Involvement of Legal's and Sub Legal's Solutions in (Im)Possibitlty for Use of DNA Analysis in Criminal Investigation

Abstract

Previous period in domain of fighting crime, was marked by situations in which crime had constantly advantage of criminalists and administration of justice. On the one hand, police and criminalists were limited by many legal's and sublegal's acts, unsuficient budgets, society's negligence about height of their personal incomes and lack of needed material and technical resources. However, on the other hand there were „forces" of organized crime which had only one limit-brain / intelect. To make things even worse for police, criminalists and administration of justice, ensured lack of new technologies , which could at least a little bit help, making ambience in which confronting crime would be more effective.

However, in last twenty years happened amazing things in field of implementation of new technologies in fighting organized crime. New technologies and new methods such as establisment of different data basis (for example follicle and pellet), modern instrumental technique in area of forensic chemistry, new powders and reagents in dactilography, IBIS system in balistic, SEM EDX method and AFIS system (automatic fingerprints identification) which came to daylight in last few years gave us hope that criminalists, police and administration of justice would finally have available mechanisms that could give them good chances in fighting criminal.

DNA analysys appeared as a crown of new technologies and maybe the most fundamentaliste forensic discover in last century. By its implementation finally were established conditions of absolutely reliable identification of bio-origin traces.

Undoubtedly very interesting fact is that use of DNA analysis in BiH is older than law regulation which treats this domain.

New criminal procedure act in BiH (so as entity's) established in 2003, defines basic parametres which regulate area of DNA analysis for first time in BiH.

Nevertheless, established law solutions with their context made significant number of problems and open a number of undefined and problematic situations.

Making things worse, many sublegal acts provided in that cotext are still not established or were established to late. Later, certain changes were established in law regulation which treats this area but nothing really happened or changed. As most things in BiH are going by descending lane .legislator only even more complicated situation in area of DNA analysis, establishingflast year) Book of regulations about way of collecting and taking samples of biological materials for DNA analysis.

Offered solutions connected to way of taking samples, protecting and storing samples, limitation of their use and results, storing them, procedure of analysis, receiving materials for DNA analysis totally complicated already serious situation in this area. In this way consequences of legal's and sublegal's solutions in this domain made postulate that all (or at least the most of) investigations in which were used DNA analysis will be denied meaning that many ciminals will stay free and many criminal acts not illuminated. Can it happen? And is it really going to happen?? This paper unfortunately gives basic warnings that such epilogue is possible. By the way, through this paper will be offered solutions how to solve situation described above as soon as possible.