DNA Testing in Criminal Cases Decree
in forceDNA sampling and storage rules
In this Decree and the provisions based thereon, the following definitions shall apply:
The offences referred to in Article 151a, paragraph 3, of the Act, in respect of which the assistant public prosecutor is authorised to conduct a DNA…
The following are designated as externally observable personal characteristics of an unknown suspect or an unknown victim to which a DNA…
The suspect, the person referred to in Article 14, paragraph 4, under g, or the third party who is requested to consent in writing to the collection…
The taking of buccal mucosa, blood or hair roots for the purpose of a DNA investigation of a suspect pursuant to an order as referred to in Article…
When collecting buccal mucosa, blood or hair roots from a person as referred to in Article 2 or Article 3, an investigative officer or a person as…
After an investigative officer has secured cellular material from an unknown suspect or has collected it from a seized object, an investigative…
If an investigating officer has secured cellular material from an unknown suspect or has seized an object on which cellular material of that person…
The laboratory to which the expert performing the DNA analysis is affiliated shall, immediately upon receipt of the cellular material with which that…
If the DNA analysis is to be performed in a laboratory other than the laboratory that received the cell material, the receiving laboratory shall…
DNA analysis shall be performed in the laboratory of an institute that has been accredited for this purpose by the Dutch Accreditation Council (Raad…
The expert shall perform the DNA analysis within the time limit set by the public prosecutor, the assistant public prosecutor, or the examining…
The expert shall draw up a report of the results of the DNA investigation and shall sign the report.
If the DNA analysis referred to in Article 151a, paragraph 6, first sentence, or Article 195b, paragraph 1, first sentence, of the Act is to be…
The part of the costs, as referred to in Articles 151a, seventh paragraph, and 195b, second paragraph, of the Act, to be charged to the suspect for…
After the conclusion of a DNA investigation, the institute shall retain the remaining cellular material, as referred to in Article 10, paragraph 3…
There is a DNA database for criminal cases which has the purpose of promoting the prevention, detection, prosecution and trial of criminal offences…
Direct access to the DNA database is granted to:
If a laboratory other than the laboratory of the institute intends to terminate its activities in the field of forensic DNA research, that laboratory…
The institute shall destroy the DNA profile of a suspect immediately, as soon as a circumstance arises which entails that he can no longer be…
The Judicial Information Service shall notify the institution of a circumstance as referred to in Article 16, paragraph 1.
The institute shall destroy the DNA profile of a suspect or a convicted person:
The institute shall destroy the DNA profile of a former suspect.
The institute shall destroy the DNA profile of a deceased victim:
The institute shall, upon the destruction of the DNA profile of a person as referred to in Article 18, 18a or 18b, also immediately destroy the data…
The Decree on DNA Investigations (Besluit DNA-onderzoeken) is repealed.
This decree shall enter into force at the time at which the Act of 5 July 2001 amending the regulations regarding DNA testing in criminal cases…
This decree shall be cited as: Decree on DNA testing in criminal cases.