프랑스 형사상 디엔에이감식시료 채취 및 정보 보관에 대한 동의

DNA detection plays an important role in collecting decisive evidence in criminal procedure. However, this abuse can violate human rights. For this reason, DNA detection sample collection must be realized under strict conditions for human rights. This is based on Articles 16-10 to 16-13 of 「the French civil code」. The following article was inserted by the law of 29 July 1994. The investigation agency has to obtain consent to collect DNA samples except in exceptional cases. Otherwise, an investigator can receive a criminal penalty. The French law of 15 November 2001 contributed to mitigating severity relative to the consent of DNA detection sample collection. Article 706-56 of 「the French criminal procedure code」 provides a criminal penalty for its refusal. The constitutionality of this article was confirmed by the French Constitutional Court. Recently, the related regulations were amended by the law of 26 January 2023. The current law takes a flexible attitude to DNA detection sample collection. Besides, in particular circumstances, this measure is permitted without consent. Thus, this study offers the implications relative to the warrant for DNA detection sample collection, its object range, and its preservation period in Korean law.