Slovakia

From FDNAPI Wiki
Jump to: navigation, search

The 2008 Interpol survey reports that 3,400 crime scene DNA profiles and 8,370 individuals' profiles, plus 29 missing persons' DNA profiles and 267 unknown/deceased DNA profiles were held in Slovakia at the time of the survey. According to Interpol, Slovakia's DNA database grew to 6,000 crime scene DNA profiles, 25,500 reference DNA profiles from individuals, 14 missing persons' DNA profiles, 325 unidentified human remains DNA profiles, plus 456 other DNA profiles in 2011. A DNA database legislation had been adopted at that time.

Resources

Detailed analysis

The Act n. 417/2002 -Use of DNA analysis for identification of persons[1]

Persons condemned to punishment other than a fine, all suspects, if warranted by possible prison sentence, and all crime scene stains[2]

There are no restrictions to the entry of DNA profiles which are derived from unidentified crime scene stains. The DNA profiles of crime suspects and convicted offenders can be entered into the database when they are suspected or convicted of any recordable offence.

There are no restrictions to the collection of DNA samples from crime suspects, convicted offenders and unidentified crime scene stains. The taking of a DNA sample from minors and mentally ill persons is only allowed when this is necessary for the search for missing persons.

Convicted persons’ profiles are retained for ten years after conviction, suspects’ profiles are removed upon their acquittal, and crime scene stains are kept until they are identified, when the underlying case is solved, or after fifteen or thirty years depending on the severity of the underlying offense[3]

According to the provisions in § 69 (6) and § 69 (7) of the amended Act on the Police Force of the Slovak republic, any data (including DNA profiles) should be destroyed without undue delay if the police do not need these data for the fulfilling of its tasks. Police officials are obliged to check at least once within three years whether storage of these data is still necessary. Based on the purpose of the DNA profiles which are derived from crime scene stains, it can therefore be concluded that these DNA profiles are stored in the database until a match is made. DNA profiles of convicted offenders must be removed hundred years following the birth of the individual. This provision is also valid for the profiles of persons who could not be prosecuted due to a non compos mentis state at the time of committing the crime or who can not be prosecuted due to insanity. The DNA profiles of crime suspects must be removed upon acquittal.

All samples must be destroyed “as soon as possible”[4] [GET QT FROM LAW]

The DNA samples of convicted offenders can be retained. Those of crime suspects must be destroyed upon acquittal.

The Forensic Institute

The database administrator and the DNA analysts have access to all information contained in the database (surname, given names, birth date and place of birth, personal no. or passport number (foreign nationals), resident address, nationality, other data characterizing the person). Police officials and judicial officials only have access to the results of the comparisons that are made between the various DNA profiles. DNA profiles can be exchanged with the other EU Member States through Interpol.

CODIS v5.7 Software




  1. E.U. 9445/1/06 at 8.
  2. See EU Current Practices at 74.
  3. See EU Current Practices at 75.
  4. See EU Current Practices at 75.