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Published on: October 14, 2022
[Storage time for criminal trace evidence]
Markus Neuser1, Frank Heidorn, Marcel A Verhoff
1Fachbereich Rechtswissenschaft der Justus-Liebig-Universität Giessen.
Abstract:
The article discusses the question if and under what conditions trace evidence may be stored for DNA analysis. The authors report on several cases in which methodological improvements or even the introduction of DNA technology itself helped to identify the perpetrator or to rule out a suspect, who may already have been wrongly convicted, many years after the offence. Under medical and scientific aspects these cases seem to speak in favour of unlimited storage. German law does not contain explicit regulations on the storage of trace evidence of unknown origin, although it seems admissible under existing law. In view of a minor need of protection as against a high interest in the preservation of trace evidence, storage for an unlimited period of time seems necessary.
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