Prerequisites and challenges of the use of information obtained through a polygraph as evidence in criminal proceedings

The article addresses the challenge of assessing evidence in criminal proceedings, particularly regarding the use of information obtained through a polygraph as evidence. The authors explain the concept of a polygraph as a technical device capable of recording observable physiological responses to specific stimuli and display these responses graphically. Important characteristics in the use of polygraphs include their accuracy levels and the formal basis for conducting polygraph tests in the form of relevant examination. The authors evaluate whether the comprehensive information gathered from a polygraph meets essential criteria for evidences, such as relevance, admissibility, reliability, and sufficiency. At the same time, several challenges have been identified raising doubts about the evidentiary value of such information, highlighting the need for improving the regulatory framework. First, the expert’s conclusions drawn from psychophysiological examinations using a polygraph must adhere to a specific methodology that is currently not defined by existing legislation. Second, the current laws do not allow for the classification of a forensic expert qualified to conduct these psychophysiological examinations. The authors propose certain prerequisites that could enhance the acceptance of polygraph-derived information as evidence. These include conducting forensic psychological examinations according to established methods found in the Register of Forensic Experts, ensuring that the polygraph used aligns with the standards set by State Standards of Ukraine 8692:2016 “Polygraphs. Technical Requirements”, and providing a valid certificate confirming the examiner’s qualification as a forensic expert. Additionally, a documented proof of the polygraph examiner’s education is needed as well as obtaining voluntary consent from the examined individual after a thorough discussion of the examination procedure. The findings of the study underscore the urgent need for regulatory framework enhancements and the advancement of polygraph technology.