JURISPRUDENTIAL EXAMINATION REGARDING BIOLOGICAL SAMPLING IN THE CASE OF CONVICTED PERSONS

• Main Author: Gabriela NEMŢOI
• Format: Article
• Language: English
• Published: Editura Univeristatii "Stefan cel Mare" din Suceava 2015-12-01
• Series: USV Annals of Economics and Public Administration
• Subjects: National System for Judicial Genetic Data; profile of criminal typology; biological sampling
• Online Access: http://annals.seap.usv.ro/index.php/annals/article/view/849/766

Objectives: The research devotes particular attention to the timing of biological sampling in the case of convicted persons. The main idea of the research is the factual situation regarding the criminal case law, which is not unified; problematic that prevents the formation of the National System of Judicial Genetic Data. Materials and Methods: The study focuses on evaluating the two opinions of jurisprudence on the implementation of the text of the law (Law no. 76/2008). Results: The carried research on different cases has shown that legal text is not mandatory, but its application is arbitrary, at the discretion of the court, but, nevertheless, the biological sampling in the case of convicted persons disregards the form for penalty. Conclusions: In the context of the creation of the National System of Judicial Genetic Data is a control condition on the typology of criminal profiling, we believe that biological sampling should be a priority to ensure safety of the individual.