Refusal or avoidance from the collection of biological samples. Theoretical and practical aspects

Abstract

Through this article, the author set out to compose an analysis of the criminal offence provided for by Article 337 of the Criminal Code regarding the refusal or avoidance from the collection of biological samples, passing the theoretical aspects of the incrimination norm through the filter of the caselaw of the national courts.

As several situations have been identified in the judicial practice in which, in order to establish the fulfillment of the objective and subjective elements of the crime, it is necessary that several conditions regulated in other normative acts are met, this study will also include a review of regulations that interfere with the rule of incrimination.