PROBLEMS OF USAGE POLYGRAPH’S AT CRIMINAL PROCEEDINGS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the analysis of problems that arise during the criminal proceedings in the application of special knowledge related to the polygraph, as well as the author proposed ways to solve such problems, consisting in making changes to the current criminal procedural legislation of Ukraine. The application of special knowledge in the criminal process of Ukraine requires a complete legislative settlement. During criminal proceedings, there is often a need for specialist knowledge in gathering evidence. The expert’s conclusion is known to be the source of evidence. Forensic research is conducted by a certified expert. Exception is only polygraph examination. Polygraph is a kind of psychophysiological equipment. The equipment responds to changes in human psychophysiological reactions. They relate to breathing, sweating, pressure, etc. During pre-trial proceedings, the polygraph is used by operational staff. Among investigative actions carried out with the usage of a polygraph, there is questioning, presentation for identification, investigation of an experiment, etc. Prospects for the introduction of a polygraph involved the establishment of a person’s involvement or non- involvement in the commission of a crime, with full and objective investigation of the proceeding`s circumstances, with the search for persons who are hiding from justice. Conducting a psychophysiological study using a polygraph has a number of unregulated moments in the law. One of the controversial issues is the education of an expert who conducts psychophysiological research. The second point is the regulation of psychophysiological research in general. The third point concerns the admissibility of using the expert-polygraph examiner’s conclusion as evidence. Thus, the usage of a polygraph as a special technical means since 1992 in Ukraine is not completely regulated. The criminal procedural code has been changed twice, but the position on the polygraph of normative reflection has not yet been found. There is no information about the psycho-physiological examination in the “Instructions for appointment and conducting forensic examinations and studies”, the methodology for conducting an examination with a polygraph has no state registration. Worthy of note is the fact that the Criminal Procedure Code regulates in detail only the conduct of mandatory examinations. Examination using a polygraph does not apply to such examinations. The polygraph examiner should be evaluated as a specialist’s reference. There is no denial that the polygraph contributes to the disclosure of crimes, the acquittal of innocent people, but the machine can not judge any factor in place of man. The polygraph does not measure the truth, but only the physiological characteristics of a person. It is proposed to introduce a polygraph for technical means that can be used during investigative (search) actions. Unfortunately, vidence obtained by using a polygraph can not be considered acceptable.
Authors and Affiliations
А. В. Шульженко
Keywords
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