Obtaining and archiving identifiers extracted from the DNA samples of suspects: analysis of the Spanish regulation in the light of the Case-Law of the European Court of Human Rights.

Authors

  • MONTSERRAT DE HOYOS SANCHO

Keywords:

Essential safeguards in criminal proceedings – investigation and proof of crimes – DNA database of suspects – Case-Law of the European court of human rights.

Abstract

Possible practices currently associated with obtaining and archiving the DNA identifiers of suspects in the field of the investigation and proof of serious criminal acts are examined in this paper. In concrete, the Spanish regulation is studied in the light of the criteria established in this field by the European Court of Human Rights. Furthermore, proposals are put forward to improve the system and procedural practice, which include collaboration between the authorities in different States with a view to the transfer and exchange of information held on various databases and protected files.

Published

2010-06-22

Issue

Section

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