The Application of Polygraph Test Results in the Evidence Process
DOI:
https://doi.org/10.32631/v.2025.4.22Keywords:
evidence, technical and forensic means, polygraph, psychological examination, testimony, verification of evidence, sufficiency of evidence, evaluation of evidence.Abstract
This article analyses the theoretical and practical aspects of using computerised polygraphs as a technical forensic tool in the evidence process in criminal proceedings. Based on an analysis of scientific sources and materials from judicial practice, the relevance of the study is justified in view of the updating of regulatory and legal acts, the need to unify the practice of conducting forensic psychological examinations using a polygraph, and the growing demand for the use of this tool in the activities of law enforcement agencies. It is noted that, despite the scientific and technological potential of the polygraph, its results are probabilistic in nature and cannot be considered conclusive evidence without strict procedural conditions being met.
A study of regulatory sources has shown that there is currently a positive trend in the legal regulation of the use of computer polygraphs. At the same time, in practice, there is still a need to develop clear procedural guarantees regarding the admissibility and reliability of the results obtained, as well as methodological support for their evaluation using logical-probabilistic approaches.
Based on a review of national and international experience in the use of polygraphs, as well as a study of the risks associated with technical errors, the influence of subjective factors on the interpretation of results, and the possibility of counteracting the examination by the examinee, criteria have been summarised that should be taken into account when verifying and evaluating the materials obtained.
Based on an analysis of current judicial practice and changes to scientific and methodological documents, it has been concluded that further legitimisation of the polygraph in criminal proceedings is only possible if the procedure for its use is formalised, the assessment of results is methodologically justified, and the principles of adversarial proceedings are observed. It has been determined that the polygraph can be a useful auxiliary tool in psychological examination, but it requires critical evaluation and consideration of all factors that may affect its results.
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Copyright (c) 2025 A. H. Vuima, V. O. Zlotnyk
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