Receipt of biological samples people for determination of price in the pre-trial investigation

Abstract

On the basis of an analysis of the requirements of current Ukrainian criminal procedural legislation regulating the retrieval of samples for examination, alongside relevant provisions of criminal procedure theory, the article discloses the essence of human biological samples and the procedural features of obtaining them at the stage of pre-trial investigation.
It is demonstrated that difficulties in obtaining biological samples for examination during pre-trial investigation stem not from the drafting technique of the legal provisions, but from deficiencies in their application due to practitioners' lack of skills in systematically interpreting procedural rules in light of Western European legal doctrine and international judicial practice.
Article 245 of the 2012 Criminal Procedure Code provides for collecting biological samples from a person under the rules governing bodily examinations, while other samples are obtained pursuant to provisions on temporary access to items and documents. If a person refuses to provide biological samples voluntarily, the investigating judge, upon application by the prosecution, may authorize the investigator or prosecutor (or order them, if requested by the defense) to collect biological samples by force.
It is noted that errors in selecting the procedure for retrieving biological samples are unacceptable, as they carry the risk of violating individual constitutional rights.
The article concludes that the legal framework governing sample retrieval allows parties to criminal proceedings at the pre-trial stage to obtain finger impressions, voice, speech, and handwriting samples, as well as human biological samples. It recommends that coercive methods and means employed by authorized criminal justice authorities during sample retrieval comply with international human rights standards—specifically, they must not humiliate human honor and dignity or pose a threat to health.