ABSTRACT

Today, there are many means of identifying a person, including digital technologies, as well as biological and forensic traceological methods. Identifying the possible perpetrator of a crime is an important issue for the investigation of a criminal case, crime prevention, and prosecution, as it facilitates the solving of crimes and also has a preventative nature. On March 4, 2025, the Parliament of Georgia adopted the law "On the DNA Database", which is an entirely new development for the Georgian legislation and, moreover, a significant legislative regulation for the keeping a register of biological samples in investigative practice. The adoption of this law regulated, at the normative level, the rules for the registration, use, and deletion of DNA samples (biological material) taken from accused and non-accused persons during the investigation of a criminal case in a special register. However, since this is new for Georgia, there is a risk that the legislation, in terms of regulating certain issues, may come into conflict with fundamental human rights due to practical barriers and gaps. In this regard, it is important to clearly define the ground for the automatic deletion of a non-accused person's DNA sample, as stipulated in Article 3, Part 2 of the Law of Georgia "On the DNA Database". This is because, according to Article 7, Paragraph 5 of the same law, a person only gains the right to request deletion 10 years after the final decision is announced in the criminal case, and the sample is deleted only if the person applies to the storage authority with a deletion request. This equates to the indefinite storage of the sample. The European Court of Human Rights established a violation of the right protected by Article 8 of the European Convention on precisely such an issue. Furthermore, this paper discusses the Decision No. 3/6/1846 of the Constitutional Court of Georgia concerning the constitutionality of the 8th sentence of Article 144, Part 3 of the Criminal Procedure Code of Georgia, which specifically addresses taking of DNA samples from a non-accused person. Primarily historical, formal-logical, and comparative legal methods were used as the research methodology for the aforementioned paper.

Keywords: DNA Database, Personal Data, Non-accused Person

REFERENCES

LEGISLATIVE ACTS

Constitution of Georgia, Legislative Herald, 24/08/1995.

Law of Georgia „On DNA Database“, Legislative Herald, 336-IIms-XImp, 04/03/2025.

Law of Georgia „On Personal Data Protection“, Legislative Herald, 3144-XIMs-XMP, 14/06/2023.

Criminal Procedure Code of Georgia, Legislative Herald, 1772, 09/10/2009.

Resolution of the Government of Georgia №192, On approval of the procedure for taking, destroying, profiling, processing and exchanging biological samples, genetic profiles, Legislative Herald, May 30, 2025.

GEORGIAN LITERATURE

Gogichadze, G., Gedenidze, A., Chumburidze, J. (2009). Explanatory Dictionary of Medical Terminology.

DECISIONS OF THE CONSTITUTIONAL COURT OF GEORGIA

Constitutional Submission of the Tetritskaro District Court №3/6/1846 (24 June 2025), on the Constitutionality of Article 144, Part 3, Sentence 8 of the Criminal Procedure Code of Georgia.

FOREIGN LITERATURE

Westermark, H., Aronovitz, A., Curran, J., Fausch, I., Fournier, J., Hohenecker, L., Kleczewski, A., Pretelli, I., Polanco Lazo, R., Topaz Druckman, K., Viennet, C., Went, F., Zheng, J. (2020). The Regulation of the Use of DNA in Law Enforcement. https://www.isdc.ch (30.06.2025).

INTERNATIONAL LEGISLATIVE ACTS

Act on the establishment of a central DNA profile register, LAW, №434 of 31/05/2000, Ministry of Justice. https://www.retsinformation.dk (30.06.2025).

Act amending the Act on the Establishment of a Central DNA Profile Register and the Administration of Justice Act, LAW, №369 of 24/05/2005, Ministry of Justice. https://www.retsinformation.dk (30.06.2025).

Act (2018:1693) on the processing of personal data by the police within the scope of the Criminal Data Protection Act, Ministry of Justice. https://www.riksdagen.se/sv (30.06.2025).

Convention for the Protection of Human Rights and Fundamental Freedoms Rome, 4.XI.1950. https://www.echr.coe.int (07.07.2025).

Criminal Data Protection Act (2018:1177), Ministry of Justice. https://www.riksdagen.se/sv (30.06.2025).

Criminal Records Act (1998:620), Ministry of Justice. https://www.riksdagen.se/sv (03.07.2025).

Criminal Code (1962:700), Ministry/authority: Ministry of Justice L5 Issued: 1962-12- 21 Amended: until SFS 2025:638, Ministry of Justice. https://www.riksdagen.se/sv (04.07.2025).

Council Decision №2008/615/JHA (23 June 2008), on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, Official Journal of the European Union. https://eur-lex.europa.eu (07.07.2025).

Danish Penal Code, LBK №871 of 04/07/2014, Ministry of Justice. https://www.retsinformation.dk (29.09.2025).

The use of analysis of deoxyribonucleic acid (DNA) within the framework of the criminal justice system, ExpRec (92) 1, Adopted by the Committee of Ministers at the 470th meeting of the Ministers' Deputies, 10 February 1992. https://search.coe.int (07.07.2025).

The Swedish Code of Judicial Procedure, Departmental series 1998:65, Chapter 28, section 12, Ministry of Justice. https://www.riksdagen.se/sv (04.07.2025).

FOREIGN ARTICLES

Armentrout, P. (3 May 2015), Parabon's Snapshot DNA Phenotyping Service Helps Calcasieu Parish Sheriff's Office Redirect Investigation into Sierra Bouzigard's Cold Case. https://parabon-nanolabs.com (29.09.2025).

Kayser, M., Schneider, P. M. (2009). DNA-based prediction of human externally visible characteristics in forensics: Motivations, scientific challenges, and ethical considerations, Official journal of the International Society for Forensic Genetics (ISFG). https://www.sciencedirect.com (30.06.2025).

Muñoz, H., Fiodorova, A. (2014). DNA and Law Enforcement in the European Union: Tools and Human Rights Protection, Utrecht Law Review. https://utrechtlawreview.org (26.09.2025).

Russell, B. A. (24 July 2017). Man arrested in 2009 killing of Sierra Bouzigard. https://www.kplctv.com (29.09.2025).

DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS

Case of Dragan Petrovic v. Serbia, Decision №75229/10 (14 April 2020).https://hudoc.echr.coe.int (29.09.2025).

Case of S. And Marper v. The United Kingdom, Decision №30562/04 and 30566/04 (4 December 2008). https://hudoc.echr.coe.int (S. And Marper v. The United Kingdom, 2008).