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DNA test to be legalized in Holland

01 January 1992

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Persons suspected of having committed a crime, punishable with 8 years or more imprisonment, can in the future be forced to allow a blood sample to be taken for a DNA test. With this test it will be possible to establish whether the genetic material from blood, sperm, hairs or skin particles found at a scene of crime matches a suspect's unique DNA code. If sufficient DNA material is available, suspects are allowed counter-expert's assessment at their own cost.

The Dutch Supreme Court (Hoge Raad) ruled in July 1990 that a suspect can not be forced to allow a doctor to take a DNA test, since there was no specific law in which this violation of physical integrity is regulated. A commission (Commissie-Moons) concluded later that year that European treaties would not form a barrier to such legislation. Subsequently, Minister of Justice Mr Ernst Hirsch Ballin sent a bill to parliament at the beginning of December.

The bill is likely to be amended, since there is no provision for privacy safeguards with regard to further use of the DNA material or the data derived from it. However, a majority in parliament is expected to endorse the bill.

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