Lithuania

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Overview

The Lithuanian national DNA database contains genetic profiles derived from crime scene stains, as well as from samples taken from suspects and convicted offenders. With the exception of the mentally ill, the police are empowered to coercively collect samples from any suspect. The DNA profiles of suspects or convicted persons are kept for one hundred years after their entry into the database or ten years after the individual’s death. Genetic samples must be destroyed once they have been analyzed to create a DNA profile. A 2008 Interpol survey reports that 1,464 crime scene DNA profiles and 11,301 individuals' profiles were held in Lithuania at the time of the survey. According to Interpol, Lithuania's DNA database grew to 4,029 crime scene DNA profiles, 50,507 reference DNA profiles from individuals, 6 missing persons' DNA profiles, plus 254 unidentified human remains DNA profiles in 2011. A DNA database legislation had been adopted at that time.

Resources

  • Press articles

Detailed Analysis

I. Law on Point

Art. 156 of the Criminal Procedure Code of the Republic of Lithuania provides the legal basis to carry out genetic fingerprinting of individuals.

Lithuanian Police Activity Law provides the legal basis to accumulate and maintain various forensic intelligence databases.

Instructions on DNA Database Management, approved by the Order of the General Commissar of the Lithuanian Police and agreed with the Director of the Forensic Medicine Institute of the M. Romeris University[1]

II. Entry Criteria

All convicted persons, suspects, and crime scene stains[2]

There are no restrictions to the entry of DNA profiles of crime suspects, convicted offenders and unidentified crime scene stains into the database.

III. Sample Collection

There are no restrictions to the collection of DNA samples from crime suspects and unidentified crime scene stains. Lithuanian police officers and officers from the Prison department of the Ministry of Justice of the Republic of Lithuania are not allowed take a DNA sample from convicted offenders. However, if a convicted offender is suspected of having committed any other recordable offence, an officer of the criminal or the local police is allowed to take a DNA sample from the convicted offender. The police are not allowed to take a DNA sample from mentally ill persons.

IV. Removal Criteria

Convicted persons’ and suspects profiles are retained for one hundred years after their entry or ten years after their death and crime scene stains are kept indefinitely[3]

No time limit has been established for the retention of DNA profiles which are derived from unidentified crime scene stains. The DNA profiles of crime suspects and convicted offenders are removed after hundred years after entry or ten years after the passing away of the individual.

V. Sample Retention

All samples must be destroyed once they have been analyzed and a DNA profile derived therefrom[4]

DNA samples of crime suspects and convicted offenders must be destroyed immediately after they have been analyzed and the related DNA profiles have been stored into the database.

VI. Database Access

Authorized database managers and scientists have access to all information contained in the DNA database. Police officers can only check whether a particular person’s profile is included into the DNA database. DNA profiles can be exchanged with other EU Member States through Interpol.


References

  1. E.U. 9445/1/06 at 7.
  2. See EU Current Practices at 64.
  3. See EU Current Practices at 64.
  4. See EU Current Practices at 64.