EXPERTIZA GENETICĂ ÎN CAUZELE PENALE

The main objective of this article is to promote the use of molecular biology techniques in the field of DNA forensic examinations. By analysing the definition of DNA forensic examination within the Criminal Procedure Code, which only refers to the National System of Genetic Data (RO: S.N.D.G.J.), the authors signal the limitations imposed by law regarding the gathering of genetic data outside of a given format. In spite of these limitations, the objectives of administering evidence in a criminal case, as well as the teleological interpretation of procedural legislation must be taken into account – which permit the use of any method or scientific approach in conducting DNA forensic examinations.This article describes the basic and most-commonly employed methods in molecular biology and underlines their applicability to criminal investigations. Their applicability is determined by the problems that require addressing in the various stages of the criminal investigation and/or case.The authors present the prosecution of Richard J. Schmidt by the State of Louisiana as a case study, for second degree attempted murder, by the exposure of his victim to HIV, as well as Hepatitis C virus. The criminal investigation employed DNA forensic examination, which employed DNA sequencing of HIV viral DNA, as well as bioinformatics and statistical methods, in determing the relationship between viral populations in the victim and one of the patients of the suspect. This represents the first case in the U.S.A. in which DNA comparison was used on viral DNA to establish a link between two individuals.