Key Benefits:
Decision of 27 August 2001 laying down detailed rules on DNA testing in criminal matters (DNA testing in criminal matters)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Justice of 7 May 2001, No 5096282/01/6;
Having regard to the articles 151a, first, fourth, fifth, sixth and ninth member , 151b, fifth Member , 195a, first, fourth and fifth members , 195b, 1st and 2nd Member , and 195d, Fifth Member, of the Code of Criminal Procedure ;
The Council of State heard (opinion of 16 July 2001, No W03.01 0218 /I);
Having regard to the further report of our Minister of Justice of 20 August 2001, No 5113447/01/6
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. the law: the Code of Criminal Procedure ;
b. A DNA study: an investigation as intended in Article 151a, first paragraph, first sentence, or sixth paragraph, first sentence , 151b, first paragraph, first sentence , 151d, first paragraph, first sentence , 151da, first paragraph, first sentence , 195a, first paragraph, first sentence , 195b, first paragraph, first sentence , 195d, first paragraph, first sentence , 195f, first paragraph, first sentence , or 195g, 1st paragraph, first sentence, of the law or Article 2, fourth paragraph, of the DNA Investigation Act in Convicted ;
c. DNA database: the DNA database for criminal cases, intended in Article 14, first paragraph ;
d. Our Minister: Our Minister of Security and Justice;
e. investigation officer: an official of police 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 ;
f. convict: a person as intended in Article 1 (c) or (b) (b) (b) (b) (b) (b) (b) (c) of the ;
g. former suspect: a person who has been acquitted of a crime as intended by an irrevocable end-court Article 482a, first paragraph, point (a) of the Act , where intentionally causes the death of another, or has been dismissed from all legal proceedings without a measure as referred to in Article 1 (2) of the Article 37 , 37a in conjunction with 37b or 38 , 38m or 77s of the Code of Criminal Law has been imposed;
h. Unknown suspect: the suspect, intended in Article 27, first paragraph, of the Act who has been seized or secured in the context of the criminal offence of cellular material;
i. the institute: the Netherlands Forensic Institute;
j. NEN-EN ISO/IEC 17025: General requirements for the competence of testing and calibration laboratories issued by the Netherlands Standardisation Institute, as it was in January 2007.
As crimes as referred to in Article 151a, third paragraph, of the Act , in respect of which the auxiliary prosecutor has the authority to conduct a DNA investigation based on cell material of an unknown suspect, are designated the felons, intended in the Articles 310 and 311, first paragraph, parts 1 °, 4 ° and 5 °, of the Penal Code .
As no later than observable person characteristics of an unknown suspect or unknown victim on which a DNA study as intended Article 151d, first paragraph, first sentence , or Article 195f, first paragraph, first sentence, of the Act may be addressed, shall be designated:
a. the sex;
b. the variety;
c. The eye color.
1 The person who is asked to vote in writing in the purchase of cell material for the purposes of DNA testing may be assisted by a counsellor in the decision to take his decision. The Chief Prosecutor of the Court of Justice, the Judge-Commissioner, points him out to this possibility.
2 On the written consent form referred to in paragraph 1, notification shall be made of the impact of the cooperation on a DNA survey.
The person who voluntarily cooperates with a DNA study may lead to a reduction in the skin, blood or hair's roots for the benefit of that study.
The reduction of eyelash is done by taking two samples from the inside of each cheek.
Blood shall be reduced by means of a finger prick.
6 The removal of hair roots is by pulling out at least 10 hairs from the scalp.
7 The decline of eyelash, blood or hair roots is done by a doctor or nurse. In cases where the person concerned is individually authorized in writing, the taking-off of wretina or hairroots may be carried out by an investigation official designated for that purpose by the D.A. who fulfils the conditions of ministerial order conditions laid down.
8 The reduction of cell material is carried out with the means provided by ministerial regulations.
9 If the doctor or nurse has been or has been involved in the treatment of the person concerned, he shall not take any cell material with him unless the person has so requested in writing to the D.A. in the case of the Judge-Commissioner or of the staff member, as intended 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 (h) of the Principles of Principles of Youth Justice of the PrincipalRepublic .
1 The decline of eyelash, blood or hair roots for the benefit of a DNA trial in a suspect following an order as referred to in Article 151b, first paragraph , or Article 195d, first paragraph, of the Act or a convicted person under an order as referred to in Article 2, first paragraph, of the DNA Investigation Act in convicts shall be:
a. in the manner described in Article 2 (4) to (6) , and
b. The devices prescribed by ministerial arrangement.
2 The decline of eyelash or hair roots in a suspect following an order as referred to in Article 151b, first paragraph , or Article 195d, first paragraph, of the Act in the case where the suspect is given a separate written statement in writing, may be carried out by an investigation official designated for that purpose by the D.A. who complies with the requirements laid down in the ministerial order.
3 The decline of eyelash or hair roots in a convict under an order as referred to in Article 2, first paragraph, of the DNA Investigation Act in convicts where the convicted person does not object, may be carried out by an investigation officer appointed for that purpose by the D.A. or by a person designated for that purpose by the Director of the establishment or institution, as intended for the purpose of Article 1 (f) of the Penitentiary Principles of Principles , Article 1 (k) of the Principle Law, nursing at the disposal of or Article 1 (i) of the Principles of Principles of the Judicial Youth Act which complies with requirements laid down by ministerial arrangement.
4 Article 2, ninth paragraph , shall apply mutatis mutandis.
1 In the event of a reduction in eyelids, blood or hair roots, an investigation officer or a person is as intended in Article 1 (f) of the Penitentiary Principles of Principles , Article 1 (k) of the Principle Law, nursing at the disposal of or Article 1 (i) of the Principles of Principles of the Judicial Youth Act , in so far as the reduction of the cell material takes place in a convict and he is in a device as intended for Article 1 (b) of the Penitentiary Principles of Principles , Article 1 (d) of the Principles Act, nursing at the disposal of the or Article 1 (b) of the PrincipLaw of Judicial Youth stay or enjoy freedom from the establishment freedoms, which are:
a. of a record or a statement thereof, if, when the cell material is taken away, a person is present who is not an investigation officer, he provides an identity stamp on which he is the name, date and place of birth, and the name of the identity stamp. for the country of birth of the person whose cell material has been taken from or, if this information is unknown, other data enabling the identity of that person to be identified and stating that, if the cell material is present in the case of a Convicted by Article 3, third paragraph , has been taken by a person other than a doctor or a nurse, the convict has not objected to that,
b. The packaging in which the cell material was taken from the person provides an identity seal equal to the identity seal referred to in point (a); and
c. ensures that the cellular material referred to in (b), as soon as possible, is delivered to the institute in a package which it has equipped with one or more sealing seals.
2 The investigating officer making up the minutes, or the person making up the statement, referred to in the first member, is a person other than the person who Article 2, seventh paragraph, second sentence , or Article 3, second or third paragraph , eyelash or hair roots decrease.
3 In the case of a ministerial arrangement, detailed rules on the identity seal and sealing seals referred to in paragraph 1 shall be laid down.
1 The investigation officer shall provide the packaging of a seized object with potential cell material, or of cellular material not taken in accordance with the conditions laid down in this Annex. Article 2 or Article 3 , from an identity stamp as soon as the object or cell material has been seized or as soon as possible thereafter.
2 The investigating officer shall provide the minutes of the seizure of the object or cell material referred to in paragraph 1 of an identity stamp equal to the identity seal referred to in the first paragraph. If the cell material to be examined is of a known suspect, he shall record in the minutes his name and date of birth, place and country, or, if known, other information with which his identity can be identified.
3 The investigating officer shall ensure that the subject-matter or cell material referred to in paragraph 1 after a contract by the D.A., the judicial officer of the judicial authority, is the Judge-Commissioner responsible for carrying out such articles. DNA testing, as soon as possible in a packaging that he has provided one or more sealing seals at the institute is delivered.
4 To the extent that an object suspected of cell material of the convicted person has been seized, the staff member concerned shall, in accordance with the conditions laid down in Article 4 (1), 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 (h) of the Principles of Principles of Youth Justice of the PrincipalRepublic , the acts referred to in the first, second and third paragraphs.
5 Article 4, third paragraph , shall apply mutatis mutandis.
1 The institute records the cell material, intended to be used in the Article 2, third paragraph , 3, first paragraph , and 5, 1st Member , as well as on the subject-matter of Article 5, first paragraph , in a central register, the following information shall be fixed:
a. the date on which it was received;
b. The identity seal number intended for use in the Articles 4, first paragraph, points (a) and (b) , and 5, first and second members , as well as the process-astounding number of the criminal case in which the cell material was taken and the parquet number,
c. an indication of the crime related to the DNA investigation and the maximum sentence of imprisonment imposed on that offence;
d. the name of the D.A., the auxiliary officer of the justice department as the judge-commissioner, who ordered the conduct of DNA research;
e. the name of the laboratory which will conduct the DNA study and the date on which the cell material was sent to that laboratory, unless the DNA research will be carried out in the institute ' s laboratory, and
f. in the case of cell material of a known person, the name, date and place of birth and the country of birth of that person or, if this information is unknown, other data with which his identity can be established, as well as it to him; Awarded criminal record number.
2 In addition, the cell material records data of relevance for the moment when the corresponding DNA profile should be removed from the DNA database.
3 Regarding the cell material of a convicted or a person as intended in Article 14, fourth paragraph, point (g) , the first paragraph, point (b), to the extent that this relates to the process-surprising number of the criminal case in which the cell material was taken and the parquet number, not applicable.
4 Our Minister shall be responsible for the central register referred to in the first paragraph.
5 The Director of the Institute shall conduct the Management of the Central Register.
1 DNA testing is carried out in the laboratory of the institute, unless it is necessary because of the capacity of the insitute that the DNA test is performed in the laboratory of another institute or the district attorney (b) The Commissioner has ordered the DNA study to be carried out in a laboratory of another institute.
2 As a laboratory of another institute referred to in paragraph 1, only the following shall be eligible:
a. A laboratory accredited by the Council for Accreditation on the basis of the general criteria for the functioning of testing laboratories, named in EN ISO/IEC 17 025, and expert on forensics; DNA testing, or
b. a laboratory established abroad, accredited by the Accreditation Board of the Board of Accreditation, based on criteria similar to the criteria mentioned in the EN ISO/IEC 17 025, and expert is accredited. in the field of forensic DNA testing.
3 With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law does not apply to the application for accreditation, referred to in the first and the second members.
4 If the accreditation of a laboratory referred to in paragraph 2 has been revoked or has not been renewed after its expiry date, no longer DNA testing may be carried out in this laboratory.
5 The DNA study, intended in Article 151a, sixth paragraph, first sentence , or Article 195b, first paragraph, first sentence, of the Act shall not be carried out by:
a. The expert who is the DNA investigation as intended Article 151a, first paragraph, first sentence , below Article 195a, first paragraph, first sentence, of the Act Has performed, or
b. An expert who is connected to the same laboratory as the expert referred to in point (a).
1 If the DNA study will be carried out in a laboratory other than the institute ' s laboratory, the institute ensures that the cell material on which DNA research will be carried out is in a packaging equipped with the laboratory. one or more sealing seals, is delivered to the laboratory that will conduct the DNA examination.
2 The institute shall provide the cell material referred to in paragraph 1 of a label bearing a number equal to the number of the identity seal used by the institute to receive the cellular material.
3 The rules on sealing seals referred to in the first paragraph shall be laid down by ministerial arrangement.
1 The expert shall carry out the DNA examination within the time limit prescribed by the prosecutor, the judicial officer of the judicial authorities, as the Judge-Commissioner responsible for the conduct of the DNA investigation. The period shall be fixed after consultation with the Institute.
2 The expert shall carry out the DNA testing in accordance with one of the methods approved for the accreditation of the laboratory to which it is attached.
1 The expert shall draw up a report of the results of the DNA test and shall sign the report.
2 In any event, the report shall contain:
a. in the case of a DNA test for the cell material of a known person, the name, date and place of birth and the country of birth of that person, or, if this information is unknown, other data with which his identity can be identified established,
b. The identity stamp number or the label, intended to be used in: Article 8, second paragraph ,
c. the method by which the DNA profile has been obtained; and
d. The results and conclusions of the DNA study.
The expert shall make no later than one week from the date of the day's day of the report:
(a) the report to the Public Prosecutor, the Assistant Officer of Justice and the Judge-Commissioner,
b. a copy of the report to the institute, as well as the DNA profile obtained from the DNA survey, and
(c) a copy of the report to the investigating officer involved in the investigation or preliminary judicial investigation into which the DNA investigation has been carried out, on which the expert has drawn up the report, Except that this copy does not contain a DNA profile.
4 If the expert makes the report referred to in paragraph 3 to the judicial officer of the judicial authority, he shall also forward it to the D.A.
5 The third paragraph, points (a) and (c), shall not apply in the case of DNA testing pursuant to an order as referred to in Article 3 (2). Article 2, first paragraph, of the DNA Research Act in the case of convicts, the DNA profile of the convict does not correspond to any other DNA profile established in the DNA database.
6 The Director of the Institute shall, as soon as possible, report to the Public Prosecutor as soon as possible, or:
a. The DNA profile obtained from the cell material of a known person corresponds to the DNA profile obtained in relation to the same offence from the cell material intended in the DNA Article 5, first paragraph , which belongs to an unknown suspect, or corresponds to another DNA profile that is captured in the DNA database, or
b. The DNA profile obtained from the cell material intended to be used in Article 5, first paragraph , from an unknown suspect, corresponds to a DNA profile that is captured in the DNA database.
7 In case of: Article 2, fifth paragraph, of the DNA Investigation Act in convicts the D.A. shall indicate to the official, intended 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 (h) of the Principles of Principles of Youth Justice of the PrincipalRepublic In writing, knowledge of the results of the DNA test.
8 The district attorney gives a person as intended Article 14, fourth paragraph, point (g) , in writing, knowledge of the results of the DNA test if his DNA profile matches another processed DNA profile and the importance of the study permits.
1 The expert shall, as soon as possible after performing the DNA examination, send the remaining cell material into a packaging bearing a seal, to the institute, unless it is connected to the laboratory of the institute.
2 Article 8, second and third paragraphs , shall apply mutatis mutandis.
1 The part of the costs to be charged to the accused, intended to be used in the Articles 151a, seventh paragraph , and 195b, second paragraph, of the Act , for the purpose of carrying out a DNA study at the request of the accused is € 136.
2 A DNA study at the defendant ' s request shall not be carried out than after he has paid the amount, named in the first member, to the institute.
1 The institute stores as much cell material as necessary for a DNA study as intended in the DNA analysis after the completion of a DNA study. Article 151a, sixth paragraph, first sentence , or Article 195b, first paragraph, first sentence, of the Act or to redetermine the corresponding DNA profile captured in the DNA database.
2 By way of derogation from the first paragraph, the institute shall destroy the cell material of a third person:
a. if it is determined that the corresponding DNA profile does not correspond to the DNA profile obtained in relation to the same offence from the cell material, intended in Article 5, first paragraph , from an unknown suspect, or to the DNA profile of a deceased victim of a crime, or
(b) as soon as the third institute has informed the Institute of its withdrawal from the processing of its cellular material.
3 The first paragraph shall apply mutatis mutandis to the cell material of a deceased victim of a criminal offence, with the understanding that the institute stores his cell material for the purpose of detecting and prosecuting the perpetrator of the offence. criminal offence as a result of which the victim died or in which the victim was involved.
4 With the cell material referred to in the second paragraph, the institute shall also destroy the DNA profile obtained from the cellular material, the data specified in Article 6 , as well as the copy of the report, Article 10 (b) (b) .
5 The Institute shall keep records of each destruction pursuant to paragraphs 1 to 4.
1 There is a DNA database for criminal cases aimed at preventing, detecting, prosecuting and bringing criminal offences and establishing the identity of a corpse.
2 Our Minister is responsible for the DNA database.
3 The director of the institute carries out the management of the DNA database.
4 The institute records in the DNA database the identity seal number intended in the DNA database. Article 6, first paragraph, point (b) , fixed, and
a. the associated DNA profile of unknown and known deceased crime victims as defined in Article 67, first paragraph, of the Act ,
b. the corresponding DNA profile of persons suspected of being as a result of crimes as defined by Article 67, first paragraph, of the Act , missing,
c. the corresponding DNA profile of unknown suspects,
d. the corresponding DNA profile of criminal suspects as defined in Article 67, first paragraph, of the Act ,
e. the associated DNA profile of former suspects,
f. the corresponding DNA profile of convicted felons as defined in Article 67, first paragraph, of the Act , then
g. the corresponding DNA profile of persons who have received their punishment or measure in full in respect of crimes as defined in Article 67, first paragraph, of the Act and which have agreed in writing in the reduction of cell material for the purposes of determining and processing their DNA profile.
5 The director of the institute may redefine the DNA profiles recorded in the DNA database, if the state of the art makes that necessary.
6 The director of the institute may compare the DNA profiles recorded in the DNA database for the purpose of purpose, referred to in the first paragraph. If the comparison has a positive outcome, he shall inform the prosecutor or the judge-commissioner of this outcome.
7 By way of derogation from the sixth member, the Director may specify the DNA profile of a former suspect referred to in paragraph 4 (e), which is in the DNA database or the DNA profile of an unknown suspect referred to in paragraph 4 (c). in the criminal case in which the former defendant was acquitted or dismissed from all legal proceedings with that profile matched, exclusively among other things or with any other DNA profile related to that criminal case, of unknown suspects as intended in the fourth paragraph, point (c), if
a. the comparison is carried out with a view to the revision to the detriment of the Article 482a, first paragraph, point (a) of the Act Intended land; and
b. the Judge-Commissioner, on the claim of the D.A., ordered the comparison.
8 In case of application of the seventh paragraph, the Judge Commissioner who ordered the comparison shall notify the former suspect as soon as the importance of the investigation so permits, in writing of the results of the investigation.
9 The director of the institute can present the DNA profiles of the persons who Article 4:2, first paragraph, point (k), (3), of the Political Data Decision shall be provided to the Minister for Security and Justice, compare with the DNA profiles of the persons referred to in paragraph 4 (d), (f), (f) and (g). If the equation has a positive result, he shall set the district attorney or the judge commissioner and a nationwide unit as intended Article 25, first paragraph, part b, of the Police Act 2012 of this result in knowledge.
1 Have direct access to the DNA database:
a. Officers employed within the Institute, to the extent necessary for the proper performance of the task assigned to them by Our Minister; and
(b) the staff of the national contact points referred to in Article 6 (1) of the Council Decision 2008 /615/JHA of 23 June 2008 on the stepping up of cross-border cooperation in particular the fight against terrorism and cross-border crime (Pb). EU L 210), in so far as they are required to implement Articles 3 (1) and 4 (1), first paragraph, of that Decision and to the DNA profiles of the persons referred to in Article 3 (1) of that Decision. Article 14 (c), (d), (f) and (g) of Article 14 It is concerned.
The officials working within the Institute shall also have direct access to the central register provided for in Article 6 , insofar as they need it for the proper fulfilment of the task entrusted to them by our Minister.
2 The institute provides only data from the DNA database and the central register, which is intended to be Article 6, first paragraph , to:
(a) the members of the judiciary in charge of prosecution, in so far as they are required for the application of criminal law, shall include the execution of a request for judicial assistance as referred to in Article 4 (2). Article 552h of the Act , or for the execution of the Law DNA research on convicts ,
b. the members of the judiciary in charge of the courts, insofar as they are required for the application of criminal law;
c. Police officers referred to in the Article 2 (a), (c) and (d) of the Polition Act 2012 , who have been appointed for the execution of the police task, and the servicemen of the Royal Marechaussee, intended in Article 141 (c) of the Code of Criminal Procedure , in so far as they are necessary for the enforcement of the law of law,
d. a national unit as referred to in Article 25, first paragraph, part b, of the Police Act 2012 In so far as it is necessary for the enforcement of the legal order, and for the purpose of establishing the identity of the deceased victims, Article 14, fourth paragraph, point (a) , and
e. the Judicial Information Service, insofar as it needs it for the purposes of supporting the members of the judiciary, the officials of the police and the military of the Royal Marechaussee, referred to under (c) and the Central Office of the European Union. Judicial Incass for the purposes of the Article 1 of the Decision instituting the Central Judicial Incass Office , in the performance of their duties.
3 The institute shall limit the provision of information to the officials of the police and the military of the Royal Marechaussee referred to in paragraph 2 (c) to the name of the person whose DNA profile is recorded in the DNA database, and his date, place and country of birth, or, if this information is unknown, other data with which his identity can be identified, and the parquet number associated with the DNA profile.
4 The Institute shall provide the national unit referred to in paragraph 2 (d) for the purpose of establishing the identity of the deceased victims, as provided for in paragraph 2 of this Article. Article 14, fourth paragraph, point (a) , their DNA profiles, to the extent that the identities of these persons are unknown, and limited the provision of data, to the extent that it needs for criminal enforcement of the legal order, to criminal cases that have not yet been resolved and in the framework for which a DNA study has been commissioned, indicating the following:
a. of the fact that, in those criminal proceedings, no cell material has been obtained from which the DNA profile of an unknown or known suspect has been obtained, and of the amazing numbers involved in such criminal proceedings;
b. of the fact that, in those criminal cases, cellular material has been found from which the DNA profile of one or more unknown or known suspects has been obtained, and of the amazing numbers and names of those criminal cases, the date and place of birth; and the country of birth of the known suspect or suspects or, if they are unknown, any other data enabling the identity of the suspect or suspects to be identified and
(c) the occurrence of the DNA profile of one or more of the same unknown or known suspects and of the amazing numbers and names, dates and place of birth and country of birth, in more of these criminal cases; of the known suspect or suspects or, if this information is unknown, any other information enabling the identity of the suspect or suspects to be identified.
5 The Institute limits the provision of data to the Judicial Information Service to the name of the person whose DNA profile is captured in the DNA database, as well as his date of birth, place and country or, if these data are unknown, other data that can identify its identity, as well as the number under which its DNA profile is captured in the DNA database.
6 The Institute shall provide the data only upon written request, unless it is a provision to the national unit referred to in paragraph 2 (d) or of the Judicial Information Service. In the latter cases, the provision shall be made directly by automated means.
7 For each transmission of information, the date of delivery, the identity of the applicant and the nature of the information given shall be recorded.
8 As soon as a circumstance as referred to in Article 16 or 18 where the Institute is to destroy a DNA profile established in the DNA database, the Institute shall inform the national unit referred to in paragraph 2 (d) and the Judicial Information Service thereof. Immediately after the national unit referred to in paragraph 2 (d) and the Judicial Information Service have received such a notification, they shall destroy the data recorded with them concerning that profile.
1 Once there arises a circumstance that the person whose DNA profile is captured in the DNA database can no longer be considered as a suspect in the matter of a crime as defined in the DNA database. Article 67, first paragraph, of the Act , the Judicial Information Service shall inform the Institute accordingly.
2 Of a circumstance referred to in paragraph 1, in any event, is a decision of non-prosecution, a notification of not further prosecution, an irrevocable exclusion, a judicial declaration that the case ended, an irrevocable acquittal or an irrevocable dismissal of all legal proceedings in which not a measure as referred to in Article 37 , 37a in conjunction with 37b or 38 , 38m or 77s of the Code of Criminal Law was imposed.
3 By way of derogation from the first paragraph, a notification shall be omitted if a former suspect is referred to, unless that former suspect is in a review as referred to in Article 3 (2). Title VIII of the Third Book of the Act was acquitted or dismissed from all legal proceedings.
1 Terrose after the institute notified a notification as intended Article 16, first paragraph , has received, the institute destroes the DNA profile of the person who can no longer be considered a suspect in the matter of a crime as defined in Article 67, first paragraph, of the Act .
2 The institute shall destroy the DNA profile referred to in paragraph 1 and its associated data, as specified in paragraph 2. Article 6 , the cell material from which the DNA profile was obtained, as well as the copy of the report, intended Article 10 (b) (b) .
3 By way of derogation from the first paragraph, the institute shall keep the DNA profile if that profile in another case corresponds to the DNA profile of an unknown suspect and the person whose DNA profile is in the case classified as suspect in that case of a crime as defined in Article 67, first paragraph, of the Act .
4 Article 13, fifth paragraph , shall apply mutatis mutandis.
1 The institute destroyes the DNA profile of a suspect or convicted:
a. 20 years after a final decision as intended in the Articles 351 and 352, second member, of the Code of Criminal Procedure was done in connection with a crime subject to the statutory description of a prison sentence of less than six years, and in the context of the offence the DNA profile has been processed or after a criminal order has been fully committed for the offence of has been implemented, or 12 years after the death of the person concerned,
b. Thirty years after a final decision as intended in the Articles 351 and 352, second member, of the Code of Criminal Procedure was done in connection with a crime subject to a sentence of six years or more to the legal description, and in the context of the offence the DNA profile has been processed or after a criminal decision has been fully committed on the offence of the offence has been implemented, or 20 years after the death of the person concerned; or
c. after the expiry of the right to criminal proceedings by statute of limitations.
2 The period of 20 and 30 years referred to in paragraph 1 shall be extended if the person concerned has a final judgment as referred to in the first paragraph of this Article. Articles 351 and 352, second member, of the Code of Criminal Procedure have been made in connection with another offence or have been issued a criminal order in connection with another offence. In that case, the DNA profile shall be destroyed 20 or 30 years after the final judgment has been taken in relation to that other offence or the criminal order has been fully implemented in relation to that other offence, depending on the case of the crime to legal description less than six years or six years of imprisonment or more imprisonment. The first two sentences shall not apply in the case of the statutory description of a prison sentence of less than six years, whereas the earlier offence under the legal description is a prison of six years or more, and the 30-year period has not yet expired for more than 10 years.
3 The 30-year period referred to in paragraph 1 shall be extended by 20 years if the duration of the period of imprisonment or deprivation of liberty is longer than twenty years. If the prison sentence is life imprisonment or the detention order exceeds the duration of forty years, the DNA profile will be destroyed after eighty years.
4 By way of derogation from the first to third paragraphs, the DNA profile of a suspect or convicted person for a crime as intended for Articles 240b to 250 of the Penal Code Destroyed after eighty years.
5 The institute destroyes the DNA profile of a person as intended Article 14, fourth paragraph, point (g) Twenty years after commitment to the DNA database, or as soon as this person has informed the instute that he has withdrawn his consent to processing his DNA profile.
1 The institute destroyes the DNA profile of a former suspect:
a. 12 years after a final agreement as referred to in Article 1 (g) , was done in connection with a crime subject to a legal sentence of less than six years imprisonment, and in the context of the crime the DNA profile has been processed,
b. 20 years after a final agreement as referred to in Article 1 (g) , was done in connection with a crime subject to a sentence of imprisonment of six years or more, and the DNA profile has been processed in the context of the crime,
c. eighty years after a final agreement as referred to in Article 1 (g) , was done in connection with a crime based on Article 70, second paragraph, of the Code of Criminal Law is not subject to limitation, and in the context of the crime, the DNA profile has been processed,
d. where, in the judgment of the Public Prosecutor, it is established that revision is to the detriment of the Article 482a, first paragraph, introductory wording and point (a) , is excluded from the law, or
e. immediately after the death of the person concerned.
2 The time-limits laid down in paragraphs (a), (b) and (c) of the first paragraph shall be six, 10, or 20 years respectively if the defendant is the defendant at the time of the offence of the fact to which the judgment relates the age of 18 years Not yet.
1 The institute destroyes the DNA profile of a deceased victim:
a. 12 years after the date of fixation in the DNA database if the person concerned has died as a result of, or is involved in, a crime subject to a sentence of less than six years under the legal definition,
b. 20 years after the date of fixation in the DNA database if the person concerned has died as a result of, or is involved in, a crime subject to a sentence of 6 years or more to the statutory description, or
(c) eighty years after the date of fixation in the DNA database if the person concerned has died as a result of, or is involved in, a crime which is not subject to limitation under Article 70 (2) of the Criminal Code.
2 The institute destroes the DNA profile of a missing person according to the deadlines, named in the first member, or as soon as the person is no longer missing.
3 The institute destroyes the DNA profile of an unknown suspect according to the time limits, named in the first member.
1 The institute destroyes with the DNA profile, intended in the Article 18 , 18a and 18b , including the data relating thereto, Article 6 , the cell material from which the DNA profile was obtained, as well as the copy of the report, intended Article 10 (b) (b) .
2 Article 13, fifth paragraph , shall apply mutatis mutandis.
3 The Judicial Information Service shall provide the information that this service has obtained pursuant to Article 8 of the Decision identifying suspects and convicts of the public ministry, to the institute, to the extent that such information need to be able to meet Article 18, first to fourth paragraphs , and Article 18a, first paragraph, points (a) to (c) and (e) and second paragraph . The public prosecutor shall provide the institute with the information necessary to comply with Article 18, fifth paragraph, Article 18a, first paragraph, point (d), and Article 18b .
The Decision DNA surveys shall be repealed.
This Decision shall enter into force on the date on which the Law of 5 July 2001 amending the Code of the DNA Investigation in Criminal Matters (Stb. 2001, 335) enters into force.
This decision is cited as: Decision DNA testing in criminal cases.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 27 August 2001
Beatrix
The Minister of Justice,
A. H. Korthals
Issued the 11th September 2001The Minister of Justice,
A. H. Korthals
