The situation of forensic DNA analysis in Spain

Abstract

In the Spanish Constitution of 1978 three historical communities (Galicia, Catalonia and the Basque Country) were recognised as well as twelve other communities, the former having autonomy in many aspects of Justice. In spite of this there is a common Criminal Code for the whole of Spain and a common judicial system similar to other continental European countries. Paternity testing and criminal casework are the types of forensic genetic expertise most requested by Justice in Spain, but although the number of criminal cases in which DNA testing is requested is similar to other European countries (around 2500 per year), the number of paternity testing cases is very low (500 per year including private cases). This latter is due to social and legal reasons, but in spite of this low number, a constellation of different laboratories performing paternity testing exists. In total there are eighteen centres performing paternity testing including Ministry of Justice Laboratories, Forensic Science Institutes, University Departments of Legal Medicine, Genetics and Anthropology, Immunogenetic laboratories, Hospital Services of Haematology and private companies. Forensic genetic casework for criminal cases is nevertheless performed only in a reduced number of official laboratories. The genetic services of the National Institute of Toxicology cover most of the country. The National Institute of Toxicology (INT) is an official laboratory of the Ministry of Justice with branches in Madrid, Barcelona, Seville and Las Palmas (Canary Islands). In addition up to 20% of cases are performed in this area by Home Office Laboratories, especially by the Central Police Laboratory in Madrid. Very few cases (less than 5%) are performed by University Departments of Legal Medicine. Criminal casework in the Basque Country is performed by UTAP, an official laboratory of the Ministries of Justice and the Interior. In Galicia, criminal casework as well as paternity testing is carried out in the Institute of Legal Medicine of Santiago de Compostela. Forensic laboratories perform DNA analysis when requested by either the prosecutor or the defence, always following a court order. Reports must always be signed by two independent experts in the case of important crimes, but in practical terms second