MADRID – The Supreme Court has clarified the
criteria that allow DNA tests as evidence in trials. However, if such a test is
taken by the police in the absence of the detainee’s legal representative, it
will not be valid as evidence, even when the accused has given his or her consent. The
only alternative will be a court order. The detainee may impugn comparisons
with his own samples taken previously and are registered in the police’s data
bank.
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