Jugement Kantonsgericht (VD - Entscheid/2020/390)

Canton:	VD
Case number:	Entscheid/2020/390

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/390 vom 14.05.2020 (VD)

Date:	14.05.2020
Force of law:	-

Summary:	> N.________, who is suspected of having committed an offense against a person, refused to take a DNA smear. The court ruled that the DNA smear is permissible, since it is necessary to substantiate the suspicion. Explanation: > N.________ is the defendant in a criminal case for rape. > He refused to take a DNA smear to determine his DNA code. > The court decided that the DNA smear is permissible, since it is necessary to substantiate the suspicion. > The court justified its decision by the fact that the DNA smear is an important piece of evidence that can help identify or exonerate the accused. > N.________ must now take a DNA smear. More details: > The court found that N.________ had not put forward any legitimate reasons for his refusal. > The court also rejected the claim of N.________ that the DNA smear was a violation of his privacy. Legal basis: > Article 255 of the Swiss Criminal Procedure Act (StPO) allows the collection of DNA samples from persons suspected of having committed a criminal offence.
Rule of Law:	Art. 100 LTF;Art. 197 CPP;Art. 255 CPP;Art. 382 CPP;Art. 385 CPP;Art. 393 CPP;Art. 396 CPP;Art. 428 CPP;Art. 80 CPP;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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