Utilizarea analizei ADN în investigațiile criminalistice. Considerații etice asupra necesitații de securitate și protejarea drepturilor individuale
The use of DNA analysis in forensic investigations. Ethical considerations on the need for security and protection of individual rights

Summary/Abstract: The article analyzes the use of genetic profiling in criminal procedure in Romania and evokes several advantages of using DNA analysis. These include a high degree of accuracy compared to other scientific methods. By its nature, the evidence obtained by genetic profiling can be more conclusive compared to testimonial evidence but also compared to other types of evidence. Other advantages include unique identification based on the concept of a 'genetic fingerprint' and the wide range of forensic applications of DNA analysis, from the identification of criminals to paternity testing. Recent technological developments, in particular in the genetic field, coupled with increasingly favorable case law, have led to a significant standardization of methods for obtaining and interpreting DNA profiles. This has facilitated the establishment and large-scale development of DNA databases, which are essential tools in criminal investigations, the identification of missing persons, and the establishment of familial relationships. The article traces the evolution of national DNA databases in the UK, and the USA and the importance of international cooperation mechanisms and practices in different countries concerning the use of DNA forensic analysis and aims to answer questions such as: to what extent DNA databases contribute to crime reduction and whether there are alternatives to national DNA databases that could be equally effective but with less impact on privacy. These questions arise from the analysis of legislation in countries such as China and Kuwait on the creation of DNA databases, which has raised several ethical concerns about privacy and balancing interests between the need for security and the protection of individual rights.

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