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Table 1 Criteria for the inclusion and removal of profiles in the restrictive group of countries

From: Forensic DNA databases in European countries: is size linked to performance?

Country Criteria for inclusion of profiles Criteria for removal of profiles
Belgium Suspects and individuals convicted of serious crimes (list) Convicted offenders – 30 years after inclusion; profiles in the "criminal investigation" database deleted when no longer needed
France Suspects and individuals convicted of serious crimes (list) Convicted offenders – 40 years after end of sentence or after individuals reach the age of 80; suspects – removed when retention is no longer considered necessary by a law official (or at the request of the party concerned)
Germany Official suspects charged with crimes and individuals convicted of serious crimes or re-offending with other crimes Profiles reviewed 10 years (adults), 5 years (young people) or 2 years (children) after inclusion. Removal of profiles of convicted offenders depends of a court decision
Hungary Convicted offenders and individual suspected of crimes punishable with a sentence of > 5 years (or listed crimes involving lower sentences, such as drug trafficking) Suspects – deleted after acquittal; convicted offenders – 20 after sentence has been served
Ireland Suspects, convicted offenders (crimes punishable with a sentence of > 5 years or specific crimes involving lower sentences) and ex-convicts Profiles of suspects acquitted or not charged removed after 10 years, or 5 years in the case of minors. Convicted offenders – indefinite retention
Italy Individuals arrested, remanded in custody and convicted of premeditated crimes Individuals arrested and remanded in custody – deleted on acquittal; convicted offenders – 20 years after the incident that led to sampling. No profile may be held for more than 40 years
Luxemburg Individuals suspected of any crime (only by order of the court dealing with the case); convicted offenders – included only if sentenced for listed crimes or by order of the solicitor or court dealing with the case Suspects –after acquittal, prescription of the crime or 10 years after death; convicted offenders – 10 years after death
The Netherlands Suspects and individuals convicted of offenses or crimes for which preventative custody is allowed, or by a judicial order. Convicted offenders – 30 years after sentencing if the crime is punishable with > 6 years or 20 after death; 20 years if < 6 years or 12 after death; Suspects and convicted of sexual offenses against minors – 80 years. Retention may be extended in the event of a new conviction; Suspects – DNA profiles are removed if they are not prosecuted or convicted (unless a match is found in the DNA database).
Poland Suspects and convicted offenders (listed crimes) Suspects – deleted after acquittal; convicted offenders – after 35 years
Portugal Individuals convicted of premeditated crimes with an effective prison sentence of 3 years or more, by court order Convicted offenders – until criminal record annulled
Romania Suspects and convicted offenders (listed crimes) Suspects – removed when retention no longer considered necessary by the courts or Public Prosecution; convicted offenders – retained until aged 60 (in the event of the death of the individual, retained for a further 5 years)
Spain Individuals detained and those convicted of serious crimes (list) Individuals detained – data deleted on prescription of crimea; individuals convicted – on date of prescription of criminal record (unless a court order states otherwise)
Sweden Convicted offenders receiving non-financial sentences of over 2 years Suspects – removed after acquittal; convicted offenders – 10 years after sentence served
  1. aThe period of prescription for the crime applies to individuals who are detained and for whom the judicial proceedings do not result in acquittal or conviction.