BADANIA DNA WE WSPÓŁCZESNYM NIEMIECKIM PROCESIE KARNYM
DNA EXAMINATION IN THE GERMAN CRIMINAL PROCEDURE CODE

Summary/Abstract: The article shows a short history of DNA examination and its forensic application. The main part of it has been devoted to the last amendment of German criminal procedure code, which came into force in November 2005. In the paper there have been showed particular solutions and evolution of the section 81a of German criminal procedure code which governed that a physical examination of the accused might be ordered for the establishment of facts which are of importance for the proceedings. For this purpose, the taking of blood samples and other bodily intrusions which are effected by a physician in accordance with the rules of medical science for the purpose of examination shall be admissible without the accused’s consent, provided no detriment to his health is to be expected. In the last amendment the German lawmaker decided to rule molecular examination in a very specific and detailed way. In the author’s opinion the German law could be useful by projecting potential amendments of the Polish law.

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