An Act To Amend The Code Of Criminal Procedure And Act Of 22 March 1999 On The Procedure For Identification By Dna Analysis In Criminal Matters, To Create A Databank Of Dna 'disappeared Persons ' (1).

Original Language Title: Loi modifiant le Code d'instruction criminelle et la loi du 22 mars 1999 relative à la procédure d'identification par analyse ADN en matière pénale, en vue de créer une banque de données ADN « Personnes disparues » (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009023&caller=list&article_lang=F&row_id=900&numero=996&pub_date=2014-01-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-30 Numac: 2014009023 SERVICE PUBLIC FÉDÉRAL JUSTICE 21 December 2013. -Act to amend the Code of criminal procedure and the law of 22 March 1999 concerning the identification by DNA analysis in criminal procedure, to create a Bank of DNA "Disappeared persons" (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code of criminal investigation article
2. at article 44ter of the Code of criminal procedure, inserted by the law of 22 March 1999 and replaced by the law of November 7, 2011, the following changes are made: 1 ° in 5 °, the words ""Forensics"and"Condemned"" are replaced by the words "" Forensics","Convicts"and"Missing"";
2 ° article is supplemented by a 9 ° as follows: "9 ° missing person: the person whose disappearance is considered as alarming by the Attorney of the King.".
S. 3A article 44quater of the same Code, inserted by the law of November 7, 2011, the following changes are made: 1 ° the § 1 is supplemented by a paragraph worded as follows: "where appropriate, King's attorney shall inform the expert that it comes to trace missing persons or unidentified remains whose DNA profile will be saved in the database DNA"Disappeared persons".";
2 ° in § 3, paragraph 1, the words "article 5quater, §§ 1, 3 and 4" are replaced by the words "the article 5quater, §§ 1, 3, 4 and 5".
S. 4. in the same Code, it is inserted an article 44septies as follows: "article 44septies. § 1.
King's attorney may, subject to the written agreement of an ascendant, a descendant or a collateral of a disappeared person, order a sample of reference on this ascendant, this descendant or this collateral.
This agreement may not be validly given if the Crown Procurator or a police officer of judicial, Assistant of the Prosecutor of the King, has previously informed the concerned parent: 1 ° of the circumstances of the case in which the levy is applied;
2 ° where appropriate, the comparison of his DNA profile with the profile useful discoveries traces DNA;
3 ° of registration of his DNA profile in the database DNA "Disappeared persons";
4 ° the systematic comparison of his DNA profile with the DNA profiles stored in national and foreign DNA data banks for the sole purpose of identify directly or indirectly from deceased strangers or to facilitate the search for missing persons;
5 ° in the case of positive relationship with one of the DNA profiles referred to 4 °, of the registration of this link.
There is mention of this information in the written consent of the person concerned.
§ 2. Levy, the establishment of the DNA of the sample's reference profile, comparison of DNA profiles, transmission of the result to the Attorney of the King, the notification of the result to the party concerned, the second inspection and destruction of the sample reference and samples derived therefrom containing DNA are carried out in accordance with article 44quinquies, §§ 2 to 6 and 9.
Quality ascendant, descendant or collateral of a disappeared person is transmitted to the expert for the comparison of DNA profiles.
§ 3. Unless reasoned the procureur du Roi, the expert who was responsible for establishing the DNA profile from the sample of reference pursuant to § 2 statement office within 15 days following the submission of its report, the DNA profile to the Manager of the national banks of DNA data, for the purposes of article 5 §§ 1, 3, 4 and 5, of the law of 22 March 1999 on the procedure for identification by DNA in criminal matters. "."
CHAPTER 3. -Amendments of Act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters article 5 A section 2 of Act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, replaced by the law of November 7, 2011, the following changes are made: 1 ° to 5 °, the words ""Forensics"and"Condemned"" "are replaced by the words""Forensics", "Convicts" and "Missing" ";
2 ° article is supplemented by a 12 ° as follows: "12 ° missing person: the person whose disappearance is considered as alarming by the Attorney of the King.".
S. 6. article 3 of the same Act, replaced by the law of November 7, 2011, is replaced by the following: 'article 3 § 1. Without prejudice to what is provided for in § 2, DNA and the comparison of DNA profiles analysis can only be conducted in the context of criminal proceedings, to directly or indirectly identify the persons involved in the commission of an offence, to raise suspicions that weigh on others or to prove their innocence.
§ 2. However, DNA analysis and comparison of DNA profiles can also be performed to identify directly or indirectly of unknown deceased persons or to facilitate the search for missing persons. "."
S. 7. at article 3A of the Act, inserted by the law of November 7, 2011, the following changes are made: 1 ° in § 2, the words "articles 44quater, 44quinquies and 90undecies of the Code statement criminal and articles 4, 5, 5A and 5b of this Act" are replaced by the words "articles 44quater, 44quinquies, 44septies and 90undecies of the Code of criminal procedure and articles 4 ", 4A, 5, 5A and 5b of this Act";
2 ° in § 3, the words "articles 44quinquies and 90undecies of the Code of criminal procedure" shall be replaced by the words "articles 44quinquies, 44septies and 90undecies of the Code of criminal procedure".
3 ° § 3 is supplemented by a paragraph worded as follows: "When it comes to a sample of reference referred to in article 44septies of the Code of criminal procedure, the"MP"is added to code DNA number".
S. 8. in article 4, § 1, paragraph 2, of the same law, replaced by the law of November 7, 2011, 1 is replaced by the following: "1 ° DNA profiles from traces discovered in cases criminal, transmitted in accordance with article 44quater, § 3, of the Code of criminal procedure, with the exception of the discovered traces DNA profiles of missing persons and unidentified remains;".
S. 9. in the same Act, as last amended by the law of November 7, 2011, it is an article inserted 4A as follows: "article
4bis. § 1. It is created within the national Institute of forensic science and criminology database DNA "Missing persons". This DNA database contains: 1 ° the DNA profiles from traces discovered missing persons or bodies identified, transmitted in accordance with article 44quater, § 3, of the Code of criminal procedure;
2 ° the DNA profiles of reference samples of an ascendant, a descendant or collateral to a person disappeared, transmitted in accordance with article 44septies, § 3, of the Code of criminal procedure.

§ 2. Profiles DNA and data referred to in this article relating thereto are deleted from database DNA "Missing persons" on the orders of the Crown if their conservation in the data bank is not or is more useful for searching for the missing person.
Unidentified DNA profiles and data relating thereto are in any case cleared from the database in an automated thirty years after their registration in this bank fashion.
The person in the § 1, 2 °, may request the Prosecutor to order the immediate destruction of his DNA profile and data relating thereto. "."
S. 10A article 5quater of the Act, inserted by the law of November 7, 2011, the following changes are made: 1 ° in the § 1, the words "articles 44quater, § 3, 44quinquies, § 8, 90undecies, § 7, of the Code of criminal procedure" shall be replaced by the words "articles 44quater, § 3, 44quinquies, § 8, 44septies, § 3, 90undecies, § 7, of the Code of criminal procedure";
2 ° article is supplemented by a § as follows: "§ § 5 5" If it is a profile referred to in article 44septies of the Code of criminal procedure, the magistrate concerned cannot use the positive relationship in the purpose referred to in article 3, § § 2 2 '. "
S.
11. in article 6, § 2, of the Act, as amended by the law of November 7, 2011, 1 °, 2 ° and 3 ° are each time completed by the words "or of the search for missing persons.".
S.
12. this Act comes into force the first day of the eighteenth month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2013.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Note Senate (www.senate.be): Documents: 5-1633.
Annals of the Senate: July 18, 2013 and December 5, 2013.
House of representatives (www.lachambre.be): Documents: 53-2985.
Full report: November 21, 2013.