The Spanish case of Ahmed Tommohui and the virtuality of DNA tests as exclusion evidences
Abstract
The main aim of this study is to focus on the regulation and practice of genetic tests carried out for criminal investigation purposes, with special emphasis on their potential as exclusionary evidence in criminal proceedings. The analysis is based on the historical and current situation in the Spanish legal system (pending a comprehensive reform of the Criminal Procedure Act) and the challenges posed by real cases, such as that of Ahmed Tommohui, who, after serving a prison sentence for years was finally declared innocent by the Supreme Court of Spain, within the framework of an extraordinary appeal for review of final sentences. For the resolution of this exceptional appeal or, rather, the autonomous process of review of final sentences, the results of the DNA made at the time and ignored in the trial were crucial, given the lack of ratification of the expert report by the technicians who issued it.
Received: 03.03.2025
Accepted: 10.06.2025
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Last update: 08/02/2022
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