belgiquelex.be - Carrefour Bank of LegislationELI - Navigation system by European legal identifier
http://www.ejustice.just.fgov.be/eli/loi/2017/05/17/2017012254/monitor

17 MAY 2017. - An Act to amend the Code of Criminal Investigation and the Act of 22 March 1999 on the procedure for DNA identification in criminal matters, with a view to creating a DNA data bank "Intervenors" (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In article 44ter, 5°, of the Code of Criminal Investigation, last amended by the law of December 21, 2013, the words "Criminalistic", "Condemned" and "People disappeared" are replaced by the words "Criminalistic", "Condemned"People disappeared" and "Intervenors".
Art. 3. In section 2 of the Act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, replaced by the Act of 7 November 2011, amended by the Act of 21 December 2013 and by the Act of 9 April 2017 amending the Code of Criminal Investigation and the Act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, the following amendments are made:
(a) in the 5th, the words "Criminalistic", "Convicted" and "People Missed" are replaced by the words "Criminalistic", "Convicted" "People Missed" and "Intervenors";
(b) the article is supplemented by the 14° and 15° written as follows:
"14° Speaker: a person who, by virtue of his or her function and in that capacity, is directly or indirectly involved in the search for traces, analysis or treatment of discovered traces;
15° Contamination: the presence of DNA from stakeholders. ".
Art. 4. In section 3bis of the Act, inserted by the Act of November 7, 2011 and amended by the Act of December 21, 2013, the following amendments are made:
(a) Paragraph 1^er is replaced by the following:
§ 1^er. The national DNA cell, which is responsible for the allocation of DNA code numbers, is integrated into the federal prosecutor's office and is under the authority and direction of the federal prosecutor.
The Federal Prosecutor shall designate members who assist the national cell among members of the public prosecutor ' s office near the Federal Prosecutor ' s Office."
(b) in paragraph 2, the words "articles 4, 4bis, 5bis and 5ter" are replaced by the words "articles 4, 4bis, 5bis, 5ter and 5quinquies";
(c) in paragraph 2 is inserted on 7°, which reads as follows:
"7° coordination and management of reference samples and missions related to DNA analysis of stakeholders. ";
(d) in paragraph 3, the words "and section 5 of this Act" are replaced by the words "and articles 5 and 5quinquies of this Act".
Art. 5. In Article 5quater, § 1^er, of the same law, inserted by the law of 7 November 2011 and last amended by the law of 21 December 2013, the words "and 5ter, § 3, paragraph 2" are replaced by the words ", 5ter, § 3, paragraph 2 and 5quinquies, § 3, paragraph 5".
Art. 6. In the same law, an article 5quinquies is inserted as follows:
"Art. 5quinquies. § 1^er. It is created within the National Institute of Criminal Studies and Criminology a DNA data bank "Intervenors".
This data bank contains the DNA profile of stakeholders on which a sample was ordered in accordance with this section. The King determines stakeholders or categories of stakeholders whose DNA profile is recorded.
The DNA profiles of the reference samples can only be recorded in the "Intervenors" data bank under their DNA code number, to which the "INV" mention is added.
§ 2. If, after consultation with the national cell, it appears that the intervener's DNA profile has not yet been established, the federal prosecutor, as head of the national cell, orders the removal of a reference sample from the national cell.
Before the removal is done, the Federal Prosecutor, in his capacity as the head of the national cell, or a judicial police officer, auxiliary to the King's Prosecutor, shall communicate to the person concerned the following information:
1° the recording of its DNA profile in the DNA data bank "Intervenors";
2° the systematic comparison of its DNA profile with the DNA profiles recorded in the national banks "Disappeared employees" and "Criminalistic" in order to establish direct or indirect contamination;
3° in case of a positive connection with one of the DNA profiles referred to in 2°, the registration of this link.
§ 3. The federal prosecutor, in his capacity as the head of the national cell, requires a judicial police officer, an assistant to the King's Prosecutor, or a doctor to conduct the removal.
For blood removal, he can only require a doctor.
The sampling operation is recorded in a sample sampling report prepared by the judicial police officer, auxiliary to the King's Prosecutor.
The Federal Prosecutor, as the head of the national cell, designates an expert attached to a laboratory to establish the DNA profile of the reference sample.
Within a maximum period of one month after the receipt of the mission and the reference sample, the expert shall forthwith communicate to the manager of national DNA data banks, the DNA profile obtained and the related data so that they are registered in the DNA data bank "Intervenors".
The expert immediately destroys the reference sample and the drift samples containing DNA.
§ 4. The DNA profiles and related data referred to in this article are erased from the DNA data bank "Intervenors" on the order of the Public Prosecutor's Office, either at the request of the intervener, when their retention in the data bank is not or is no longer useful and not more than 50 years after their registration in the DNA data bank "Intervenors". ".
Art. 7. In Article 7, paragraph 1^er, of the same law, as amended by the law of November 7, 2011, the words "the composition and status of staff and" are repealed.
Art. 8. In article 8 of the same law, last amended by the Act of 10 April 2014, the words "national DNA databanks" are each time replaced by the words "national DNA databanks "Convicted", "Criminalistic" and "People Missed".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 May 2017.
PHILIPPE
By the King:
The Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-2087/ (2016/2017).
Full report: 4 May 2017.