Legal Issues in The Collection and Retention of The Prisoner’s DNA in Thailand

Abstract

This research aimed to studying the general information of Deoxyribonucleic Acid (DNA), relevant theories and literature regarding the collection and retention of the prisoner's DNA in Thailand, laws and regulations about the permission of DNA sample and DNA profile, related government agencies monitoring DNA national database. In this research, foreign laws and practical guidelines are applicable and analytically compared to Thailand concerning DNA issues. By research use documentary research with in-depth interviews with key informants involved in the area of studies. The study revealed that recent in Thai laws, the government officer's legal authority to collect DNA sample of the prisoner is not currently exerted. These problematic conditions result from Thailand's criminal procedure code, which specifies that DNA information can only be collected from the body parts in investigation and jurisdiction levels. This authority is not given to the government officials working with the inmate in prison. Therefore, the new law issuing or amending should be proceeded by authorizing government staff to collect the prisoners' DNA samples like in some countries, although they are unwilling to be treated like that. Apart from the previous recommendation, retention of DNA sample and DNA profile the culprit should be concerned about considering the appropriate time and returning moral people back to society after prison life. In terms of the responsible government agency in controlling and monitoring the national DNA database, there should be only one government department handling and managing Thailand's national DNA database.