Obtaining biological samples for molecular genetic examination in criminal proceedings

Abstract

The article discusses the organisational and tactical features of obtaining biological samples for forensic molecular genetic examination, in particular in the context of large-scale armed aggression against Ukraine with the aim of identifying war victims. It is determined that the general tactical procedure for obtaining biological samples consists of three stages: preparatory, working and final. Each stage has specifics in the context of DNA analysis. At the preparatory stage, the most important measures are to correctly determine the purpose of obtaining biological samples, consult with a geneticist on the type of samples and requirements for them as objects of further expert research; identify the person (or persons) from whom the samples should be obtained; draft the necessary procedural documents; determine the participants, time and place of the investigative action. The peculiarity of the preparatory stage for the seizure of personal belongings of a missing person is the interrogation of a person (persons) who has information about the presence and reliable belonging of a certain personal item to the person whose identity is to be established by DNA analysis. The tactics of the working stage are determined by the situation of voluntary or compulsory receipt of samples. When forcibly obtaining samples, special attention should be paid to the fact that the limits of physical coercion should not exceed the minimum necessary measure. Law enforcement officials should not allow excessive interference. The priority sample type is buccal epithelium from the inner surface of the cheeks. In the context of large-scale armed aggression against Ukraine, the issue of DNA identification of war victims is extremely relevant. In this regard, there are peculiarities of obtaining biological samples from relatives of the dead and missing, which primarily consist in the correct determination of the circle of such relatives, given the available methods of molecular genetic research used to obtain reliable results.