Author(s) Ratchanee Tangon
Advisor(s) Mário João Ferreira Monte
Synopsis The purpose of this study is to examine those difficulties present in the collection of DNA evidence. Achieving a balance between the rights of an accused and the wider needs of society in solving and prosecuting crime. The right of an accused person to silence and his protection from self-incrimination are enshrined in 131/1 of Thailand‘s criminal procedure code. Integral to this examination are the ethical matters arising from the storage of a National Database of DNA in Thailand. Aside from those important questions arising out of the principles of justice Thailand faces practical problems such as shortages of forensic experts and a lack of finance and training in the support of the prosecuting authorities. What steps are to be considered legal and good practice when collecting DNA samples? What should be regarded as the consent of the accused? What type of collected sample is acceptable? Who should have the authority to collect DNA samples? What amounts to an accused person if refusing consent without reasonable cause? What kind of physical examination is to be deemed harmful to the body or health of the accused? At present Thailand has no specific rules on the regulation of DNA There are no specific rules set out in law on the conduct of those when examining forensic evidence, DNA evidence, forensic identification, the management of genetic databases so on, including laws relating to the protection of privacy right. The development of DNA evidence and its use for Thai criminal justice are discussed. Suggestions are made to find balance between rights to privacy and the broader public. The thesis emphasizes that the consent of the accused is necessary to collect DNA sample from a physical examination; furthermore that informed consent is essential. The police investigation have been assumed to be the problem in this legislative issues. Furthermore, the governance of the DNA database management and maintaining needs to be concerned with how to store or delete DNA profiles to assure good governance and public trust. Portuguese DNA database and its legislations might be a model for Thai DNA Database legislations for the beginning era are the first step. However, there are some issues that Portuguese DNA database legislation should be improved for instance in the collecting DNA sample, the retention of DNA profile and the familial searching.
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