Problems in the genetic testing and collection of evidence a case of exercising the discretion of the competent official

Abstract

Bringing science technology to the criminal justice system especially the application of the genetic material in the human body to be applied in seeking evidence . It can help solve the criminal case that occurred  and also the most accurate, and reliable compared to any other evidence.

            Can be seen from cases that often lack testimony but useful to use genetic material in the criminal justice system. Even this might affect human dignity. Due to the method of obtaining the genetic material, it has to be an intrusion into the  body. This is considered a violation of one of the rights that should have been protected.

            Therefore, each country has to enact laws to define the scope of the competent authorities to order genetic material testing and storage so that it does not affect the human dignity of its citizens. It takes into account the principles of human rights along with the benefits of the justice of the majority of the  population.

            Although in Thailand there has been a set of criteria for obtaining evidence from genetic material that still found some flaws. The example case was in the issue of discretion of the investigating officer. At the moment, there is no proper legal method to examine and set a clear scope for ordering and collecting genetic material samples.

            Therefore, this issue may lead to problems that the investigating officer uses the legal power for illegal exploitation. Must study from the foreign methodology along with the protection of human rights.