ABSTRACT

In Finland, DNA analysis has been used for criminal investigation since 1991. For more than 20 years DNA analysis has been in use to decide cases before the courts. Finland approved 'Recommendation of the Council of Europe No R(92)1 on the use of analysis of deoxyribonucleic acid (DNA) within the framework of the criminal justice system' on 10 February 1992. In accordance with Chapter 6, s 5(1) of the Coercive Measures Act, the police have in a personal search the right to collect samples from persons suspected of a criminal offence. In order to clarify the offence, a DNA profile may be prepared from these samples. DNA sampling and profiling are permissible without the person's consent only on the conditions specified in the Coercive Measures Act. For persons other than those mentioned in the law, sampling and profiling requires the person's consent.