La prueba de ADN en el proceso penal

Abstract

In the framework of the Spanish criminal process, taking into account the purpose of the instruction phase, that consists in discovering and identifying the alleged perpetrator of a criminal act, DNA can play a very important role in the sense that, by containing the genetic material of an organism, it’s possible to identify a person with a negligible margin of error, which can make initially to think that constitutes an exclusive, infallible and irrefutable incriminating evidence. In this way, in order to know if this evidence can remove the innocence presumption that is fixed in our Constitution, this paper analyzes the legal regime that the Order establish about DNA, its legal nature, what kind of evidence it is, what requirements and application budgets are necessary for its use in the process, its possible collision with fundamental rights, how it is practiced in the oral trial, and, finally, how it is valued by the judge.