[Consent in DNA sample harvesting. With special reference to processes with minors (Part I)]

At present, there is no doubt as to the enormous importance of genetic testing for DNA markers in investigating crimes and identifying the guilty parties. We consider it unnecessary to sing the virtues of this celebrated method, which is now generally permitted by our courts, and which is forcing us to resolve diverse matters that the scarcity and insufficiency of current legislation is unable to settle. The objective of this paper is to analyse the consent given by the affected party to having genetic samples taken, as well as the inclusion of their profiles into police databases afterwards. This consent appears to be the main source of legitimacy in these scenarios. However, in order for it to take full effect, certain requirements must be met, especially in relation to the affected party giving informed consent. This means that in order for the consent to be considered valid, the victim must be informed of the legal scope and consequences that may arise from the test, as well as the legal consequences that may arise from their refusal. In the case of children, debate is needed as to whether they can be asked to give a genetic sample, if court authorisation or permission from their legal representatives or even their lawyer is always necessary or whether the informed, voluntary consent of the child might be sufficient, also whether police databases can or should have access to these samples.