Poland

From FDNAPI Wiki
Jump to: navigation, search

The 2008 Interpol survey reports that 276 crime scene DNA profiles and 16,690 individuals' profiles were held in Poland at the time of the survey. According to Interpol, Poland's DNA database grew to 2,095 crime scene DNA profiles, 27,192 reference DNA profiles from individuals, 44 missing persons' DNA profiles, plus 228 unidentified human remains DNA profiles in 2011. A DNA database legislation had been adopted at that time.

Resources

Detailed analysis

Code of Criminal Procedure[1]

Art 74. § 1 The accused is not obliged to command his innocence nor any obligation to supply evidence against himself.

§ 2 The accused, however, is obliged to submit to:

1) visually inspected the outside of the body and the other tests are not connected with the violation of the integrity of the body, in particular, may be downloaded from the accused's fingerprints, photograph it and show for finding other people,

2) psychological and psychiatric examinations and tests connected to making a treatment on his body, with the exception of surgery, provided that they are made by that employee is entitled to health care in preserving the knowledge of medical indications and do not endanger the health of the accused, if studies are essential , in particular, the accused is required while maintaining the conditions subject to collecting blood, hair or body secretions, subject to paragraph 3,

3) collected by a body of criminal proceedings cheek swab from the mucosa, where it is essential and there is no fear that it would jeopardize the health of the accused or others.

§ 3 In relation to the suspected person can make a research or activities referred to in § 2 paragraph 1 and, by the requirements specified in § 2 paragraph 2 or 3, get blood, hair, a swab from the cheek mucosa or other body secretions.

§ 4 Minister of Justice, in consultation with the minister responsible for health shall determine, by regulation, detailed terms and manner of the accused to undergo tests and the suspected person, and make their participation activities referred to in § 2 paragraph 1 and 3 and § 3 , bearing in mind that the collection, recording and analysis of evidence were made in accordance with current knowledge in the field of criminalistics and forensic medicine.


Police Act[2]


Article 21a. 1. Commander in Chief of the Police maintain a database containing information about the results of the analysis of deoxyribonucleic acid (DNA), hereinafter referred to as "DNA database" and is the administrator of the Act on protection of personal data.

2. The DNA database collects and processes: (1) the information referred to in paragraph 1 in relation to: (a) the persons mentioned in Article. 74, 192 and 192a of the Code of Criminal Procedure, (b) the unidentified people and try to hide their identity, (c) the human remains unidentified, (d) the traces of unknown offenders; and (2) the person referred to in Article. 74, 192 and 192a of the Code of Criminal Procedure and unidentified people, or trying to hide his identity, including: (a) the names or aliases, (b) the names of the parents at birth and those who (c) the date and place of birth, (d) the designation and identification features of the identity document, (e) the address, (f) the number of the SSN, (g) the nationality and gender.

3. Including the database maintained by the collection of DNA samples collected from individuals or from human corpses in order to analyze the DNA in the form of cheek swabs of the mucosa, blood, or secretions of the hair bulb, and for human corpses as a biological material in a sample of tissue, hereinafter "biological samples.

4. The Chief Police Commander shall verify the data stored in the DNA database, using the appropriate provision of Article. Paragraph 20(17).


Article 21b. The information referred to in Article. Paragraph 21a. 1, introduced into the DNA database based on: (1) order the authority conducting the investigation or the court - in the case of DNA analysis carried out in connection with criminal proceedings or proceedings in juvenile cases, (2) Ordinance of the competent local police authority - in the case of human remains unidentified, unidentified people and try to hide his identity.


Article 21c. Information gathered in the DNA database shall be given to investigating criminal police and the authorities conducting the identification operations.


Article 21d. 1. Biological samples and information about DNA analysis results are stored in a database of DNA for 20 years and used to fight crime and for the identification of persons and bodies. 2. Biological samples and information on the results of DNA analysis of suspects, accused or convicted in connection with the commission of crimes and offenses referred to in Chapters XVI-XIX, XXV and XXXV of the Penal Code, as well as those referred to in Article. 94 § 1 of the Penal Code, may be stored in a database of DNA for up to 35 years.


Article 21e. Remove the information referred to in Article. Paragraph 21a. 1, the DNA database and the destruction of biological samples makes a commission appointed by the Chief of Police of these operations by making the protocol in relation to people: (1) have been acquitted or against whom criminal proceedings were discontinued - immediately after the relevant decision becomes final, (2) against which criminal proceedings were discontinued conditionally - after 6 months of the end of the test set by the court, (3) to which the proceedings were discontinued under the provisions of the Witness - one year after the date of validation of the order of redemption.


Legislative Report, A Bill to Amend the Police Act and the Code of Criminal Procedure[3]

The Act assumes that the purpose of identifying a person using only the DNA test results from non-coding regions of the human genome. Under Articles. 74 § 2 and 3 of the Criminal Procedure Code. collection of biological samples for DNA testing, in the form of the mucosa cheek swabs, blood, hair bulb or secretions from the suspects, suspected and convicted - can also be done without their consent.

Also, without the consent of the persons concerned in criminal proceedings will be able to take samples for preliminary studies, from people leaving genetic traces of the scene of a crime, but not suspected of authorship - as determined Articles. 192a Code of Criminal Procedure "in order to reduce the circle of suspects or determine the probative value revealed traces. In other cases, consent will be required for those persons who are to be sampled. The Law on Police was added in Article. 15, paragraph. 1 point 3a granting police the power to collect cheek swabs from the mucosa in a manner and cases provided for in the provisions of the Code of Criminal Procedure. Police officers have the power in all EU member states.

The Act stipulates that the DNA test results will be used only in certain criminal proceedings in the case of persons suspected tion of the authorship of all crimes and offenses referred to in Chapters XVI-XIX, and XXV, and Article XXXV. 94 § 1 of the Penal Code, whose genetic data will be left in the DNA database - just in order to combat crime. Leaving a database of DNA information on individuals suspected of committing serious crimes will use this information to fight crime and a higher than current effectiveness of police investigations. As a rule introduced 20-year period of storage of samples biological and information on the results of DNA analysis. Exception to the above. rules will be applied to biological samples and the results of DNA analysis of suspects, accused or convicted in connection with the commission of crimes and offenses referred to in Chapters XVI-XIX, XXV and XXXV of the Penal Code. In relation to their adopted a maximum 35 - year period of storage of information to cover all periods of limitation in criminal and prosecution of crimes. Review the information gathered, led by Chief of Police, as administrator of the DNA database every 10 years will ensure the removal of unnecessary data in terms of the collection, for example in case of death of the person.

Mentions that, according to the current legal status (Article 20 of the Law on Police) Police may collect, process and use for detection and identification data on the genetic code, the non-coding regions of the genome. On the basis of the authorization granted in Article. Paragraph 20. 19 of the Law on the Police Chief Police Commander after consultation with the Inspector General for Personal Data Protection, on May 16, 2002. Decree No. 6 issued on the acquisition, processing and use of information by the Police and how their establishment and operation of these collections of information, providing isolation collections of information in police databases for genetic traces of unknown offenders, and this base - called the "genome" has been organized since 2000




  1. Kodeks Postępowania Karnego z dnia 6 czerwca 1997 r. [Code of Criminal Procedure of 6 June 1997], Dz. U. Nr. 89 poz. 555, Arts. 74 & 192a (Pol.).
  2. Ustawa o Policji z dnia 6 kwietnia 1990 r. [Police Act of 6 April 1990], Dz. U. Nr. 30 poz. 179, Arts. 1, 21a to 21e (Pol.).
  3. enacted as Ustawa z dnia 17 grudnia 2004 r. o zmianie ustawy o Policji oraz ustawy - Kodeks postępowania karnego [Act of 17 December 2004 Amending the Police Act and the Code of Criminal Procedure], Dz.U. z 2005 r. Nr 10, poz. 70.