Polygraph testing is becoming increasingly popular in various fields. It is a great way to check people’s honesty and integrity, whiten your reputation and resolve any conflicts and disputes. In the modern world, the polygraph is also widely used in various types of investigations. Sometimes such a test allows you to speed up the process and learn many new facts. However, what is the legal status of the polygraph in our country? And can the court accept the results of the study as evidence?
Features of polygraph testing
A lie detector test is a very effective way to find out the truth, which can significantly speed up an investigation and help to reveal important information. The high efficiency of the polygraph is due to the fact that testing is based on a scientific approach. It is not a “guessing game”, but recording and analyzing the reactions of the human body.
During the study, the subject is connected to equipment that reads heart rate, blood pressure, breathing, and electrodermal activity (sweating). When answering different questions, these reactions change. This happens due to the emotional importance of the question, as well as when trying to lie. In any case, the device will record any changes in physiological reactions, and then, during the analysis, the expert will compare them with the norm for a specific person. Based on this, conclusions will be made and a conclusion will be given.
Thus, a polygraph can be a strong evidence of guilt, innocence, help to establish the circumstances of the case, etc. It guarantees:
- high accuracy;
- impartiality;
- high efficiency;
- compressed timeframe for conducting the study.
Legal status of the polygraph
In 2017, a state standard was adopted regulating the conduct of polygraph testing. Thus, testing in Ukraine was legalized and officially recognized by the Supreme Court. However, it should be noted that the situation here is ambiguous.
The only thing we can say with certainty is that the results of a polygraph can be presented as evidence in a number of cases. In this regard, we can state the growing importance of the lie detector for judicial practice. Today, the results of an examination can serve as additional justification for considering cases in court. And the conclusion of a polygraph expert can be decisive in establishing the circumstances of a case.
It is worth noting that conducting a study to present the results as evidence requires compliance with the strictest rules. The results must also be substantiated, objective, and take into account the specifics of the case and the specifics of other evidence presented. It is equally important to understand that it is impossible to use a polygraph to prove the guilt of a specific person. According to the law, a polygraph can only show the truth or falsity of statements.
The use of a polygraph is not a common practice in all court cases, as the testing does not guarantee absolute accuracy. There are factors that can distort the results: stress, attempts to resist the detector, etc. In addition, courts are not obliged to accept the results of a polygraph as evidence. If a judge decides that the information is unreliable or subjective, he or she has the right to refuse.
It is worth remembering that neither the court nor anyone else has the right to force a person to undergo a lie detector test. Such testing is voluntary.
Criminal and civil cases
The possibility of using polygraph results in different cases is not the same. When it comes to criminal cases, everything is quite serious, so you cannot rely on the detector as full-fledged evidence. In such cases, the polygraph can serve as additional confirmation of someone’s words or available facts, and also act as an expert opinion. However, the value of the conclusions for the court will be limited.
The situation with civil cases and disputes under the Labor Code is somewhat different. In such cases, the results of a polygraph examination may be presented to the court as full-fledged written evidence. However, this does not mean that the court will attach primary importance to the polygraph examiner’s conclusion. Moreover, it is worth remembering that the judge may refuse to accept such evidence at all.
Let’s sum it up
In general, the practice of using a polygraph as substantiated evidence continues to develop today. However, it is still ambiguous, and therefore the acceptance of the results of the study as evidence is determined by the court in each specific case.
Objectivity and accuracy of the examination are of great importance for providing the polygraph examiner’s conclusion as evidence. That is why it is important to choose only a reliable and professional one lie detector Kyiv, which will help to find out the truth and will be of assistance in court.