Law of 16 September 2004, regulating DNA testing in convicted (Wet DNA-Research of Convicted)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have considered that it is desirable to arrange for DNA testing to be carried out in persons convicted of certain crimes in order to contribute to the prevention, detection, prosecution and trial of criminal offences. facts of these persons;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 In this Act the following definitions shall apply:
a. DNA testing: examination of cell material which is limited to the comparison of DNA profile;
b. processing: which is understood to be Article 1 (b) of the Personal Data Protection Act ;
c. convict: a person who has or has not been irrevocably sentenced to a sentence as intended in Article 9, first paragraph, point (a), (1) or (3), of the Code of Criminal Law , a punishment as intended in Article 77h, first paragraph, point (a) of that Code , in so far as it concerns youth detention or job punishment, or a sentence as referred to in Article 6 (a) of the Code of Military Criminal Law or to a measure referred to in Article 37 , 37a in conjunction with 37b or 38 , 38m or 77s of the Code of Criminal Law ;
d. APB: a police officer as intended in Article 2 (a) of the Polition Act 2012 , an official of police as referred to in Article 2 (b) of that Law, insofar as it has been appointed for the performance of tasks in the field of technical review, or a military of the Royal Marechaussee as intended in Article 141 (c) of the Code of Criminal Procedure .
2 With a convict as referred to in paragraph 1 (c), for the purposes of this Act, shall be treated as a person who Article 39 of the Code of Criminal Law has been dismissed from all legal proceedings and to whom a measure as provided for in the Article 37 , 37a in conjunction with 37b or 38 , 38m or 77s of the Code of Criminal Law must have been imposed, and a person to whom a penalty of duty has been imposed by an irrevocable criminal act.
1 The district attorney in the district in which the court is located that delivered judgment in first instance, or the district attorney who issued the criminal order orders that of a convicted person for a criminal offence. as defined in Article 67, first paragraph, of the Code of Criminal Procedure , cell material will be taken away for the purpose of determining and processing his DNA profile, unless:
b. It is reasonable to assume that the determination and processing of its DNA profile due to the nature of the offence or the particular circumstances under which the offence was committed cannot be of significance for the purposes of preventing, detecting, prosecution and trial of criminal offences of the convict.
2 If the DNA profile of a person processed in accordance with the Code of Criminal Procedure , should be destroyed, it shall nevertheless be processed under the first paragraph, introductory sentence, if the person has been convicted of a crime as defined in Article 67, first paragraph, of that Code And the D.A. has ruled that it is reasonably plausible that the processing of its DNA profile may be of significance for the prevention, detection, prosecution and trial of criminal offences of the convict. The order of the district attorney referred to in paragraph 1, introductory sentence, shall be omitted in that case.
3 The order, the enforcement or the subsequent execution of the injunction may be omitted if, in the opinion of the prosecutor, serious reasons arise from the DNA testing of other cell material of the Convicted then decreased cell material to be taken.
4 The district attorney who issued the warrant appoints an expert, attached to one of the laboratories designated by general measure of directors, to conduct a DNA investigation and report him a reasoned report. -
5 The D.A. shall notify the sentenced person in writing of the results of the DNA test if his DNA profile corresponds to another processed DNA profile and the importance of the investigation so permits.
6 DNA profiles are only processed for the purposes of the prevention, detection, prosecution and trial of criminal offences and the identification of the identity of a corpse. Rules governing the processing of DNA profiles and cell material shall be imposed on or under the general measure of management.
7 In the case of or under general management measures, detailed rules shall be laid down for the implementation of the third and fourth paragraphs.
1 The order referred to in Article 2, first paragraph, introductory wording , has been signed and signed and contains the place where and the date and time at which the order is to be executed.
2 The order shall define the offence for which the person concerned has been convicted and shall state the criminal order or judgment or judgment in which the conviction took place.
3 The order shall, as far as possible, contain the name, previous names, date of birth, place of birth and place of residence or place of residence of the convicted person.
4 The order mentions the remedy that is open to the determination and processing of the DNA profile of the convict, and the period within which that legal remedy may be used.
5 The order shall be served on the convict by graduation in accordance with Article 588, first paragraph, point (b), second and third paragraphs, of the Code of Criminal Procedure .
1 If necessary for the execution of the warrant, intended in Article 2, first paragraph, introductory wording , the district attorney can order the detention of the convict. The arrest warrant shall be in writing and shall contain the reason for arrest. A copy of the order shall be issued without delay in the case of the arrested person.
2 The arrest shall be carried out by an investigation officer, who shall be able to enter and search for that purpose.
3 Cell material shall be taken from the detained convict only or the convicted person reporting for execution of the warrant, after having received one or more fingerprints in accordance with the Code of Criminal Procedure have been taken and processed and the investigation officer has established his identity in the manner specified in Article 27a, first sentence, first sentence, and second paragraph, of the Code of Criminal Procedure .
4 If the convict referred to in paragraph 3 denies the person to whom the order is directed, or where there is doubt as to his identity, the investigating officer shall be entitled to him, to the extent necessary for the establishment of the person concerned. to investigate his identity, to examine his clothing, and to investigate items which he/she carries with or carries with him. Article 55b of the Code of Criminal Procedure shall apply mutatis mutandis.
5 As far as necessary for the determination of his identity, the arrested convict may be held up on orders of the District Attorney for up to six hours on the understanding that time is between midnight and 9 a.m. Not included in the morning. The arrest warrant is in writing and contains the reason for withdrawal. The order designates the arrested convict, to whom a copy of the warrant is issued without delay, as clearly as possible. The D.A. may, in respect of the detained person, order his identity to be established. The measures to be taken shall be deemed to be such as to Article 55c, second paragraph, of the Code of Criminal Procedure . If necessary to establish the identity of the sentenced convict, the D.A. may order written orders that the six-hour period shall be extended once for a period of not more than six hours.
6 The order referred to in Article 2, first paragraph, introductory wording , it shall be implemented as soon as possible after the arrest of the sentenced person.
7 For the execution of the warrant, the arrested convict whose identity has been established must not be held up for more than six hours, except that the time between midnight and 9 in the morning is not taken into account.
1 The order referred to in Article 2, first paragraph, introductory wording , it is implemented by a decrease in the inaction of the wretoneum. If a decrease in the inaction of a medicinal product for special medical reasons or resistance of the sentenced person is undesirable or does not result in suitable cell material, blood shall be reduced or hair roots shall be reduced if necessary by means of the strong arm or, in so far as the convicted person in a facility, other than a psychiatric hospital, is staying, the official, intended Article 1 (d) of the Penitentiary Principles of Principles , Article 1 (h) of the Principles Act, nursing at the disposal of the or Article 1 (i) of the Principles of Principles of the Judicial Youth Act .
2 The cell material is taken by a doctor or a nurse. In cases to be determined by general management measure, the cell material may be reduced by a person meeting or requiring general measure of management.
3 In the case of or under general management measures, detailed rules shall be laid down for the implementation of this Article.
1 If the officer judges that there are compelling reasons for the DNA testing to be carried out on other cell material of the convicted than decreased cell material, he may be a criminal investigation officer or the officer. in Article 1 (d) of the Penitentiary Principles of Principles , Article 1 (g) of the Principles Act, nursing at the disposal of the or Article 1 (i) of the Principles of Principles of the Judicial Youth Act , to confiscate items which are suspected of being cell material of the convict.
2 To the extent necessary for the seizure of objects upon which suspected cell material of the convicted person is present, the officer may enter and search the property of the convict without the permission of the occupant. Article 99, first paragraph, of the Code of Criminal Procedure shall apply mutatis mutandis.
3 As soon as for the determination and processing of the DNA profile of the convicted sufficient cell material has been seized, the D.A. shall inform the convict in writing of the decision. This notice shall be served on the convict by award in accordance with Article 588, first paragraph, point (b), second and third paragraphs, of the Code of Criminal Procedure .
4 Once the DNA investigation has been carried out, the D.A. shall return the seized property to the person to whom it was seized.
1 The convicted person against the determination and processing of his DNA profile, within 14 days of the day on which his cell material was taken from the day on which the communication was intended to be carried out in the Article 6, third paragraph , has been served, submit a statement of objection to the court which gave judgment at first instance, or the court in the district where it could have been opposed to the criminal order. The Sixth Section of Title I of the First Book of the Code of Criminal Procedure shall apply mutatis mutandis.
2 The statement of objection shall state the reasons on which it is based.
3 The court decides as soon as possible.
4 As long as the determination and processing of its DNA profile can be filed with a statement of objection and as long as a filed objection has not been revoked or is not decided upon, the sentenced person based on the cell material of the sentenced person shall not be DNA profile determined.
5 If the court declares the objection well founded, it shall recommend to the prosecutor to ensure that the cell material of the sentenced ter was destroyed.
1 This Act applies to persons who have already been sentenced at the time of entry into force of this Law to a custodial sentence referred to in Article 9, first paragraph, point (a) (1) , or 77h, first paragraph, point (a) of the Penal Code or Article 6 (a) of the Code of Military Criminal Law -or a measure involving deprivation of liberty, as referred to in Article 37 , 37a in conjunction with 37b , 38m or 77s of the Code of Criminal Law , unless they have undergone such punishment or measure at that time or in connection with the offence for which that sentence or measure has been imposed upon irrevocable conviction, have been subject to provisional detention where the duration is at least equal to to the duration of such penalty or measure.
2 This Act also applies to persons who, at the time of entry into force of this Act, Article 38c of the Code of Criminal Law They are still being nursed out of government.
3 For the purposes of application of paragraph 1, the duration of the ininsurance shall be included in the duration of the provisional detention.
DNA profiles of convicts on the basis of the entry into force of this law Article 23, first paragraph, point (a) of the Personal Data Protection Act have been processed, shall be deemed to have been processed on the basis of Article 2, first paragraph, introductory wording In so far as these convicts at the time of entry into force of this Act impose a penalty or measure as referred to in Article 8 ed.
This law shall enter into force on a date to be determined by Royal Decree which may be established in different cases for those convicted in respect of a variety of offences.
This law is cited as: DNA trial law in convicts.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 16 September 2004
The Minister of Justice,
J. P. H. DonnerPublished the 28th of September 2004
The Minister of Justice,
J. P. H. Donner