The Czech Republic set up its DNA database in 2001.
The 2008 Interpol survey reports that 4,560 crime scene DNA profiles and 12,786 individuals' profiles, plus 20 missing persons' DNA profiles and 211 unknown/deceased DNA profiles were held in the Czech Republic at the time of the survey. According to Interpol, the Czech Republic's DNA database grew to 14,350 crime scene DNA profiles, 74,860 reference DNA profiles from individuals, 515 unidentified human remains DNA profiles, plus 955 other DNA profiles in 2011. No DNA database legislation had been adopted at that time. Another source reports that by October 2011, the national DNA database included 77,000 genetic profiles, 64,000 of which related to accused and convicted persons, while 13,000 DNA profiles were from crime scenes.
- External links
- Europol: Czech Republic
- CELAB: THE LEGAL REGULATION OF BIOBANKS National Report: Czech Republic (September 2009)
- Předpis č. 273/2008 Sb.Zákon o Policii České republiky
- EDRI: Key privacy concerns in Czech Republik 2007 (30th January 2008)
- EDRI: New Czech Police draft act allows taking DNA samples by force (7th June 2006)
- Press articles
I. Law on Point
Criminal Procedure Act,<ref name="ftn1"> See Zákona o Policii [Law on Police] č. 283/1991 Sb., § 42e, which provides:
(1) The policeman who in the performance of the police can not obtain personal information, allowing future identification, otherwise, is authorized for persons accused of committing a criminal offense for persons sentence of imprisonment for committing a deliberate crime, persons who have been saved protective treatment, or for persons found, after which the search was launched and which have competence legal proceedings in their entirety,
a) scan fingerprint impressions,
b) identify physical characteristics,
c) measurements of the body,
d) take video, audio, and similar records, or
e) take biological samples, by providing information on genetic equipment.
(2) detection of the external physical characteristics and measurements of the body referred to in paragraph 1, the police same sex or at the request of professionally qualified health professional, taking blood or collection of other biological material, which is triggered by physical integrity, carried out request the police only technically qualified healthcare professional. A similar procedure for the collection, which is triggered by physical integrity, if the people there overcome resistance. Collection biological samples are implemented in a manner that may endanger a person.
(3) Where an act referred to in paragraph 1 for resistance to a person unless the taking of blood or other similar operation triggered by physical integrity, is a police officer after the previous call in vain empowered to overcome this resistance. Way of overcoming the resistance to be adequate intensity resistance.
</ref> Law on Police,<ref name="ftn2"> E.U. 9445/1/06 at 6.
</ref>,<ref name="ftn3"> See Trestní Řád [Criminal Procedure Act] č. 141/1961 Sb., § 114, entitled “Tours of the body and other similar acts,” which provides:
(1) The inspection body is required to submit everywhere absolutely necessary determine whether the traces of his body or the crime. If inspection of the body performed by a doctor, it can make a person same sex.
(2) If the evidence needed to test blood or other similar act person is at stake, is required to endure, to her doctor or specialist health worker went to her blood, or made any other necessary act, unless associated with danger to her health. Collection biological material which is not related to intervention in the physical integrity of the person such an act relates, and may make that person or with his consent authority of law enforcement. At the request of law enforcement authority, this sampling procedure may without the consent of the suspect or accused to a doctor or health professional.
(3) If the evidence necessary to ascertain the identity of the person who stayed on the scene, the person at stake, is required to submit to acts required for such a finding.
(4) Where an act referred to in paragraphs 1 to 3 the resistance of the suspect accused to make a save in the collection of blood or other similar act triggered by physical integrity, is the enforcement authority proceedings shall be entitled to prior notice in vain to overcome this resistance; police authority needs to overcome the resistance of the suspect prior approval of a prosecutor. Way of overcoming the resistance to be adequate intensity of resistance.
(5) The obligations under the preceding paragraph shall be a person learned to ONU warning of the consequences of failure to comply (§ 66), a suspect or accused shall learn about the possibility of the procedure under paragraph 4.
</ref> and Binding Instruction No. 88/2002 of the President of the Police<ref name="ftn4"> Závazném pokynu policejního prezidenta č. 88/2002; see also Radka Šimková, legislativní problémy národní databáze dna [Legislative Problems of the National DNA Database], Kriminalistika, vol. XXXVI no. 3, available at http://web.mvcr.cz/archiv2008/casopisy/kriminalistika/2003/03_03/index.html (2003) (Czech Rep.); Pavel Vantuch, Národní databáze DNA a odběr biologického materiálu obviněným [National DNA Database and the Collection of Biological Material Indicted], Trestněprávní revue [Criminal Revue], Jan. 2004, available at http://www.ipravnik.cz/cz/clanky/trestni-pravo/art_3732/narodni-databaze-dna-a-odber-biologickeho-materialu-obvinenym.aspx (Czech Rep.); Emil Vančo, Policie České republiky – Kriminalistický ústav Praha [Police of the Czech Republic – Prague Institute of Forensics], Policie ČR nezneužívá DNA [Czech Police Do Not Abuse DNA], http://www.policie.cz/clanek/policie-cr-nezneuziva-dna.aspx (2008) (Czech Rep.)
II. Entry Criteria
All convicted persons and crime scene stains<ref name="ftn5"> See EU Current Practices at 41.
III. Sample Collection
IV. Removal Criteria
Convicted persons’ profiles are kept for eighty years after they are entered and crime scene stains are kept until they are identified<ref name="ftn6"> See EU Current Practices at 41.
V. Sample Retention
All samples follow fate of DNA profile<ref name="ftn7"> See EU Current Practices at 41.
VI. Database Access
Genetic department - Institute of Criminalistics, Prague (the Czech Police)
CODIS v. 5.7
- Press articles