The 2008 Interpol survey reports that 2,115 crime scene DNA profiles and 8,944 individuals' profiles were held in Norway at the time of the survey.
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Criminal Procedures Act
Law Regulating the Prosecuting Authority
- Straffeprosessloven [strpl] [Criminal Procedures Act] 12:158, 12:160, 12:160a (Nor.).
- Chs. 10, 11a Forskrift om ordningen av påtalemyndigheten (påtaleinstruksen) [Law Regulating the Prosecuting Authority] ([Norsk Lovtidend] 1985:1679) (Nor.).
- Chap.10. Physical examination of suspects.
§ 10-1. When the suspects can be subjected to physical examination
Physical examination may be made against the suspects with reasonable grounds for an action which by law can lead to freedom of punishment, when it is believed to be of importance for the enlightenment of the case and does not appear as a disproportionate interference.If the terms of consent in writing, can be obtained biological material with a view to conduct a DNA analysis without regard to whether there are reasonable grounds for suspicion.
This applies even if the punishment can not be imposed because of the provisions of Penal Code § 44 or § 46It also applies when the state has meant that the suspect has not been expelled sake.
The provisions of this instruction makes no changes to the freedom to make purely external examination of the body and clothing, etc. under the rules of search warrants, see Criminal Procedure Law § § 192 et seq
Amended by regulations 5 September 1997 No. 961, October 24, 2003 No. 1261.
§ 10-2. Decision of the Court of physical examination
Without the suspect's consent to physical examination only made after the court ruling has given permission to the survey.
Prosecutors will decide whether the court's permission to physical examination of the suspects will be requested.The request shall contain a brief description of the action and the suspicion is the reason why the investigation must be assumed to be important for that information. Moreover, the petition shall specify what the investigation will go on.
Before it decides the physical examination of the suspects, they should be as far as possible and advisable access to express themselves.
§ 10-3. Decision by prosecutors on physical examination
If the purpose of the investigation would otherwise be forfeited, the prosecuting authority on their own give orders that will be conducted physical examination of suspects.To order comes into this case instead of ruling by the court.
The order shall be in writing and reasoned.It should specify what the investigation will go on. If the purpose of the investigation would otherwise be forfeited, the order is given orally, but shall in such case recorded as soon as possible.
The rules in § 10-2, third paragraph applies correspondingly.
§ 10-4. Restrictions on freedom of investigation etc.
Physical examination can only be made to the extent it can be done without danger or significant pain for the suspects.Do not make gastroscopy (stomach examination) or take a urine sample using a catheter.
Otherwise, the survey is always undertaken as regards fully as possible.It will be no more intrusive than is necessary, and should be performed on a minimal invasive manner.
There must be only used force in the extent and as long as is necessary to complete the survey in satisfactory manner.It can not force that involves danger or significant pain for the suspects.
§ 10-5. Who can make physical examination
The following investigations should only be performed by qualified health personnel, and preferably, when it can be done without the purpose of the survey forfeited, by a physician or by decree of the physician in each case:
b)Investigation using X-ray
c)Examination of the rectum or vagina
d)Study by enema or supply of emetic or purgative
e)Other interventions that require medical know-how.
Study by enema or supply of emetic or purgative that is not performed by a physician, must only be undertaken under the supervision of a physician.Exploration of the use of rektoskop must only be undertaken by a doctor.
In addition to physical examination, such as urine, utåndingsprøve (alcotest) and examination of the mouth, carried out by the police.
§ 10-6. The practical implementation of the survey
Prior to the survey conducted, the decision or order the physical examination read to or be displayed suspects.There is no written decision shall be stated what the issue is and what the survey should go out on.
If the survey will only be present persons who are required by the terms of the implementation of the survey.The place has a duty to preserve secrecy to unauthorized use of what they have observed.
After consideration of decency dictate, they will present people as far as possible be of the same sex as suspect.This does not apply for health professionals taking part in the survey.
When the survey is made, it should if possible be present a witness who is not ugild under the rules of Court Act § 110, second paragraph.
Examination of more extensive or intimate nature can only be done indoors and in a separate room separated.
§ 10-7. A written statement of the survey
Experts who assist prosecutors, will provide a written statement about the investigation under the provisions of the Criminal Procedure Act § 153, third paragraph.
If the survey is conducted by the police, see § 10-5, last paragraph, should a similar written statement given by the competent police officer.
§ 10-8. Report
It will be on site or as soon as possible put up a report of physical examination that is conducted pursuant to the provisions of the Criminal Procedure Act § 157The report should provide information about:
a)Suspect's name, date of birth and residence, and what the suspicion is
b)The court's ruling, any prosecution ordered the investigation
c)Who has made the investigation and when it occurred
d)What kind of investigation that was undertaken and the results of it, possibly by a reference to the written statement prepared in connection with the investigation.
The report shall be signed by the report printer, and in the case of the witness.
When the report comes to physical examination as specified in § 10-5 first paragraph b to e, shall be an extra copy of archived separately to use for reporting under § 10-9.
§ 10-9. Reporting etc.
At each turn of the year will be a copy of the reports mentioned in § 10-8, third paragraph sent to the Attorney General.
Prosecutor brings statistics of the different types of physical examinations as it enters report.Prosecutor submit every year the statistics of the Ministry of Justice with the notes he believes the matter had to front seats.
The Ministry may obtain further information about the police and prosecution's handling of cases where it has filed or made physical examinations - both generally and with respect to specific cases.
- Chapter 11a.Central register of DNA profiles (The entire section was amended by regulation 8 August 2008 No. 883 (effective September 1, 2008)). § 11a-1. Central DNA register At NCIS be a central DNA register that consists of an identity register, a register investigation and a trail register. The DNA profile is meant in this chapter, the results of an analysis of biological material to determine a person's identity.The DNA profile is expressed by a number combination. Profiles detected in the DNA index is referred to as identity profiles, investigative profiles and track profiles. The identity of the register can be registered a)it is imposed as a punishment for an act which by law can lead to freedom punishment. Registration can only occur when the decision is legally enforceable or the case is finally decided. Action that it is made out simplified procedures for, does not provide a basis for registration b)it can not be sentenced to punishment for an act that would qualify for registration because of the provisions of Penal Code § 44 or § 46 The same applies when the state has meant that they have not expelled the sake c)the working or living in Norway and has committed an act that could have led to freedom of punishment if it had been committed in Norway and abroad who are serving a penalty corresponding to those mentioned in the Penal Code § 15 d)the requests for reasons that are comprehensive. In the investigation register recorded all the DNA profiles obtained on the basis of biological material obtained pursuant to the Criminal Procedure Act § 158, first paragraph.Once the police have taken a decision on registration in the identity register, the person's DNA profile is transferred from investigations to register the identity register. In track registry may register information about the persons of unknown identity when the information is believed to be related to the unsolved criminal case. Mixing profile can be recorded in the track index only if the profile consists of unidentified persons.The same applies if the profile is partly identified and the identified dead. If the profile is partly identified and that are identified are alive, shall be obtained prior written consent of the person in order to add the mixture in the register. § 11a-2. Elimination Register At NCIS be an elimination registry.The elimination registry may register information obtained pursuant to the Criminal Procedure Act § 158, second paragraph, the employees of the police, analysis and other institutions with known identity who regularly comes into contact with crime scenes and evidence. Profiles recorded in the register referred to as the elimination elimination profiles. The purpose of registration is to prevent the profile of people who are not related to the criminal action, are recorded in the track index. Registration in the elimination registry is voluntary and requires the written consent of the registered. The biological material should be disposed of when the purpose of the survey is achieved.The police need to delete the elimination profile when the purpose of investigations is achieved or the reference person does consent back. Analysis institution can store profiles for the sole purpose of documenting their activities.The information can not be used for other purposes. § 11a-3. Search the Registry Profiles in Identity Register, the Register investigation and track the register are mutually searchable. The DNA profile from the unidentified same can be applied against identity register and the register investigation for the purpose of identification.The DNA profile from the unidentified same can be applied to track the register if there is evidence that the deceased may have been involved in criminal offenses. DNA profile identified from the same can be applied to track the register if there are reasonable grounds to suspect that the deceased may have committed a crime which by law could have led to freedom of punishment. § 11a-4. Reference Samples from individuals with legitimate connection to the scene or object Information from reference persons with legal connection to the scene or object can be obtained pursuant to the Criminal Procedure Act § 158, second paragraph, if the person consents in writing.Profiles that are treated under this provision is referred to as the reference profiles. The purpose is to prevent the profile of people who are not related to the criminal action, are recorded in the track index. The biological material should be disposed of when the purpose of the survey is achieved.The police need to delete the reference profile when the purpose of investigations is achieved or the reference person does consent back. Analysis institution can store profiles for the sole purpose of documenting their activities.The information can not be used for other purposes. § 11a-5. The procedure for the treatment of baseline samples Is it collected reference samples should these be sent for analysis along with the other track material in the case. If there is any benchmark tests of the case to analyze the institution comparing these with track profiles before the analysis results sent to the Criminal Police for registration. In the absence of reference samples in the case to trace the material analyzed and the track profile of NCIS immediately sent for registration in the registry tracks. Reference Samples collected in retrospect, to be compared with track profiles in the case.If these match the unidentified profiles that NCIS has received, to analyze the institution in writing notify NCIS so that the profile is deleted from the registry tracks. Before track profiles recorded in the track register is to be made search in elimination index. § 11a-6. According to the laws and the right of access Anyone who is registered in the identity register to be notified about this without undue delay. It registered the right to be informed what information is recorded about himself in the identity register or register investigation.Others may not provide information about the Register's content. § 11a-7. Disclosure of information The duty of confidentiality does not prevent the information from DNA index disclosed to foreign law enforcement agency or other foreign authority responsible for DNA registration. The information in the DNA index can be delivered to the research when there is reasonable and does not cause disproportionate inconvenience to other interests.The decision on disclosure of information on research made by the Public Prosecutor. If such consent is given to the time stipulated conditions deemed necessary to ensure sustainable management of the information. The provision in § 3-5 shall apply accordingly. § 11a-8. The deletion and destruction Identity Profile will be deleted if it is registered and legally binding acquitted after resumption.Otherwise, the identity profile will be deleted no later than 5 years after that the police are notified of the death from the National Registry. The information in the investigation registry should be deleted when it signed a legally acquitted or the case ends in any other way without the conditions for registration of the identity register is met.This does not apply if the conditions for registration in connection with another matter is present. Biological material that has been the basis for analysis of DNA profiles should be discarded as soon as the registration of the profile has taken place.Track Materials that are believed to be related to the unsolved criminal case can be kept as long as there is appropriate. § 11a-9. Appeals The prosecuting authority's decision on the processing of information, access and deletion of DNA index and elimination index can be appealed to the immediate superior prosecuting authority.The rules in Chapter VI of the Public Administration Act applies as appropriate. § 11a-10. Manager Responsibilities of further Chief of Criminal Police is responsible for processing DNA index and elimination index.Only the data manager or the one he has authorized access to the register. Data Processing, including analysis institutions, can not process information other than that provided by written agreement or instruction.The information can not be without such an agreement are left to the other for storage or processing. Analysis The institution will carry out analysis of the material submitted by the police.The contract shall be made in writing. The client is responsible for ensuring that the conditions for collection and analysis of the material is present. § 11a-11. Storage and printing of the DNA profile DNA profile may only be kept by the management responsible and those who perform DNA analysis, unless otherwise specified. It can be output from the DNA profile if it is necessary in connection with the use of DNA traces in the investigations or iretteføringen of a criminal case. § 11a-12. Supplementary guidelines Prosecutor may issue more detailed guidelines for completing and implementing the provisions of this chapter, including the criminal offenses that will be a priority in connection with registration in the DNA registry. § 11a-13. Transition Rules When the conditions are otherwise satisfied to DNA profiles collected before the Act of 18 January 2008 No. 3 on the expansion of the DNA registry and Act 27 June 2008 No. 67 on DNA forensics register comes into force, is registered in the Register investigation. It can be collected biological material and made the registration of the identity register of people who get a court ruling after the entry into force of the laws mentioned in the first paragraph.