News item | 4/17/2023 | 2:00 PM
In tackling the problem of untraceable convicts, a bill makes it possible to take cell material from suspects for DNA testing as early as the investigation phase. At present, cell material can only be taken if someone has been convicted of a serious crime. In practice, however, not all of these convicts can be traced. The bill therefore provides that cell material can already be collected after the suspect has been arrested by the police. This cell material is stored securely and may only be used to draw up a DNA profile after a conviction.
Minister Yesilgöz-Zegerius of Justice and Security has it today bill for consultation offered to amend the current DNA Testing of Convicts Act (Wet DNA-V) for this purpose. In recent years, the functioning of the DNA-V Act has been discussed with the House of Representatives on several occasions. The wish was expressed to be able to collect cell material at an earlier stage of the criminal process. This happened in particular in response to the reports of the Hoekstra Committee. This commission was set up after the tragic murder of two persons by Bart van U.; namely former minister Els Borst and his sister Loïs. It turned out that no cell material had been taken from Bart van U. after a previous conviction in 2012, while this should have been done according to the law.
In recent years, research has been conducted into the possibilities and preconditions for taking cell material at an earlier stage of the criminal process. Improvements have also been made in the implementation of the DNA-V Act by the chain partners involved, including the Public Prosecution Service (OM), the police and the Netherlands Forensic Institute (NFI). The vast majority of the identified convicts are tracked down. In some cases, however, it turns out to be difficult to obtain cell material, especially from the group of convicts without a known address.
DNA database
More than 10 percent of those convicted are now wrongly kept out of the picture, as a result of which their profile does not end up in the DNA database. According to researchers, this is hardly, if at all, due to the way in which the law is implemented, but has to do with the fact that they cannot be found, or that they are out of reach of the police and judicial authorities abroad. With the proposed amendment to the law, the procedure will be adjusted in such a way that cell material will not be collected until someone has been convicted. The police will take cell material if the suspect is still in the picture. This concerns every arrested suspect who is still suspected of a serious crime after interrogation or after the detention has ended.
DNA profile at conviction
Although cell material is taken at an earlier stage, this does not mean that it can be used directly for DNA research. The other powers in the DNA-V Act will not be expanded. After collection, the cell material is stored in a separate secure environment. The past few years have been used, among other things, for research into the preconditions and possibilities for building this secure environment. This can be further organized on the basis of the legal treatment.
As stipulated by the DNA-V Act, the collected cell material may only be used to draw up a DNA profile after a conviction, if the public prosecutor has issued an order to do so. If the person concerned can no longer be regarded as a suspect, the cellular material will be destroyed. It is expected that the new working method will actually enable a DNA profile to be included in the database for virtually every convicted person whose profile must be included in the DNA database.