Sexual aggression. DNA test

Commentary on the Tribunal Supremo of 22 june 2011

Abstract

The most minimal reason does not exist to think that the extraction of samples you will salivate of the defendant, they had not been expressly authorized by the same one, or in another case decreed by the Judge performer. But it is that, definitively, what it questions here is the normality of the samples that are in use in the Banks of Information that the Administration has created under the protection of the Law of December 13 of 1999, which certainly an important area of protection establishes in safeguard of the intimacy of the persons, except for the investigation of the terrorism and other serious crimes. It is obvious, that such a purpose cannot use as excuse for any way of proceeding in the capture of information and incorporation to the created records, though, the possible committed irregularities, they must be denounced in the form and way that there is established. Opposite to the argued for the defense, no unlawfulness we estimate in the diligence of capture of saliva of now accused by means of the use of a hyssop in order to realize the opportune check of DNA. We must reject the generic challenging of the formalities of test related by the defense in his writing of provisional conclusions produced in the opportune step, provided that the beginning of good procedural faith that has to govern any action of the parts was required to specify the concrete irregularities.