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The question of the value of the reports prepared by official laboratories of the State Administration in which the nature, purity and quantity of narcotic substances seized in a criminal proceeding are analyzed, has been recently addressed by STS no. 848/2022, of October 27, 2022. We can help you At Dexia Abogados you will find lawyers specializing in crimes against public health . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What is the nature of reports on narcotic substances issued by official laboratories? The reports issued by official Organizations or Entities on the nature, quantity and purity of narcotic substances will have the nature of documentary evidence ex article 788.3 LECrim . However, for this it must be stated that they have been carried out following the scientific protocols approved by the corresponding regulations.
For its part, the Jurisprudence, in addition to recognizing the value of these reports as authentic documentary evidence, has been recognizing on numerous occasions that they may be authentic pre-constituted evidence. This is so when the expert report carried out during the investigation has not been challenged, refuted or requested to be expanded or rectified, that is, when it has been tacitly accepted by the DM Databases defense. How to practice this test in criminal proceedings If the report has been issued by an expert integrated into a public body , it is not necessary for him to attend court to ratify it. That is, it will be incorporated into the procedure like any other documentary evidence, which can be considered reproduced in Court and display full probative effect without further ado. This is so, unless the defense challenges the report or requests the presence of the specialist at the trial to subject it to contradiction - Agreement of the Second Chamber in a non-jurisdictiona.
Value and evidentiary effectiveness of said reports in the trial. In accordance with the consolidated Jurisprudence of the Supreme Court, the opinions and expertise issued by Official Organizations or Entities, given the impartiality, objectivity and technical competence of the component members, offer all kinds of technical and impartiality guarantees to attribute , prima facie , validity. full without procedural contradiction f September 23-. This does not imply that the conclusions of this type of opinions are irrefutable; they may be subject to contradiction by the defense. How can the defense contradict the reports? The nature of documentary evidence of this type of opinions implies that its mere challenge by the defense does not exclude its evidentiary validity -STS no. 866/2009, of September 27 and Agreement of the Second Chamber in a non-jurisdictional Plenary Session dated May 25, 2005. In order to “remove” this report from the process, the defense will have to demonstrate the lack of credibility or validity of the report, or its error.
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