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If you are located in Enschede and need legal assistance, the criminal lawyers at Derbedrosian Criminal Lawyers are the experts you are looking for. Our lawyers in Enschede have an excellent reputation in the Overijssel region and are ready to help you in your legal case. Sometimes a lawsuit may involve DNA-related issues, such as DNA collection by the police. In such cases, it is important to seek legal advice and possibly object to the DNA collection. This is based on the DNA Screening of Convicted Persons Act. An experienced lawyer in Enschede can assist you with these complex legal processes and protect your rights. Contact the attorneys in Overijssel at Derbedrosian Criminal Law Attorneys for professional legal assistance.

DNA sampling has a major role in solving crimes. DNA traces are often the key to solving crimes of all kinds. Take blood traces on knives of violent crime suspects, for example.

Is DNA sampling mandatory?

If the District Attorney finds that the conditions have been met, you must give up your DNA, and you cannot refuse. If you do not cooperate, you can be arrested, and the collection can even be done under duress. However, you can object to the recording of your DNA profile. There are two exceptions to a DNA collection: if your DNA profile is already known in the DNA database or if it does not make sense to keep your DNA profile for detection of other crimes, given the type of crime and circumstances. For example, for economic crimes, DNA sampling does not make sense because they cannot be solved with DNA.

How does DNA sampling work?

After your conviction, you will receive a letter from the prosecutor about DNA collection. If you are in prison, it will be collected there, otherwise you will be invited to the police station. When collecting DNA samples, it is common to use a cotton swab in the mouth because of its simple and non-invasive nature. However, in situations where oral sampling is not possible for medical reasons, blood or hair may be used as alternative sources. As for who performs the DNA collection, this is usually done by police officers, but it is important to know that you have the right to choose a doctor or nurse to perform this procedure, and this request cannot be denied. This ensures both the integrity of the process and your personal comfort during the procedure.

DNA testing of convicts

If you have been sentenced to prison or community service for an offense for which pre-trial detention is available, the Prosecutor's Office can order date DNA must be given under the DNA Testing on Conviction Act. This applies to adult as well as juvenile convicts.

After a conviction, DNA may be collected according to the DNA Testing of Convicted Persons Act. If you are acquitted or have not received a sentence or measure, no DNA will be taken. DNA sampling can also be done on juvenile convicts.

What happens to your DNA material after collection?

With your DNA, a DNA profile is created and placed in the DNA database. This is used in criminal investigations. When DNA material is found at a crime scene, it is checked to see if it matches a DNA profile in the database.

How long your DNA profile is kept in the database depends on your conviction, sentence and criminal record. For crimes with a maximum prison sentence of six years or more, the profile will be destroyed after 30 years; in other cases, a maximum of 20 years. If you are later acquitted on appeal, your DNA profile will be destroyed immediately.