Regulations of the Law of the National DNA Database System

The Regulation of the Law of the National DNA Database System is approved with the purpose of organizing, structuring, and regulating the use, handling, administration, and operation of the National DNA Database System by the Directorate of Forensic Medicine; allowing compliance with the purpose of collecting, storing, and systematizing genetic information obtained and generated in accordance with cases determined by said Law in order to enter genetic profiles into the DNA databases that comprise it to facilitate the clarification of facts subject to criminal, civil, or humanitarian investigation, in accordance with what the Law determines.

OBJECTIVE. This Regulation has as its objective to regulate the handling, use, administration, and operation of the National DNA Database System. References hereinafter made to the term "Law" shall be understood to refer to Decree No. 57-2023, containing the Law of the National DNA Database System. References to the term "Directorate" shall be understood to refer to the Directorate of Forensic Medicine, references to the term "registries" or "databases" shall be understood to refer to the DNA Databases; likewise, any reference to the term "System" shall be understood to refer to the National DNA Database System.

PURPOSE. The National DNA Database System has as its purpose the storage and use of DNA profiles generated from biological samples for purposes of criminal investigation, civil investigation, and/or humanitarian investigation, quality control and comparison with other DNA profiles generated to conduct searches and potentially find matches and/or associations that serve as investigative leads and/or confirmation.

NON-COMPLIANCE WITH REGULATIONS. The official or employee of the Public Ministry who, departing from the law, institutional policies, internal regulations, principles, and values that govern the institution, carries out activities through family interest, enmity, particular friendship, economic, political, or sectarian advantage, or any other kind, shall be held personally responsible, not only in the disciplinary sphere, but also in criminal, civil, or administrative matters as corresponds, for damages and losses that may be caused.

INTERPRETATION OF THE REGULATION. This regulation shall be interpreted in an integral and complementary manner, considering at all times the connection of its content to the law and regulations in force in the institution, compliance is mandatory and non-compliance shall give rise to corresponding responsibilities.

AUTHORITY TO EXECUTE AGREEMENTS. Only the General Fiscal of the Republic, as the Maximum Institutional Authority, the fiscal official delegated by his person or that one vested with such authority in accordance with the Law, may execute agreements with public or private entities, national or international, that obligate the institution in legal and proper form. In accordance with the purposes of the Law in the clarification of criminal, civil, and/or humanitarian investigations, agreements may be executed that allow the exchange of information in accordance with the Law.

ACCESS AND ADMINISTRATION OF THE NATIONAL DNA DATABASE SYSTEM. The access, use, and administration of the National DNA Database System is exclusive to the Public Ministry through the Directorate of Forensic Medicine.

PHYSICAL ACCESS TO THE SEROLOGY AND GENETICS LABORATORY. It is prohibited that employees, officials, and personnel enter without authorization and registration to the areas of the Serology and Genetics Laboratory; therefore, it must have controls with fingerprints registered in biometric terminals of authorized personnel. The Director of Forensic Medicine is responsible for designating authorized personnel. For entry to analysis areas, mandatory use of the specific required attire is necessary; therefore, at the access door to the area, there must be warnings, obligations, and restrictions that must be complied with prior to entry to the area.

UNITY OF ACTIONS AND HIERARCHICAL DEPENDENCY. It is the authority of the General Fiscal of the Republic to issue to all personnel the mandates and instructions convenient to the service, whether of a specific or general character, which may be issued through agreements, circulars, and/or resolutions to each official or employee delegated; having analogous authorities the Directors, Chiefs of Division, Chief Prosecutors, officials or administrative employees in charge of directing each institutional body, provided that in their proceedings they do not exceed the limits of the delegation that has been conferred upon them, thus strictly adhering to the Constitutional mandate that determines institutional ownership in the figure of the General Fiscal of the Republic and with this the hierarchical dependency of its officials and employees before their superior leadership, as the sole legal representative of the Public Ministry.

PRINCIPLES. Forensic experts assigned to the Serology and Forensic Genetics Laboratory, involved in processes related to the National DNA Database System, in addition to the principles contemplated in the Law of the Public Ministry, Law of the National DNA Database System, the Special Regulation of Organization and Operation of the Directorate of Forensic Medicine, and other applicable institutional regulations, shall be governed by the following principles: I. Data Privacy: The privacy of interested persons and the confidentiality of information concerning them shall be respected. Information shall not be used or disclosed for purposes other than those determined in the law and in this regulation, its collection or the purpose of consent in accordance with international law, in particular that relating to Human Rights. II. Confidentiality: The information contained in the DNA databases may only be directly consulted by the person or authority that is legally authorized to use the information and in the cases established in the law and in this regulation.

CRITERIA AND DEFINITIONS. For the purposes of this regulation, in addition to those determined by the Law, the Special Regulation of Organization and Operation of the Directorate of Forensic Medicine, and other applicable institutional regulations, the following shall be understood as: 1. Genetics: Genetics is the science that deals with the study of the structure and function of genes in different organisms, as well as the behavior of genes at the population level. 2. Forensic Genetics: Forensic genetics is defined as the use of special molecular techniques employed as a tool for the identification of individuals and support for the resolution of legal cases based on the analysis of Deoxyribonucleic Acid - DNA. 3. Serology and Genetics Laboratory: Assigned to the Department of Criminalistics Laboratories and Forensic Sciences, which has as its purpose the performance of physical, chemical, microscopic, serological analyses including among others the analysis of genetic samples and the identification of individuals through genetic information and maintain records of DNA profiles for criminal, civil, and humanitarian investigations. 4. Chain of Custody: It is a set of transparent procedures and properly documented to which evidence located at the site of a criminal event or related to it is subject, while it transits through different moments, places, and conditions, until it is legitimately presented as evidence in criminal proceedings, being essential for the criminal process, to ensure that elements used as evidence during criminal proceedings have not been altered and are those obtained at the scene, packaged, analyzed, and held in storage or secure spaces. 5. STR: Short DNA sequences, normally with a length of 2 to 5 base pairs, that repeat many times consecutively. 6. INDU BITABLE: Biological remains of known origin, that is, it is known with certainty to whom they belong. Blood samples taken from a corpse during the necropsy process are an example of this type of sample. 7. DUBITABLE: Biological remains of unknown origin, that is, it is not known to whom they belong. Among this type of samples are those collected at the crime scene. It also refers to evidence that, although the person to whom it was taken is known, there is the possibility that there is biological material from at least one other unknown person, for example, vaginal swabs taken during medical examinations. 8. CODIS: Computer program that contains local, state, and national databases of DNA profiles of convicted persons, DNA profiles of evidence found at the scene of the facts, and DNA profiles of missing persons. 9. Evidence: available set of facts or information that indicates whether a belief or proposition is true or valid. 10. Legal Representative: Person to whom, by legal provision, corresponds to act on behalf of another natural or legal person. 11. User: Person who uses a product or service on a regular basis. In this context we can mention 2 types:

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  Operational Users: Those who feed information and data so that the functions of the system work appropriately.

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  Supervisory Users or Administrators: They manage and administer the access and/or privileges of other users, making the operation efficient. 12. Population Study: Study of a group of individuals belonging to the general population that share certain characteristics such as sex, age, or health status. 13. Sample Taking: Specialized procedure that consists of obtaining one or more biological specimens. 14. Genetic Profile Comparison: Comparison of genetic profiles. An example is the CODIS system:

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  Fast and non-invasive method: A buccal swab. Thus, the data is added to the respective Genetic Fingerprint Registry. When there is a criminal event and genetic material is found, this is compared by the CODIS system with those samples that exist in the database. If a "match" (match) occurs, a fundamental piece of evidence is obtained for the resolution of the case.

OF THE SEROLOGY AND FORENSIC GENETICS LABORATORY. For the purposes of compliance with the Law and this regulation, the Serology and Genetics Laboratory assigned to the Department of Criminalistics Laboratories and Forensic Sciences dependent on the Directorate of Forensic Medicine of the Public Ministry of Honduras, in addition to its objective of creation determined in the Special Regulation of Organization and Operation of the Directorate of Forensic Medicine, shall have the following functions: I. To store, classify, and compare the results of genetic profile analysis obtained from samples, evidence, exhibits, crime scene, and/or living and/or deceased persons within the context of expert examination for purposes of criminal, civil, and humanitarian identification. II. To support competent authorities in criminal investigation. III. At the request of the competent authorized body, provide information for purposes of identification of corpses and/or human remains in mass disasters, migration, human trafficking, among others; IV. At the request of the competent authorized body, provide information for purposes of identification of corpses and/or human remains of minors, adoptions, missing persons, and their relatives. V. At the request of the competent authorized body, provide information for purposes of identification of corpses and/or human remains of minors related to crimes of organ or human trafficking. VI. To maintain a registry of genetic profiles for purposes of criminal investigation in accordance with the categories established for this purpose. VII. To maintain a registry of DNA profiles that individuals voluntarily authorize to participate in population and/or medical studies. VIII. To maintain a registry of DNA profiles of members of the police force, military police, Police Investigation Directorate, Directorate of Forensic Medicine, ATIC, DLCN, any investigative entity authorized by Law for criminal investigation, and others participating in tasks related to the crime scene, sample handling, evidence, or any other forensic investigation work. IX. To maintain a registry of DNA profiles of analysts of the serology and genetics laboratory to monitor cross-contamination.

ISSUANCE OF CERTIFICATION OR REPORT. The Serology and Genetics Laboratory shall maintain a record of samples received, destroyed, and preserved; therefore, the expert in charge of the examination must prepare a report containing the data that allowed identification of the samples, the reasons that in the specific case justified their preservation, destruction, and other data that are considered relevant. Experts who, being obligated to proceed with the receipt, destruction, or preservation of biological material, do not do so shall incur administrative responsibility, without prejudice to their criminal responsibility.

VOLUNTARY SUBMISSION OF BIOLOGICAL SAMPLES. All persons, whether minors with authorization of their legal representatives, may voluntarily provide their DNA sample to be filed and compared in the DNA Databases that correspond, in accordance with the scope of consent granted by the volunteer expressly and prior to the collection of the biological sample.

INFORMED CONSENT. It refers to express, specific, and prior permission to the collection of a biological sample to generate a DNA profile, which shall be used and preserved for the purpose for which it was obtained. Informed consent is mandatory in cases of collection of biological samples for Civil and/or Humanitarian Databases. It shall also be mandatory in cases of voluntary contributors or in the condition of victims in Criminal Databases. This informed consent document shall contain information relevant to its scope, rights, purpose, and uses that the DNA profile generated from the collection of the biological sample may have.

MANDATORY COLLECTION OF BIOLOGICAL SAMPLES. The collection of biological samples from convicted persons and suspects for the purpose of generating DNA profiles to be entered into the Criminal Databases and the collection of biological samples from officials who participate in forensic and criminal investigations to monitor cross-contamination for the purpose of generating DNA profiles to be entered into the Quality Control Databases are mandatory in nature, and therefore do not require Informed Consent.

PERSONNEL FOR COLLECTION OF BIOLOGICAL SAMPLES. The personnel of the Forensic Medicine Division responsible for collecting biological samples shall be duly trained and certified by the Forensic Medicine Division in accordance with the protocols that are developed by the Division and submitted for approval by the Highest Institutional Authority.

METHODS FOR COLLECTION OF BIOLOGICAL SAMPLES. The collection of biological samples to generate DNA profiles in the DNA Databases may be carried out using different methods. Among these, the following can be identified: 1) Non-Invasive Methods: Those methods that do not cause breaks in the skin or put at risk the integrity of the person shall be considered non-invasive, such as oral swabbing. 2) Invasive Methods: Those methods that involve cutting or puncturing the skin shall be considered invasive methods, such as blood extraction. The use of swabbing in the genital areas of a person shall also be considered invasive.

COLLECTION OF BIOLOGICAL SAMPLE FOR THE GENERATION OF DNA PROFILES IN THE CIVIL AND/OR HUMANITARIAN DATABASES, OF VOLUNTARY CONTRIBUTORS AND OF VICTIMS. The collection of the biological sample shall be carried out using the non-invasive method of oral swabbing, which shall be carried out following adequate protocols to guarantee the integrity of the biological sample, with prior informed consent that details the scope, rights, purpose and objective of the collection. In exceptional cases when the oral swabbing method is not possible and/or available, invasive methods may be used, provided that informed consent is obtained.

COLLECTION OF BIOLOGICAL SAMPLE OF EVIDENCE AND ANTECEDENTS. The collection of biological samples obtained from evidence and/or antecedents shall be performed by professionals in medicine, health care personnel, laboratory technicians, microbiologists or other personnel duly certified by the Division. Depending on the case, using any of the methods approved by the scientific community.

COLLECTION OF BIOLOGICAL SAMPLE FOR THE GENERATION OF DNA PROFILES IN THE CRIMINAL DATABASES. The collection of the biological sample, in these cases, shall use the non-invasive method of oral swabbing preferentially, informed consent not being required, due to the mandatory nature determined by the Law. In the event of refusal by the suspect or convicted person to submit to collection of the biological sample, the same may be carried out without their consent through an order from a competent authority and if necessary using an invasive method, in accordance with the procedure established in the Criminal Procedural Code. The cases of voluntary contributors and victims are excepted from this article, whose contribution is voluntary and their authorization is granted through the use of informed consent prior to the collection of their biological sample.

CHAIN OF CUSTODY. The collection and incorporation of the DNA profile into the corresponding DNA databases shall be handled in accordance with the procedures and guidelines determined for the handling of biological evidence and indicia with chain of custody, which begins from the collection of the biological sample/indicia and culminates with the delivery of the indicia and report to the Evidence Control Section.

INCORPORATION OF DNA PROFILES. DNA profiles shall be generated immediately after the collection of the biological sample and automatically entered into the category and subcategory to which they correspond within the Databases, and must comply in accordance with the category with the requirements determined in Chapter IV of the Law, conducting an automatic search that may obtain a match and/or association.

INCORPORATION OF DNA PROFILE OF VICTIMS. The incorporation of the genetic profile of the victim shall be ordered by the Prosecutor of the case. Prior to taking the sample, the forensic expert shall inform the victim of their rights, purpose and objective of the incorporation of their DNA profile in the DNA database of victims. In the event that the victim does not grant authorization, the expert shall refrain from incorporating it into the corresponding database.

CLASSIFICATION OF DNA DATABASES. The System shall be composed of 3 main categories, which in turn shall be divided into specific subcategories. The classification of the DNA Databases shall be divided into the following categories: 1) Criminal Databases 2) Civil and/or Humanitarian Databases 3) Quality Control Databases

CRIMINAL DATABASES. It is composed of DNA profiles whose relevance is of criminal investigation or registration. This will assist in criminal investigation processes by automatically performing the comparison of DNA profiles within the criminal database to obtain possible matches with evidence collected from crime scenes or possible crime scenes, victims, unidentified human remains or voluntary contributors who wish to collaborate with a possible criminal investigation. It will also allow maintaining a record of all persons convicted who are within the National Penitentiary System. The Criminal Databases shall in turn be divided into the following subcategories:

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  Of Convicted Persons: This shall contain the DNA profiles of all persons who have been convicted in a criminal proceeding by final sentence for any of the offenses listed in the Law and for any other offense that in the judgment of the Public Ministry proves to be of relevance in accordance with the Law and this regulation. This will allow maintaining an adequate record of the population of the National Penitentiary System, necessary for the proper functioning and control of this.

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  Of Voluntary Contributors: This shall contain the DNA profiles of any person who requests or voluntarily accepts and through the signing of an informed consent form, the collection of their biological sample to generate a DNA profile and that this may be used to obtain possible matches and/or associations in the framework of a criminal investigation.

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  Of Suspects: This shall contain the DNA profiles of those who have been charged with any of the offenses listed in article 13 of the Law and who may obtain a possible match with other profiles in the Criminal Databases.

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  Of Victims: This shall contain the DNA profiles of the victims of a specific offense determined during the course of a criminal investigation for purposes of exclusion and may not be used to link in any manner the victim with the commission of a crime. Using the informed consent form, the victim reserves the right to refuse the collection of biological sample, generation of DNA profile and inclusion of their DNA profile in the system.

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  Of Evidence: This shall contain the DNA profiles that have been generated from the collection of biological samples during the course of a criminal investigation and that correspond to persons not identified at the time of their obtaining who may have possible matches with other profiles in the Criminal Databases.

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  Of Human Remains: This shall contain the DNA profiles generated from biological samples obtained from unidentified human remains whose origin may or may not be determined as criminal who may obtain possible matches with other profiles in the Criminal Databases. In the cases of numerals 1 and 3, compliance must be given to what is established in article 13 of the Law, and the Prosecutor of the case must immediately notify the Forensic Medicine Division to proceed with the inclusion of the DNA profile in the National DNA Database System.

CIVIL AND/OR HUMANITARIAN DATABASES. It is composed of DNA profiles generated from the collection of biological samples obtained from cadavers, human remains or skeletal remains of unknown origin for humanitarian purposes of human identification and biological samples from a missing person or their belongings and/or from relatives of missing persons that allow for automatic systematic comparison of DNA profiles and obtaining possible matches with other profiles in the Civil and/or Humanitarian Databases, also in cases of filiation. The Civil and/or Humanitarian Databases shall in turn be divided into the following subcategories:

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  Of Missing Persons: This shall contain the DNA profiles from missing persons or their belongings and may be used to attempt to obtain possible matches with other profiles in the Civil and/or Humanitarian Databases.

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  Of Human Remains: This shall contain the DNA profiles generated from biological samples obtained from cadavers, skeletal remains or unidentified human remains that may obtain possible matches with other profiles in the Civil and/or Humanitarian Databases.

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  Of Relatives of Missing Persons or Identification of Human Remains: This shall contain the DNA profiles generated from biological samples provided by relatives of missing or lost persons. These biological samples shall be donated voluntarily and through the signing of an informed consent and will allow the possibility of obtaining possible matches with other profiles in the Civil and/or Humanitarian Databases.

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  Of Voluntary Contributors: This shall contain the DNA profiles of any person who requests or voluntarily accepts and through the signing of an informed consent form, the collection of their biological sample to generate a DNA profile and that this may be used to obtain possible matches in the framework of a humanitarian investigation.

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  Of Filiation: This shall contain the DNA profiles generated from the collection of biological sample from minors to determine with certainty the blood relationship between ascendants and descendants in accordance with the Special Law for Responsible Motherhood and Paternity that have accepted the entry of their DNA profile through an informed consent.

QUALITY CONTROL DATABASES. It is composed of DNA profiles generated from biological samples collected from all officials who participate in forensic and criminal investigations to monitor cross-contamination in any investigation process. The Quality Control Databases shall in turn be divided into the following subcategories: 1) Of Officials Who Participate in Forensic Investigation: This shall contain the DNA profiles of the officials who participate in the collection and processing of DNA, evidence collection at possible crime scenes and any other stage of DNA processing in accordance with the law. 2) Of Officials Who Participate in Criminal Investigation: This shall contain the DNA profiles of officials who exercise criminal investigation activities in accordance with the provisions of the law. The collection of biological samples, generation of DNA profiles and their entry into the system of the officials who participate in forensic and criminal investigations are of strict mandatory nature.

PROHIBITION ON THE USE OF DNA PROFILES FROM CIVIL AND/OR HUMANITARIAN DATABASES. The DNA profiles from the Civil and/or Humanitarian DNA Databases may only be used for purposes of civil and/or humanitarian investigations and may not be used for other purposes such as linking any profile from these databases with the commission of a crime. Except in the case of voluntary contributors who have expressly accepted in the respective informed consent form their use to obtain possible matches and/or associations in the framework of a criminal investigation.

OBTAINING MATCHES AND/OR ASSOCIATIONS. When the automatic search of DNA profiles in the system results in a match and/or association, it shall be notified in writing by the specialized laboratory technician to the corresponding authority following the procedure established in this regulation.

PROCEDURE FOR NOTIFICATION OF MATCHES AND/OR ASSOCIATIONS IN CIVIL AND/OR HUMANITARIAN INVESTIGATIONS. When the system yields a match and/or association in a civil and/or humanitarian investigation, this shall be notified in writing to the State institution with investigative or civil and/or humanitarian assistance powers, as well as to the family members according to the case and special protocols that are approved by the Prosecutor General's Office, so that they may proceed in accordance with law. A copy shall be sent for filing with the General Directorate of the Prosecutor's Office. This notification shall be sent as a possible investigative lead.

PROCEDURE FOR NOTIFICATION OF MATCHES AND/OR ASSOCIATIONS IN CRIMINAL INVESTIGATIONS. When the system establishes as a result a match and/or association in a criminal investigation, this shall be notified in writing to the prosecutor's office or offices that may be linked to the case in question for its assessment as a possible investigative indicator. This notification shall be sent as a possible investigative lead. SECOND CHAPTER: CONSERVATION AND DESTRUCTION OF BIOLOGICAL MATERIAL

CONSERVATION AND DESTRUCTION OF BIOLOGICAL MATERIAL IN CRIMINAL INVESTIGATIONS. The biological material subject to a DNA examination to generate DNA profiles related to criminal investigations shall be conserved and/or eliminated in the following manner: I. In the case of biological material obtained from persons convicted of the commission of one or more crimes framed in article 13 of the law, they must be destroyed once the corresponding DNA profile has been generated. II. In the case of biological material obtained from persons charged with any of the crimes framed in article 13 of the law, they must be conserved during the investigation process and until there is a final convicting or acquitting sentence, after which final sentence they must be destroyed. III. In the case of biological material obtained from victims of a possible crime, whose sole purpose is the exclusion of the commission of a crime, it must be conserved during the investigation process and must be destroyed once the investigation concludes or as stipulated in their informed consent. IV. In the case of biological material obtained from voluntary contributors for purposes of criminal investigation, this must be destroyed once the corresponding DNA profile has been generated. V. In the case of biological material obtained from evidence or precedents of possible crime scenes in unsolved cases, they must be conserved for an indefinite period or until the case or cases of which it may be part are resolved.

CONSERVATION AND DESTRUCTION OF BIOLOGICAL MATERIAL IN CIVIL AND/OR HUMANITARIAN INVESTIGATIONS. The biological material subject to a DNA examination to generate DNA profiles related to civil and/or humanitarian investigations shall be conserved and/or eliminated in the following manner: I. In the case of biological material obtained from relatives of missing persons, it must be destroyed once the corresponding DNA profile has been generated. II. In the case of biological material from a missing person or their belongings, this must be conserved until their identification has been achieved. III. In the case of biological material from human remains, these must be conserved until their identification. IV. In the case of biological material from voluntary contributors for purposes of a civil and/or humanitarian investigation, this must be destroyed once the corresponding DNA profile has been generated. V. In the case of biological material obtained from affiliation cases, one must proceed in accordance with what is established in the informed consent.

CONSERVATION AND DESTRUCTION OF BIOLOGICAL MATERIAL IN QUALITY CONTROL DATABASES. The biological material subject to a DNA examination to generate DNA profiles of officials participating in forensic and criminal investigations must be destroyed once the corresponding DNA profile has been obtained. THIRD CHAPTER: CONSERVATION AND ELIMINATION OF DNA PROFILES IN DATABASES

AUTHORITY TO CONSERVE AND ELIMINATE DNA PROFILES IN THE SYSTEM. It shall be the specific and exclusive responsibility of the Directorate of Forensic Medicine to conserve and eliminate DNA profiles in the system. The elimination of DNA profiles by the Directorate of Forensic Medicine shall be done in accordance with what is established in the law.

CONSERVATION AND ELIMINATION OF DNA PROFILES IN CIVIL AND/OR HUMANITARIAN DATABASES. The DNA profiles in the Civil and/or Humanitarian Databases shall be conserved indefinitely until human identification of the case has been achieved. These may be eliminated in accordance with what is established in the law.

CONSERVATION AND ELIMINATION OF DNA PROFILES IN CRIMINAL DATABASES. The DNA profiles in the Criminal Databases must be conserved within the system while they may be relevant in a criminal investigation and when they form part of the Convicted subcategory, forming part of the record of the National Penitentiary System population. DNA profiles in the DNA Databases may only be eliminated in the cases established in the law.

CONSERVATION OF DNA PROFILES IN QUALITY CONTROL DATABASES. The DNA profiles in the Quality Control Databases must be conserved within the system while the officials participating in forensic and/or criminal investigation remain in service and shall only be eliminated after 5 years from the cessation of their functions upon request from the interested party who must prove the cessation of their functions and their position. For the elimination of the profiles, prior notification and authorization from the Director of Forensic Medicine must be obtained.

ISSUANCE OF CERTIFICATION OR RECORD. The Serology and Genetics Laboratory must maintain a record of samples received, destroyed, and conserved; therefore, the expert in charge of the expertise must prepare a record containing the data that allowed the identification of the samples, the reasons that in the specific case justified their conservation, destruction, and other data that are considered relevant. Experts who, being required to proceed with the receipt, destruction, or conservation of biological material, fail to do so shall incur administrative responsibility, without prejudice to their criminal responsibility. FIFTH TITLE: FINAL PROVISIONS. SOLE CHAPTER: FINAL PROVISIONS.

ACCESS, DISCLOSURE, AND MISUSE OF GENETIC INFORMATION. The information generated, provided, or shared in the National DNA Database System shall have a confidential character and shall not be disclosed to the public, observing the limits that may be necessary to safeguard the confidentiality of information corresponding to the different investigative and administrative processes developed internally and externally by the Directorate of Forensic Medicine in order to safeguard any information of that same nature that could endanger the integrity or life of officials, public servants, and support personnel responsible for the aforementioned tasks; except for purposes supporting national and international cooperation. In accordance with the law, those intervening in any of the procedures regulated by it who permit unauthorized persons access to the information contained in the system, use it improperly, alter or destroy biological samples subject to DNA examination, falsify results, incorrectly determine a DNA profile, plant evidence at the crime scene or on the victim, or fail to tell the truth in the expert report or adulterate its content shall be sanctioned in accordance with the Law of the Prosecutor's Office, these actions being considered serious infractions in accordance with articles 7 and 68 of said law and in accordance with what is established in the Statute of the Prosecutor's Office Career and its General Regulations. The foregoing is without prejudice to the civil, criminal, and administrative responsibility that may be incurred, for which the facts must be brought to the attention of the competent authority.

EQUIPMENT CARE AND MAINTENANCE. It is the responsibility of the Head of the Genetics Serology Laboratory to ensure that the personnel of the Information Technology Department of the Prosecutor's Office perform the necessary maintenance and updates of the hardware and software of the laboratory equipment. All personnel assigned to use equipment must provide proper care to prevent its deterioration or malfunction.

For purposes of this regulation, the Informed Consent Format is approved, which shall be used by the Serology and Genetics Laboratory as an express, specific, and prior permission to the collection of a biological sample to generate a DNA profile, which shall be used and conserved for the purpose for which it was obtained. Its use is mandatory in cases of collection of biological samples for the Civil and/or Humanitarian Databases, voluntary contributors, or in the condition of victims in the Criminal Databases. FORMAT - SEROLOGY AND FORENSIC GENETICS LABORATORY INFORMED CONSENT SG-F-018-V03 1. INFORMED CONSENT FOR VOLUNTARY CONTRIBUTORS TO CIVIL AND HUMANITARIAN DATABASES DNA analysis allows developing an individual's DNA profile. DNA is found in any part of the body represented identically: in blood it is the same as in skin, muscles, hair, bones, among others. Human identification consists of establishing associations between DNA profiles. For this process, samples of oral mucosa or blood are required from the persons under study to obtain their DNA profiles from these samples. The DNA profile is the unique genetic information of each person that is inherited from biological mother and father. These DNA profiles can be compared for human identification or to establish paternity or kinship between individuals with a percentage of filiation according to the degree of consanguinity between the analyzed individuals. DNA profiles can be entered into Honduras's national DNA database system, other countries, or international organizations to make comparisons with other DNA profiles for human identification for civil and/or humanitarian purposes, for population studies and forensic genetic investigation cases. 2. SAMPLE COLLECTION AND RISKS The oral mucosa sample collection is done by rubbing a sterile swab against the inner wall of the cheek, in a procedure that takes a few minutes and does not generate risks for the patient. Blood samples are collected in the following ways: by digital puncture (in the finger) with a lancet or by venous puncture (in the forearm) whose sample is impregnated on an FTA card. The risks, although minimal, may be: excessive bleeding, dizziness or fainting as a consequence of stress caused by sample collection, and hematomas. 3. CLARIFICATIONS I understand that my DNA profile can be extracted from my sample in accordance with the terms of this informed consent. My participation in the human identification or genetic filiation process is voluntary. My sample, DNA profile and/or my personal data will be stored in the databases managed by the Serology-Genetics Laboratory; therefore, my sample or my DNA profile will not be returned by this institution. The foregoing is without prejudice to the request I can make for the elimination of my DNA profile and the destruction of my biological sample at any time as established in article 19 of the Law of the National DNA Database System. These must be stored and safeguarded properly guaranteeing their confidentiality. I also understand that my DNA profile can be shared with the DNA Databases of other countries or international organizations that pursue objectives related to civil and humanitarian human identification. I confirm that I have known the content of this informed consent, in full use of my faculties and that I have not expressed cultural, religious, or other impediment for the collection of my sample, that the information I provide is correct, and I understand that it is important for the human identification or DNA filiation process. In accordance with the terms of this consent, I accept that my oral mucosa or blood sample be collected, that my name and other information be stored in confidential databases for forensic and population investigation purposes. I expressly give my consent for the Forensic Genetics Serology Laboratory to enter my profile into the civil and humanitarian DNA databases and that my DNA profile can be shared with DNA databases of other countries or international organizations for civil and humanitarian purposes. 4. PERSONAL DATA Therefore, I: __________________________________________________________________________________ With National Identification Document _____________________________________ Marital status ___________ With telephone number _______________________ Voluntarily accept the collection of my sample. Have you received a blood transfusion during the last year YES NO NOTE: In case the voluntary contributor cannot read or write, this document must be read in its entirety. In cases where a fingerprint is required, preferably take the right index or indicate which one was taken. Signature Fingerprint 5. AUTHORIZATION FOR MINORS AND PERSONS WITH COGNITIVE DISABILITY I declare that I am the legal representative of the minor or adult in a condition of cognitive disability, that my parental authority or guardianship have not been terminated or limited in any way and that I have the legal authority to give consent to the performance of the procedures in question. I confirm that I have known the content of this informed consent, that the minor or adult in a condition of cognitive disability does not present cultural, religious, or other impediment to sample donation, that the information I provide is correct. In accordance with the terms of this informed consent, I authorize the collection of oral mucosa or blood sample from the minor or adult in a condition of cognitive disability, that their DNA profile be extracted and processed; that their name and other information be stored in confidential databases. 5.1. PERSONAL DATA OF THE REPRESENTATIVE OF THE MINOR / PERSON WITH COGNITIVE DISABILITY Name: ______________________________________________________________________________________ with National Identification Document: _______________________________ Marital status: _______________________________ Telephone number ___________________________________ NOTE: I voluntarily authorized the collection of my legal representative's sample. NOTE: In case the representative of the minor or person with cognitive disability cannot read or write, this document must be read in its entirety. In case of requiring footprint impression, preferably take the right foot impression or indicate which one was taken. PERSONAL DATA OF THE MINOR / PERSON WITH COGNITIVE DISABILITY Name: _______________________________________________________________________________________ Identity number: ___________________________________________________________________________ Have you received any blood transfusion during the last year YES NO Signature Fingerprint Fingerprint

TRAINING AND SOCIALIZATION OF THE LAW AND ITS REGULATION. It shall be the responsibility of the Directorate of Forensic Medicine in coordination with the Training School of the Prosecutor's Office "Orlan Arturo Chávez" to provide all officials and servants of the institution with basic and specialized training on the Law of the National DNA Database System and this special regulation; likewise, they must make approaches with the schools or training departments of the institutions that participate directly or indirectly in the processes regulated by the law for its socialization, as well as its special regulation. Likewise, the Directorate of Forensic Medicine in coordination with the Division of Public Relations, Education and Communication, must proceed immediately to the execution of informational and interactive campaigns with the general population to collect DNA samples, which may be developed with the collaboration and technical assistance of organizations expert in the matter and/or with committees of missing persons' families and collaborating institutions in humanitarian matters and also to publicize the services and processes developed by the Directorate of Forensic Medicine related to DNA sample collection and its incorporation into the criminal, civil, and humanitarian database.

TRAINING AND SOCIALIZATION OF THE LAW AND ITS REGULATION. It shall be the responsibility of the Directorate of Forensic Medicine in coordination with the Training School of the Prosecutor's Office "Orlan Arturo Chávez" to provide all officials and servants of the institution with basic and specialized training on the Law of the National DNA Database System and this special regulation; likewise, they must make approaches with the schools or training departments of the institutions that participate directly or indirectly in the processes regulated by the law for its socialization, as well as its special regulation. Likewise, the Directorate of Forensic Medicine in coordination with the Division of Public Relations, Education and Communication, must proceed immediately to the execution of informational and interactive campaigns with the general population to collect DNA samples, which may be developed with the collaboration and technical assistance of organizations expert in the matter and/or with committees of missing persons' families and collaborating institutions in humanitarian matters and also to publicize the services and processes developed by the Directorate of Forensic Medicine related to DNA sample collection and its incorporation into the criminal, civil, and humanitarian database.

BUDGETARY FORMULATION. The Administration Department is instructed to submit to this office the studies of budgetary impact that were required with the entry into force of the Law of the National System of DNA Databases; likewise, the Administration Department must immediately proceed to carry out the necessary actions to include in the budgetary formulation that is submitted to the State Secretariat in the Ministries of Finance, the corresponding provisions to request and ensure in a timely manner the inclusion of the budget necessary for the proper functioning of the National System of DNA Databases.

EFFECTIVE DATE. This Agreement shall enter into force as of the date of its publication in the Official Gazette La Gaceta and shall be made known to all servers and officials of the Public Ministry at the national level and to the general population, through the General Secretariat and the Division of Public Relations, Education and Communication, respectively. Tegucigalpa, municipality of the Central District, January 23, 2025. JOHEL ANTONIO ZELAYA ALVAREZ ATTORNEY GENERAL OF THE REPUBLIC