[Judicial intervention of the DNA test (comment on decisions of the Second Chamber of the Supreme Court No. 501/2005, of April 19, 2005, and No. 1311/2005, of October 14, 2005)].
The controversy has been arisen by the Spanish Supreme Court in two recent judgments, as they clearly show the lack of a unique criterion in the Spanish jurisprudence when genetic data have to be analysed in the course of a criminal process, in order to identify a person. The DNA proof cannot be practised without judicial intervention under Spanish law.
Libano Beristain
Arantza
A
Universidad Autónoma de Barcelona, Barcelona, España.
D003416:Criminal Law; D016172:DNA Fingerprinting / Q000331:legislation & jurisprudence*; D006801:Humans; D013030:Spain