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LEGAL ACTS OF THE REPUBLIC OF LATVIA

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Republic of Latvia

Cabinet
Regulation No. 620
Adopted 23 August 2005

Procedures for the Provision of Information to be Included in the National DNA Database, as well as the Collection of Biological Material and Biological Traces

Issued pursuant to
Section 13, Paragraph one of
the Law On Development and
Use of the National DNA Database

1. This Regulation prescribes the procedures by which biological material and biological traces shall be collected and how information shall be provided to the Forensic Department of the State Police (hereinafter - Forensic Department) for the inclusion thereof in the National DNA Database.

2. Biological material shall be collected from close relatives of missing persons, suspects, accused persons, persons on trial or persons convicted for committing a criminal offence and from victims (hereinafter - sample donors), as well as from unidentified dead bodies and from dead bodies of persons who have died a violent death.

3. Biological material shall be collected from a victim with the permission of the person.

4. Biological material to be collected from sample donors shall be saliva. Saliva shall be collected, using a kit for the collection of biological material, which upon a request shall be issued by the Forensic Department.

5. When collecting biological material from sample donors, a biological material collection deed (Annex 1) shall be drawn up in three copies.

6. One copy of the biological material collection deed shall be issued to the sample donor, the second shall be attached to the materials of the incident, the investigatory record file or the criminal matter, the third copy together with the collected comparative sample shall be handed over to the Forensic Department.

7. A health care practitioner who performs a forensic medical examination (autopsy) of an unidentified dead body and a dead body of a person who has died a violent death, shall collect and prepare biological material for sending to the biological material archives of dead bodies (hereinafter - archives) at the Latvia State Centre for Forensic Medical Examination (hereinafter - Centre).

8. The employee who has the criminal matter or the material of investigation in his or her record-keeping, shall ensure delivery of the biological material to the archives.

9. On the basis of a decision, an employee of the archives shall issue the biological material of dead bodies from the archives together with the information regarding the dead body for inclusion in the National DNA Database. The referred to information shall be issued to an employee of inquiry, of the Prosecutor's Office or court, who has the material of investigation or the criminal matter in his or her record-keeping. When taking biological material from the archives, the person conducting the inquiry process shall draw up a deed regarding the collection of biological material from unidentified dead bodies and dead bodies of persons who have died a violent death (Annex 2) for inclusion in the National DNA Database in three copies.

10. One copy of the deed regarding the collection of biological material from unidentified dead bodies and dead bodies of persons who have died a violent death shall be issued to the Centre, the second one shall be attached to the materials of the incident, the investigatory record file or the criminal matter, the third copy together with the collected biological material shall be handed over to the Forensic Department.

11. When collecting biological traces or items from the place of residence of a missing person, a deed (Annex 3) shall be drawn up in two copies.

12. One copy of the deed regarding the collection of biological traces from the place of residence of a missing person shall be attached to the materials, which are related to the search for the person (hereinafter - search file), the second copy together with the collected biological traces or items shall be handed over to the Forensic Department.

13. Biological traces at the scene of a criminal offence, from the clothing of a victim or a suspect, from a dead body, as well as other material evidence shall be collected according to the procedures prescribed in the Criminal Procedure Law.

14. Biological material and biological traces, as well as information for inclusion in the National DNA Database shall be submitted to the Forensic Department within 15 days after collection of the biological material and biological traces.

15. Until 1 August 2007 biological material shall be collected:

15.1. from persons who have been sentenced to deprivation of liberty and are in a place of imprisonment;

15.2. in criminal matters, in which pre-trial investigation take place, from victims with their permission, as well as from suspects or accused persons.

16. Until the establishment of the archives the functions thereof shall be performed by the Centre.

Prime Minister A. Kalvītis

Minister for the Interior Ē. Jēkabsons

Annex 1
Cabinet Regulation No. 620
23 August 2005

Biological Material Collection Deed for Inclusion Thereof in the National DNA Database

1. The procedural status of the sample donor (mark as appropriate with an x):

close relative of the missing person

suspect

accused person

person on trial

convicted person

victim

2. Sample donor
	(given name, surname in block letters)

personal identity number - ,

(if a personal identity number is not available, indicate the date of birth)

3. Nationality and type thereof ______________________________

4. Reference number of the criminal matter, material, incident ________________________

5. Type of criminal offence
	(need not be completed, if the sample donor is a close relative of the missing person)

6. Institution, which has the materials of the incident, the investigatory record file or the criminal matter in the record-keeping thereof ______________________________________

7. Sample registration number __________________________________________________

8. Date when the sample was collected ___________________________________________

The deed has been drawn up in triplicate. One copy has been issued to the sample donor, the second copy has been attached to the criminal matter or the material of investigation, the third copy together with the comparative sample has been submitted to the Forensic Department.

9. Sample donor
	(signature and full name)

If the sample donor is the victim, then he or she shall certify with a signature that the biological material has been collected with his or her permission and that the victim has been informed that it will not be stored in the National DNA Database.

10. The comparative sample was collected by
	(institution, position,

signature and full name)

11. The deed was completed by
	(institution, position,

signature and full name)

Minister for the Interior Ē. Jēkabsons

Annex 2
Cabinet Regulation No. 620
23 August 2005

Deed Regarding the Collection of Biological Material from Unidentified Dead Bodies and Dead Bodies of Persons who have Died a Violent Death for Inclusion Thereof in the National DNA Database

1. The registration number for recording of the incident of finding an unidentified dead body or dead body of a person who died a violent death (hereinafter - dead body) ______________

2. The place where the dead body was found
	(address)

3. Institution, which has the material of the incident, the investigatory record file or the criminal matter in the record-keeping thereof ______________________________________

4. The registration number _____ and date ______ for the dead body in the Death Register of the Forensic Division of Thanatology of the Latvia State Centre for Forensic Medical Examination

5. The official who collected biological material from the dead body during the autopsy

(institution, position,

signature and full name)

6. The registration number _______ and date _______ for the biological material from the dead body in the biological material archives

7. Type of biological material of the dead body (blood, muscle, bone or other tissues) ______

8. Date when the biological material was collected __________________________________

9. The deed has been drawn up in triplicate. One copy has been issued to the Latvia State Centre for Forensic Medical Examination, the second copy has been attached to the materials of the incident, the investigatory record file or the criminal matter

(institution, which has the criminal matter or the material of investigation in the record-keeping thereof)

the third copy together with the biological material has been submitted to the Forensic Department.

10. Biological material was issued by
	(institution, position,

signature and full name)

11. Biological material was collected by
	(institution, position,

signature and full name)

12. The deed was completed by
	(institution, position,

signature and full name)

Minister for the Interior Ē. Jēkabsons

Annex 3
Cabinet Regulation No. 620
23 August 2005

Deed Regarding the Collection of Biological Traces from the Place of Residence of a Missing Person

1. Search material No. ____________________________________________________

2. Given name, surname of the missing person __________________________________

and personal identity number -

(if a personal identity number is not available, indicate the date of birth)

3. Collected items/collected biological traces

____________________________________

4. Items biological traces were collected		at
	(address)

on __ __________ 200_

5. Name of the institution, which has the search file in the record-keeping thereof _________

___________________________________________________________________________

6. The deed has been drawn up in two copies. One copy has been attached to the search file

(name of the institution, which has the material of the search file in the record-keeping thereof)

the second copy together with the collected biological traces has been submitted to the Forensic Department.

7. The biological traces items were collected by
	(institution, position,

given name, surname, signature)

8. The deed was completed by
	(institution, position,

given name, surname, signature)

Minister for the Interior Ē. Jēkabsons

Document information

Title: Status:

in force Issuer: Cabinet of Ministers Type: Document number: 620Adoption: 23.08.2005.Entry into force: Publication: Latvijas Vēstnesis, 135, 26.08.2005.

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