Let the judge or court decide
If they are convicted of the commission of a serious crime against life, personal integrity, freedom, sexual freedom or indemnity, terrorism, or any other serious crime that entails a serious risk to life, health or the physical integrity of persons, when from the circumstances of the event, background, assessment of their personality, or other available information it can be assessed that there is a relevant danger of criminal repetition, the judge or court may agree to take biological samples of his person and carrying out analyzes to obtain DNA identifiers and register them in the police database. Only the necessary analyzes may be carried out to obtain identifiers that exclusively provide genetic information revealing the identity of the person and their sex. If the affected person objects to the collection of the samples, their forced execution may be imposed by resorting to the minimum coercive measures essential for their execution, which must in all cases be proportionate to the circumstances of the case and respectful of their dignity.
Article 129 bis of the Penal Code Can I refuse these collections? Yes and no. At first they will request the collection voluntarily. Now, if you object, the judicial authority may agree that they are forcibly obtained through essential minimum coercive measures, which must always be respectful of the dignity of the person and proportionate to the circumstances. What data is stored? The data that is stored are DNA identifiers that DM Databases exclusively provide genetic information revealing the identity and sex of the person. However, Order I also states that genetic information revealing the ancestry and external physical traits of the person may be incorporated. Doubtful samples -stains- (it is not known who the genetic material belongs to) or undoubted samples -people- (it is known who the genetic material belongs to) can be stored. Where is the data recorded? The data is recorded in the police database on DNA indicators called the INT-SAIP File .
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It is not the same database as that of missing persons and identification of corpses (INT-FÉNIX File). DNA data is incorporated into the database completely anonymized: each is assigned an identification number (called “Specimen ID”) without any personal reference. Who has access to this information? Only the Judicial Police Units of the State Security Forces and Bodies (Civil Guard and Police), Judicial Authority and Fiscal Authority will have access to the data registered in the database. These data may also be transferred to: The National Intelligence Center. Regional Police with powers in Citizen Security. Police, Judicial or Fiscal Authorities of third countries, or international organizations under applicable international treaties. How long is the data obtained kept? These data may not be kept for a period longer than: The statute of limitations of the crime investigated. The period for cancellation of criminal records , when there is a final conviction or acquittal (due to lack of imputability or guilt), unless a judicial resolution to the contrary is made.
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