El artículo 24 de la Constitución Española y la prueba de ADN en el proceso penal

Abstract

© 2018, Centro Estudios Politicos Constitucionales. All rights reserved. This study aims to offer an analysis of the main singularities involved in the practice of DNA evidence in the field of criminal proceedings and the registration of genetic identifiers in the police database, with special emphasis on the guarantees established for the Constitution and the procedural legislation of application by which such actions must be directed. In this context, we will concede special importance to the right of defense and the presumption of innocence that are closely related to the manner in which the results of a genetic analysis must acquire evidentiary value and the way in which they must be interpreted, in order to be able to conclude that the probationary inference taken into effect and, therefore, the basis of the sentence have been correct and appropriate to achieve the effective judicial protection.