Algunas cuestiones polémicas sobre el ADN y el proceso penal

Abstract

The present article aims to perform a critical assessment of some problematic and controversial about the use of DNA during the criminal trial. The absence of a legislation specifically focused in the problems derived from the performance of these evidences causes that the solution of the difficulties which may raise belongs, as will be exposed, to the decision in each specific case by the appropriate judicial authority, in spite of the risk that this may cause, specially to the judicial safety. Some questions will be treated, including the absence of regulation on the chain of custody, the conditions for the obtaining of a biological sample from the suspect, how to give consent, what to do if the consent is not given, the possibility of using force, what are the consequences raising from the absence of consent or the eventuality of performing DNA tests in a community or group of persons.