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The Law of Criminal Procedure does not contain a unitary and systematic regulation on the requirements and guarantees of the chain of custody, although it regulates in a dispersed way some aspects related to that matter.

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For example, when foreseeing in art. 326 that "when the crime that is prosecuted has left vestiges or material evidence of its perpetration, the Judge Instructor or whoever takes his place will pick them up and keep them for the oral trial ..." (Article 326 LECr.); or when it disposes the art. 334 of the LECr. that "the investigating judge will order to collect in the first moments weapons, instruments or effects of any kind that may be related to the crime and are in the place where it was committed ...".

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They also deal with other issues related to the chain of custody arts. 282, 292, 330, 338, 770.3 and 796.1.6, of the LECr. The draft Criminal Procedure Law of 2011 contained a unitary regulation on the matter (Articles 357 to 360), which established the general lines and the essential requirements to address the problems that arise in the collection and custody of the vestiges criminals that can be integrated into the sources of evidence.

And thus, it was provided that all actions aimed at locating, collecting, obtaining, analyzing, depositing and safeguarding the sources of evidence should be carried out in the manner prescribed in this law and in the other provisions that may be applicable (Article 357) .

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When regulating the procedures of the chain of custody established the legal Project that corresponds to all those related to the source of evidence, whether public officials or individuals, the obligation to establish, apply and maintain the chain of custody, ensuring the inalterability of the test source.

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If, due to the nature of the action or the techniques to be applied for collection, inspection, analysis or deposit, alterations should occur in the original state of the samples or effects intervened, this shall be duly recorded in the proceedings (art. 358). The sample management procedure was also contemplated (Article 359). And with regard to the effects of the chain of custody, it was provided that its breach will be assessed by the court for the purpose of determining the reliability of the source of evidence, setting as the moment of its challenge the admission procedure of the evidence (art. 360). "

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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