E-mail
office@prikhodko.com.ua
Phones number
+380930074400

Advocate - project partner, expert in legal aid practice

Contact now

Lie detector as evidence in the case. But can his conclusions be trusted?

Polygraph or “lie detector” is already widely used in our country. Initially, his findings were used in hiring, and later for forensic examinations. But he became better known in Ukraine in 2015 after the adoption of the Law of Ukraine “On the National Police”, which provided for the use of a polygraph when recruited to the police. But can his conclusions be trusted?
At present, forensic examinations using a polygraph are a source of evidence for the court, as well as other examinations. The law does not specify the mandatory grounds for the appointment of a polygraph examination, so this is at the discretion of the court, including at the request of the defense or prosecution.
In this case, a psychiatric examination is performed, and the means of its conduct is a polygraph.
However, in the work of the polygraph there are shortcomings recorded in the practice of their application. For example, incorrect recognition of physiological parameters in their similarity or the use of the subjects of techniques that allow to deceive the polygraph – artificial muscle tension, intentional self-inflicted pain. In case of uncertainty of the polygraph examiner in reliability of conclusions, testing can be carried out repeatedly. Due to the shortcomings of the use of the polygraph has not become widespread in judicial practice. The value and force of proof the conclusion of the polygraph acquires only during the forensic examination.
In our opinion, the conclusions of the polygraph, provided the quality of testing, can certainly have force and significance in the case, but only as indirect evidence. And to be taken into account by the court only if there is a set of other direct evidence of the person’s guilt in committing the offense.

20%
discount
If we do not call back during the day
Consultation