Theoretical and Praxeological Aspects of Involving a Polygraph Specialist in the Verification of Testimony in Criminal Proceedings
Abstract
Abstract. The article presents a thorough study of the theoretical and practical aspects of using a polygraph to verify the veracity of testimony in criminal proceedings. The author proves the scientific feasibility of this method, relying on the concept of «ideal traces» (memory traces). Within the framework of the article, these traces are interpreted as subjective reflections of the events of a crime in a person's mind. The main thesis is that hidden information can be detected and objectively recorded through the analysis of the psychophysiological reactions of the person being tested. Special attention is paid to a systematic analysis of the transformation of national legislation and judicial practice. Specifically, the article examines amendments to the Criminal Procedure Code of Ukraine (through the prism of Article 99 of the CPC), which create the legal prerequisites for integrating the findings of polygraph specialists into the system of evidence as full-fledged documentary evidence. The study analyzes the dynamics of court decisions during the period of 2024–2025. A transition has been identified from a paradigm of systematic denial of psychophysiological research results to the formation of strict criteria for their methodological and procedural compliance with established national standards. The study of court rulings allowed for the identification of key factors in legitimizing testing results in the judicial process. These include not only the unconditional voluntary consent of the examinee but also the high level of procedural quality of the respective motions, as well as the mandatory involvement of certified specialists acting within approved methodologies. A significant aspect of the scientific inquiry is the clarification of the role of the pre-test interview. The author argues that this stage serves as a fundamental guarantee of the study's objectivity and an effective safeguard against any manipulative influence on the survey results. The generalization of the research results made it possible to state that, despite the debatable issue of the direct evidentiary value of the polygraph, it is an effective tool for tactical support of the pre-trial investigation. It was established that the results of instrumental diagnostics of information concealment allow the investigator and the prosecution to effectively adjust the vector of the investigation, form substantiated forensic versions and optimize the planning of investigative (search) actions, significantly increasing their effectiveness.
Keywords: polygraph; forensic tactics; specialist; interrogation; pretrial investigation; criminal proceedings.
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