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 |