Authors, starting from an expertise concerning a disputed paternity case, recall the evolution of legislation in the field, focusing the progressive consideration of juridical and jurisprudential DNA testing in defining biological paternity, as it is finally considered virtually successful. The thorny question of personal refusal to biological sampling for DNA test is therefore considered discussing such a denial as a representation of the right to refuse the medical treatments or sanitary verifications legitimate exercise. Particularly, the penal and civil procedural dispositions about sampling of biological tissues according to current technical and scientific knowledges in forensic genetics, are analized with specific reference to legitimacy of the presumption of proof consequent to the “refusal to allow" in paternity identification.
Su un caso di rifiuto di sottoporsi al test per la diagnosi di paternità: riflessioni medico–legali
DE STEFANO, FRANCESCO;ROCCA, GABRIELE
2009-01-01
Abstract
Authors, starting from an expertise concerning a disputed paternity case, recall the evolution of legislation in the field, focusing the progressive consideration of juridical and jurisprudential DNA testing in defining biological paternity, as it is finally considered virtually successful. The thorny question of personal refusal to biological sampling for DNA test is therefore considered discussing such a denial as a representation of the right to refuse the medical treatments or sanitary verifications legitimate exercise. Particularly, the penal and civil procedural dispositions about sampling of biological tissues according to current technical and scientific knowledges in forensic genetics, are analized with specific reference to legitimacy of the presumption of proof consequent to the “refusal to allow" in paternity identification.
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