The third additional provision of the Criminal Procedure Act added by the organic law 15/2003 of 25 November, amending the organic law 10/1995 of 23 November, of the Penal Code, acts as a legal basis enabling the Royal Decree 1977 / 2008 of 28 November, which regulates the composition and functions of the National Commission for the use of forensic DNA.
He cited real Decree allowed the Constitution and put in operation of this organism College, affiliated to the Ministry of Justice, with them functions specific of accreditation, coordination and elaboration of protocols official, as well as of determination of them conditions of security of them laboratories empowered for contrast profiles genetic in it research and persecution of crimes and the identification of corpses.
So far article 4 regulated the composition of the National Commission in two sections: the first devoted to the Presidency, Vice-Presidency, and vowels, while the second opened up the possibility of to be incorporated, as vowels, two representatives of the DNA database, one of the Mossos d´Esquadra and another of the Ertzaintza.
With respect to the first paragraph, since the object of study subjects in this Commission have a procedural content markup, the plenary has requested that a representative of the General Council of the judiciary and a representative of the State General Prosecutor's Office, as well as expressly including representatives of the Mossos d´Esquadra, the Ertzaintza and the Policía Foral de Navarra are integrated in the same , and of to count with the participation of other possible experts authorized by the Presidency.
Regarding the second, nothing established with respect to the possibility of that integrate, where appropriate, representatives of other regional police officers who provide information to the police DNA database and, therefore, may have formed part of the Commission under the same conditions as those laid down for those referred to previously.
To remedy a situation that could consider is discriminatory regard to others communities autonomous, seems suitable adapt this precept allowing that form part of the Commission national for the use forensic of the DNA representatives of them databases of DNA dependent of them different police regional.
By virtue, on the proposal of the Ministers of Justice and of the Interior, with the prior approval of the Minister of finance and public administration and after deliberation by the Council of Ministers at its meeting of September 25, 2015, HAVE: single article. Modification of the Real Decree 1977 / 2008 of 28 November, which regulates the composition and functions of the National Commission for the forensic use of DNA.
The Royal Decree 1977 / 2008 of 28 November, which regulates the composition and functions of the National Commission for the forensic use of DNA, is amended as set out below: one. Is modified the article 4 that will be drafted in the following terms: ' article 4.» Composition.
(1. the Commission national for the use forensic of DNA is integrated by the following members: to) President: the Director General of relations with the administration of Justice.
(b) Vice-Presidents: the Director of the National Institute of forensic science and toxicology, and the representative of the Secretary of State for security, designated by its holder.
(c) vocal:-an official attached to the laboratories of the General scientific police, appointed by the Director General of the police station.
-An official of the headquarters of the Judicial Police of the Guardia Civil, appointed by the Director-General of the Civil Guard.
-A representative of the police of the Generalitat of Catalonia-Mossos d ' police.
-A representative of the police Autonomous Basque-Basque police.
-A representative of the Policía Foral in Navarre.
-A magistrate appointed by the Minister of Justice.
-A prosecutor appointed by the Minister of Justice.
-A representative of the Council General of the judiciary, appointed by the Standing Committee of the Board.
-A representative from the Office of the Attorney-General, appointed by it.
-An expert in bioethics, appointed by the Minister of Justice.
-A genetics expert appointed by the Minister of economy and competitiveness.
-An expert in medical genetics and molecular pathology of the national system of health, appointed by the Minister of health, social services and equality.
-A coroner appointed by the Minister of Justice.
-A optional of the Institute national of Toxicology and of Sciences forensic, appointed by its Director, that will act as Secretary of the Commission.
2 also form part of the Commission the regional police forces that may constitute all nationally if they integrate their files or bases of DNA on police database on IDs obtained from DNA.»
Two. Amending article 7 which is worded as follows: «article 7. Collaboration and advice.
With the permission of the Chairman, the Commission may request for the exercise of their functions, collaboration and advice from the personnel attached to different laboratories for analysis of DNA for purposes of criminal investigation and identification of missing persons, as well as databases of DNA, similar to other experts to consider."
Sole final provision. Entry into force.
He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».
Given in Madrid, the 28 of September of 2015.
The Vice President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON