Hungary

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Hungary's DNA database was set up in 2004.

The 2008 Interpol survey reports that 1,129 crime scene DNA profiles and 68,192 individuals' profiles, plus 29 unknown/deceased DNA profiles were held in Hungary at the time of the survey. According to Interpol, Hungary's DNA database grew to 2,277 crime scene DNA profiles, 87,123 reference DNA profiles from individuals, plus 46 unidentified human remains DNA profiles in 2011. A DNA database legislation had been adopted at that time.

Resources

Detailed analysis

Act LXXXV of 1999 on the Criminal Records and Certificates on Criminal Record.[1],[2]

Persons convicted of one of the crime categories which are listed in law, suspects charged with an offence that could lead to a prison sentence of 5 years or more or that is listed in law, and all crime scene stains[3]

DNA profiles of crime suspects are retained when they are possibly involved in a crime which could result in a prison sentence of at least five years or when they are possibly involved in one of the offences which are listed in the law (e.g., offences related to international criminal activity, violent offences against sexual morals, offences committed against children under fourteen years old, offences committed in series or organized form, etc.). The DNA profiles of convicted offenders are retained upon conviction for one of the above mentioned crime categories. There are no restrictions to the entry of DNA profiles which are derived from unidentified crime scene stains.

A DNA sample can be taken from crime suspects, convicted offenders, minors and mentally ill persons. There are no restrictions to the collection of unidentified crime scene stains.

Convicted persons’ profiles are kept until twenty years after conviction, suspects’ profiles are retained until the underlying proceeding is abandoned or the individual is acquitted, and crime scene stains are deleted at the time proscribed by law[4]

DNA profiles which are derived from unidentified crime scene stains are removed from the database when the prescription term for the related crime is reached. DNA profiles of crime suspects must be removed upon abandonment of the proceedings or upon acquittal. Convicted offenders’ DNA profiles must be removed twenty years after the passing of the sentence.

Convicted persons samples must be destroyed twenty years after their conviction and suspects’ samples must be destroyed upon their acquittal or abandonment of the underlying investigation or proceeding[5]

All regulations regarding the entry and removal of the DNA profiles are also valid for the DNA samples from which they were derived.

Central Bureau for Data Processing, Recording and Election of the Ministry of Interior in co-operation with the Institute for Forensic Sciences of the Ministry of Interior.

Domestic courts, the public prosecutor’s office, investigating authorities and national security services have full access rights to the information on the database. The International Law-enforcement Cooperation Centre and other bodies of the Republic of Hungary that are authorized by international conventions to process and disclose data to foreign bodies have access to the information on the database too. Citizens shall be informed, at their request, of the data held and processed in the database related to them. Database administrators have access to the information that is relevant for the execution of their duties. DNA profiles can be exchanged with the other EU Member States through Interpol.

It is a CODIS database (v 5.7).

It is under development.




  1. E.U. 9445/1/06 at 7.
  2. The database contains data for individuals who have been suspected of committing any crime belonging to the following crime categories: (1) punishable with five or more years of imprisonment, (2) related to international criminal activity, (3) sexual assault with violence, (4) against juveniles, (5) committed in series or in organized form, (6) related to drugs or substances qualifying as drugs, (7) related to money or securities forgery, (8) committed with arms, (9) crimes against the nation, terrorism, violation of international legal liabilities, abuse of nuclear energy, money laundering, crimes committed at service forces and preparation for terrorist activity. The database contains data for crime scene stains.
  3. See EU Current Practices at 56-57.
  4. See EU Current Practices at 57.
  5. See EU Current Practices at 57.