CODUL DE PROCEDURA PENALA din 1 iulie (*actualizat*) (Legea nr. ) EMITENT: PARLAMENTUL PUBLICAT IN: MONITORUL. usaascvb.info Mar k unknown usaascvb.info Mar k unknown usaascvb.info Mar procedura-penala-partea-generala-noul-cod-de-procedura-penala- mihai-udroiu (1).
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Findings on facts other than those referred to in the first sentence shall not be made; examinations designed to codul de procedura penala such facts shall be inadmissible. A person who consents is to codul de procedura penala instructed as to the purpose for which the data to be obtained will be used.
The experts shall take technical and organizational steps to ensure that no inadmissible molecular and genetic examinations can be carried out and that no unauthorized third parties have access to information concerning the examinations. The material to be examined shall be given to the expert with no indication of the name, address or date or month of birth of the individual concerned.
Where the expert is not a public agency, section 38 of the Federal Data Protection Act shall codul de procedura penala subject to the proviso that the supervisory authority shall also monitor compliance with data protection rules even if it has no sufficient indication that such rules are being violated and the expert is not processing personal data in data files.
If the person concerned habitually commits other criminal offences, this may be deemed to be equivalent to a criminal offence of substantial significance by reference to the level of the injustice done. Information other than that required in order to establish the DNA profile or the gender may not codul de procedura penala ascertained during the examination; tests to establish such information shall be inadmissible. Without the written consent of the person concerned, the molecular and genetic examination of cell tissue may be ordered codul de procedura penala by the court.
Codul de procedura penala who have consented are to be instructed as to the purpose for which the data to be obtained will be used.
In its written reasons the court shall specify in relation to the particular case concerned 1. The same shall apply 1. Information other than that required in order to establish the DNA profile or the gender may not be ascertained during the examination; tests to establish such information shall be inadmissible. Without the written consent of the person concerned, the molecular and genetic examination of cell tissue may be ordered only by the court.
Persons who have consented are to be instructed as to the purpose for which the data to be obtained will be used. In its written reasons the court shall specify in relation to the particular case concerned 1. The same shall apply 1. The data may be transmitted only for the purposes of criminal proceedings, for threat prevention and for international mutual legal assistance in respect thereof.
In the case of number 1 of the second sentence, the accused is to be informed without delay that the data has been stored, and is to be instructed that he may apply for a court decision. Section 81h [Serial Molecular and Genetic Examination] 1 Where certain facts give rise to the suspicion that a felony against life, physical integrity, personal freedom or sexual self-determination has been committed, then with their written consent, persons who manifest certain significant features which may be assumed to apply to the perpetrator 1.
This order shall be issued in writing. The order shall designate the persons concerned by reference to specified significant features and shall give reasons. A prior examination of the persons concerned shall not be required.