establish criteria for classification according to offenses and storage methods according to human rights principles. Each state has the authority to enact its laws in the United States. There are primary laws supporting the systematic search for information. In the People's Republic of China, DNA is stored without law but through the state's authority. In Thailand, DNA is stored only based on consent. (2) the analysis and comparison of DNA storage laws, DNA storage power, DNA storage guidelines, and the creation of a DNA database found that in England, the law has been changed to allow compulsory DNA storage for the state's benefit in maintaining the country's security and safety. The United States has three levels of data linkage laws and agencies: the local, state, and national. The People's Republic of China can compulsorily collect DNA from citizens according to state policy, taking into account the goals of collection. While Thailand has the constitution of the Kingdom of Thailand as the highest law that supports the use of forensic science in the justice process, it can only apply equally in some cases. (3) There are three proposals for legal measures and the creation of a national DNA database for forensic evidence in criminal cases: 1) DNA storage authorization: Laws should be enacted to protect individual rights and freedoms, equivalent to the state's interest in maintaining the country’s security and effective law enforcement. 2) DNA storage criterion: criteria for storing DNA from the body should be expanded to be flexible. It is considered that storing DNA from a person's body only slightly affects the rights and freedoms of the person more than the benefit of the state. Establishing criteria for storing DNA has limitations that hinder the preparation of a DNA database for forensic evidence in criminal cases. And 3) the national DNA database preparation: laws should be implemented to systematically search and link data in the DNA database to the greatest benefit of the people, particularly in using it for concrete forensic evidence in criminal cases.