Romania

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Overview

Romania established its national DNA database in 2008. The database contains the genetic profiles, personal data, and investigation data for persons suspected or convicted of crimes certain crimes, unidentified crime scene stains, genetic profiles of unknown bodies, missing persons, or persons suspected of having died in natural disasters, acts of mass murder and acts of terrorism. A written court order is required to collect DNA from suspects; persons convicted of certain crimes are required to submit to DNA analysis. Suspects’ DNA profiles are kept on the database until the investigating authority or a court orders their deletion. DNA profiles of convicted persons are retained until they reach the age of sixty. If they die before reaching sixty, their profile is deleted five years after their death. The 2008 Interpol survey reports that 38 crime scene DNA profiles and 7,000 individuals' profiles were held in Romania at the time of the survey. According to Interpol, Romania's DNA database grew to 8,000 reference DNA profiles from individuals in 2011. A DNA database legislation had been adopted at that time.

External links

Press articles

Detailed Analysis

I. Law on Point

Law No 76/2008 establishes the National System of Judicial Genetic Data (hereinafter “SNDGJ”).[1]


II. Entry Criteria

The SNDGJ contains the genetic profiles, personal data, and investigation data for persons suspected or convicted of crimes cited in the appendix,[2] unidentified crime scene stains,[3] genetic profiles of unknown bodies, missing persons, or persons suspected of having died in natural disasters, acts of mass murder and acts of terrorism.[4]


The SNDGJ is comprised of a set of independent subunits in which is stored information used for the purposes specified in Art. 1, namely: “to prevent and control certain categories of crimes which seriously harm the fundamental rights and freedoms of individuals, especially the right to life and physical and mental integrity, and to identify unidentified corpses, persons missing or deceased in natural disasters, accidents, mass murder offenses, or acts of terrorism.”[5] The SNDGJ includes three sub-databases: (1) the personal database, (2) the investigation database, and (3) the DNA profiles database.[6] The personal database contains the personal data of persons that could be perpetrators, instigators, or accomplices of crimes contained in the appendix.[7] The personal database also includes the personal data on individuals incarcerated for crimes listed in the appendix.[8] The investigation database contains information relating to crimes and other data of interest to police, including profiles derived from crime scene stains that have been identified as belonging to a specific person.[9] The DNA profiles database contains the genetic profiles of individuals included on the personal database as well as those derived from unidentified crime scene stains.[10]


III. Sample Collection

Romanian law permits taking DNA samples from innocent persons whose genetic material my inadvertently be found at a crime scene (e.g. in a public place) as well as the victims of crimes for the purpose of excluding them from suspicion—provided such samples are collected with the individual’s consent.[11] Genetic profiles derived from these samples will be verified by comparison to the SNDGJ only the purpose for which sample was taken, but will not be stored in any of the databases.[12]


Romanian law requires that biological samples be collected via buccal swab or the “noninvasive” collection of facial epithelial cells.[13] The law provides that all said biological samples are to be collected subject to the written request of the investigating prosecutor or the court. In the case of minors, the consent of a legal guardian or court order is required.[14]


An order of conviction for any of the crimes listed in the appendix functions also as an order for the collection of a biological sample from the convicted person and the inclusion of the DNA profile derived from that sample in the SNDGJ.[15]


IV. Removal Criteria

The genetic profiles of suspects are retained on the database until the investigating prosecutor or a court of competent jurisdiction orders their deletion.[16] The genetic profiles of persons convicted of crimes listed in the appendix are retained until they reach the age of sixty. If said persons die prior to age sixty, their profiles are kept for five years after their death.[17] Genetic profiles derived from unidentified crime scene stains or taken from unidentified bodies or missing persons are kept until identified or for twenty five years after their entry onto SNDGH.[18]


V. Sample Retention

The biological samples collected from persons suspected or convicted of any offense enumerated in the appendix are retained as long as the law permits that the genetic profiles derived therefrom be kept.[19]


VI. Database Access

The authority responsible for processing the data contained in SNDGJ is the Forensic Institute of the Romanian Police General Inspectorate (hereinafter “Romanian Forensic Institute”), itself a subdivision of the Ministry of the Interior and Administrative Reform. The Romanian Forensic Institute is the custodian and manager of SNDGJ[20] The Romanian Forensic Institute is structured in such a way so that access to the different databases is restricted to different personnel, among which communication is tightly controlled.[21] The processing of personal data entered in SNDGJ shall be subject to the Law no. 677/2001 on the protection of personal data.[22]


Law No. 76/2008 forbids the use of biological samples taken pursuant thereto for any purposes other than those specifically enumerated therein.[23] Said biological samples may only be subject to analysis that yields genetic profiles that do not contain health data or any other personal information that may affect the right to intimate and familial relations and personal integrity.[24]


References

  1. Lege nr. 76/2008 privind organizarea si functionarea Sistemului National de Date Genetice Judiciare [Law No. 16/2008 Establishing the National Judicial System of Genetic Data] [M.O.1] nr. 289 of 14 April 2008. See Id., Art. 1.
  2. Supra note 291, Art. 4(1)(a) & (1)(b).
  3. Supra note 291, Art. 4(1)(c)
  4. Supra note 291, Art. 4(1)(d)
  5. Supra note 291, Art. 1.
  6. Supra note 291, Art. 2(c).
  7. Supra note 291, Art. 2(d); Art. 4(1)(a). As noted, the police may take biological samples from persons suspected of crimes cited in the appendix to Law No. 76/2008. See Supra note 291, Art. 3. The appendix lists the following crimes: (1) Crime of murder, provided by art. 174 of the Criminal Code; (2) Crime of murder qualified, provided by art. 175 of the Criminal Code; (3) Particularly serious crime of murder, provided by art. 176 of the Criminal Code; (4) The crime of infanticide, provided by art. 177 of the Criminal Code; (5) Crime of murder of guilt, provided by art. 178 of the Criminal Code; (6) Crime or of facilitating the determination of suicide, provided by art. 179 of the Criminal Code; (7) The offense of the injury, provided by art. 181 of the Criminal Code; (8) Felony serious injury, provided by art. 182 of the Criminal Code; (9) Impactor crime causing death or injury, provided by art. 183 of the Criminal Code; (10) The fault personal injury crime, provided by art. 184 of the Criminal Code; (11) Offense of deprivation of liberty unlawfully, provided by art. 189 of the Criminal Code; (12) Crime of slavery, provided by art. 190 of the Criminal Code; (13) Crime of rape, provided by art. 197 of the Criminal Code; (14) Crime of sexual intercourse with a minor, provided by art. 198 of the Criminal Code; (15) Offense of sexual perversion, provided by art. 201 of the Criminal Code; (16) Sexual corruption offenses, provided by art. 202 of the Criminal Code; (17) Crime of incest, provided by art. 203 of the Criminal Code; (18) Offense of robbery, provided by art. 211 of the Criminal Code; (19) Crime of torture, provided by art. 2671 of the Penal Code; (20) Offense of failure of the system of nuclear material or other radioactive materials, provided by art. 2791 of the Penal Code; (21) Offense of failure of the regime of explosive materials, provided by art. 280 of the Criminal Code; (22) Minor crime of ill treatment, provided by art. 306 of the Criminal Code; (23) Propaganda for war crime, provided by art. 356 of the Criminal Code; (24) Crime of genocide, provided by art. 357 of the Criminal Code; (25) Crime of inhumane treatment, provided by art. 358 of the Criminal Code; (26) Felony destruction of property and ownership objectives, stipulated in art. 359 of the Criminal Code; (27) Crime of destruction, pillage or acquiring cultural values, provided by art. 360 of the Criminal Code; (28) Terrorism provisions of Law no. 535/2004 on preventing and combating terrorism; (29) Crimes mentioned in art. 2, 3, 10 and 12 of Law no. 143/2000 on combating illicit drug trafficking and consumption, with subsequent modifications; and (30) Offense referred to in Art. 22 para. (3) of Government Emergency Ordinance no. 121/2006 on the legal regime of drug precursors, approved with modifications by Law no. 186/2007.
  8. Supra note 291, Art. 2(d); Art. 4(1)(b).
  9. Supra note 291, Art. 2 (e).
  10. Supra note 291, Art. 2(f).
  11. Supra note 291, Art. 4(3).
  12. Supra note 291, Art. 4(4).
  13. Supra note 291, Art. 5(1).
  14. Supra note 291, Art. 5(2) to 5(5).
  15. Supra note 291, Art. 7.
  16. Supra note 291, Art. 13(1) to (2).
  17. Supra note 291, Art. 14
  18. Supra note 291, Art. 16
  19. Supra note 291, Art. 17.
  20. Supra note 291, Art. 9(1).
  21. Supra note 291, Art. 9(2).
  22. Supra note 291, Art. 9.(6)
  23. Supra note 291, Art. 10.
  24. Supra note 291, Art. 12.