The DNA evidences chain of custody as an evidence guarantee-control procedure is carried out in a four phases chain of title, being the DNA samples collection its first and main phase, and in turn, the first subphase is constituted by the DNA samples localization, finding and collection. This first subphase has an essential importance in the criminal proceeding. In this subphase the necessary operations to achieve the probatory evidence have to be carried out lawfully and as reliable as possible. To that end, the unfinished Spanish regulation about the DNA samples localization, finding and collection will be analyzed, going through several manuals or non-legally binding recommendations, although they have a great procedural importance. Finally, some conclusions about the suitable DNA samples chain of custody in this subphase