In order to establish the identity of the suspect the police authorities may take his photograph, take his fingerprints, and enter the data on the identity into the appropriate data collections. In order to establish the identity of the suspect the police authorities may, upon the approval of the State Attorney, publish the suspect's photograph.
Non-intimate samples may be taken from the suspect for a criminal offence for which a punishment of imprisonment is prescribed even without his/her consent for molecular genetic analysis necessary for the purpose of identification. If it is necessary to determine whose fingerprints or prints of other body parts are found on individual objects, such prints may be taken from persons who are likely to have been in the position of getting into contact with such objects.
The authority conducting the proceedings may order a molecular genetic analysis if aprobability exists that data important for proving the criminal offence would be obtained by such analysis.
The competent authority may order a molecular genetic analysis in order to compare biological traces taken from the place of commission of the crime or another place where there are traces of a criminal offense with biological samples taken from the defendant, victim and/or another person or to establish identity specific person or in order to compare these traces or samples with the results of molecular genetic tests obtained under Law on Criminal Procedure or other laws.
For the described purpose samples of biological material will be taken: from the place of commission and another place where there are traces of the criminal act; from the defendant;from the victim; from another person.
The competent body is obliged to warn the person whose samples are taken that the data will be molecularly and genetically analyzed and stored.
The body that before the start of the procedure conducts a search, temporary confiscation of objects, investigation or other evidentiary action can only conduct sampling of biological material from the place where the crime was committed and other places where there are traces of the crime.
Taking samples of biological material from the defendant and molecular genetic analysis of these samples is ordered by the state attorney's office.
Before signing the consent, these persons will be instructed about the purpose of taking the sample and its use for the purpose of molecular genetic analysis. If they are unable to give consent or refuse to give it, the court may order the taking of biological material from those persons and the molecular genetic analysis of those samples at the suggestion of the state attorney.
Molecular genetic analysis is entrusted to an expert. The test material is submitted to him in an anonymized form. Data from molecular genetic tests can be associated with a specific person only to the extent that it is necessary to fulfill the purpose of the test itself.
Tested material belonging to mentioned persons may be used and processed only until joining the trail or establishing identity or origin is ruled out, and then destroyed, unless something else is prescribed by law.
If it is necessary to determine the origin of fingerprints or prints of other parts of the body, on certain objects, these prints can be taken from persons who are likely to have come into contact with these objects.
The aforementioned prints may be taken without the consent of a person who is likely to have come into contact with certain objects and may be used and processed only until joining the trail or determining identity or origin is ruled out, and then they are destroyed, unless something else is not prescribed by law.
Onwards, prints taken from the defendant who was later convicted in the criminal proceedings are kept for twenty years after the end of the criminal proceedings. Exceptionally, if it is a criminal offense for which a prison sentence of ten years or more is prescribed, or if it is a criminal offense against sexual freedom for which a prison sentence of more than five years is prescribed. They can be kept for a maximum of forty years from the end of the criminal proceedings. Prints taken from a defendant who later in the criminal proceedings was legally acquitted, or the proceedings were suspended, or the charges were rejected, will be destroyed immediately after the conclusion of the proceedings.Prints found at the scene that are not associated with a specific person are kept permanently.