디엔에이(DNA) 감식결과의 허용성과 증명력

‘Act on the Utilization and Protection of Deoxyribonucleic Acid Identification Information’ has been enacted and is being administered. The analysis of deoxyribonucleic acid (DNA) makes it possible to prevent misjudgment, to arrest more criminals, and to purge people of wrong suspicion. On the other hand, the dependence on DNA analysis is likely to cause various problems. Currently, polymerase chain reaction (PCR)-based somatic chromosome analysis (short tandem repeat (STR) analysis) is the most commonly used DNA identification. DNA identification may infringe the privilege against self-incrimination, personal rights and personal inviolable rights,whereupon it should fulfill indispensability, and besides, the collection of a specimen should fulfill proportionality. The Act stipulates that DNA specimens may be collected from convicts, imprisoned suspects and crime scenes after the receipt of the written consent from the person concerned. In addition, the Act stipulates that the specimen may be collected only to predict the recidivism risk,but it can be regarded as a factor of indispensability. The collect of a specimen involves the relinquishment of the Fifth in addition to the written consent. Specifically, a notification should be given of the right to be relinquished, and testimony should be born to the voluntariness of relinquishment. The results of DNA identification are recognized as scientific evidence, and thus meet the conditions of usefulness and reliability. According to precedents, the results of DNA identification may not be independent evidence to establish the charge but may be circumstantial evidence.