El ADN como herramienta de identificación en el proceso penal colombiano, en la etapa de investigación frente a delitos específicos, según el proyecto de ley 138 de 2024

Abstract

This paper aims to highlight the importance of DNA as a technical tool within the investigations of criminal proceedings in Colombia, highlighting mainly the law 138 of 2024 or the “Sofia” law, which organizes, guides and regulates the methods and ways in which the samples would be obtained. It will also address issues such as identification and individualization, body inspection and personal search; actions that are regulated by law and jurisprudence, these mainly highlight the Principle of Suitability, necessity and proportionality as an indicator and decisive point at the time of authorizing these procedures. Although bodily intervention, specifically, the extraction of fluids with genetic material, may affect the right to human dignity, to not be subjected to cruel, inhuman or degrading treatment, to privacy, to violate the presumption of innocence and the right against self-incrimination, there are already other actions at the stage of the investigation that transgress it; Even so, it does not prohibit its practice but it does regulate it, guaranteeing that the person involved is protected but in collaboration with justice, even to arrive quickly to the “search for the truth” by acquitting or convicting.