Forensic psychological examination using a polygraph does not replace traditional methods of investigation and evidence gathering; rather, it serves as an important supplement that can significantly contribute to establishing the truth in criminal and other lawsuits. Its proper and judicious application, based on scientific principles and procedural requirements, opens new opportunities for the effective functioning of the justice system in modern conditions.
Certified forensic polygraph experts, who are members of the Forensic Expert Council of the Ukrainian Association of Polygraph Examiners (UAPE), can assist you in navigating the complex issues of appointing, organizing, and conducting forensic psychological examinations involving a polygraph. Here, we provide only a portion of the essential information.
Unlike the use of a polygraph during the pre-trial investigation stage as an auxiliary tool for gathering orientational information, a forensic examination is conducted within judicial proceedings for the purpose of obtaining an expert opinion that may serve as one of the sources of evidence in the case.
An expert polygraph examiner’s conclusion does not constitute absolute proof of a person’s guilt or innocence; it is considered one form of evidence, which the court evaluates in conjunction with other materials in the case.
The results of polygraph-based expert studies may provide a psychological basis for the court to establish elements of the subjective side of a crime, criteria for the individualization of criminal responsibility, and assessment of witness testimonies, as well as serve as a source for establishing guilt or innocence.
In circumstances where other evidence is indirect or contradictory, the conclusion of a psychological examination using a polygraph is often essential to the formation of the court’s internal conviction and can help to:
– confirm or refute the alibi of a suspect/accused person;
– establish or refute a person’s awareness of crime-related details that should be known by involved individuals;
– identify possible involvement in other criminal activities or clarify other important circumstances of the case.
Conducting a forensic examination using a polygraph requires strict adherence to procedural norms and methodological guidelines.
The conduct of forensic psychological examinations using a polygraph is regulated by:
1. The Law of Ukraine “On Forensic Examination”.
2. Relevant Codes of Ukraine (Criminal Procedure Code, Civil Procedure Code, Code of Administrative Procedure).
3. The Instruction on Appointment and Conduct of Forensic Examinations and Expert Researches and the Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies, approved by the Order of the Ministry of Justice of Ukraine No. 53/5 dated October 8, 1998;
4. DSTU 8692:2016. «Polygraphs. Technical Specifications Kyiv: SE «UkrNDNC» 2018.
5. DSTU 9266:2023. «Forensic Psychological Examination. Use of the Polygraph. General Requirements». Kyiv: SE «UkrNDNC», 2024.
When conducting forensic psychological examinations with polygraph use, experts must follow:
1) The Methodology for Conducting Forensic Psychological Examinations Using a Computerized Polygraph (listed in the Register of Forensic Examination Methodologies of the Ministry of Justice of Ukraine under No. 14.1.84).
2) Methodological Recommendations for the Use of Computerized Polygraphs in Certain Types of Forensic Psychological Studies.
Who can the client involve in conducting a forensic psychological examination with the use of a computerized polygraph?
According to Article 7 of the Law of Ukraine “On Forensic Examination”, forensic activities are carried out by:
– state specialized institutions, their territorial branches, and expert institutions of communal ownership;
– forensic experts who are not employees of these institutions;
– other specialists (experts) in the relevant fields of knowledge in the manner and under the conditions determined by this Law.
A polygraph examiner must:
– have a psychological education with an educational and qualification level not lower than a specialist;
– possess a state-issued certificate of advanced training in the field of polygraphology;
– have undergone appropriate training at state specialized institutions of the Ministry of Justice of Ukraine;
– be certified and receive qualification accreditation.
Certified forensic experts are included in the State Register of Certified Forensic Experts maintained by the Ministry of Justice of Ukraine.
Verify whether your expert is listed in the Ministry of Justice Register.
Grounds for conducting a forensic examination and materials required for preliminary review by the forensic polygraph expert:
According to Article 7-1 of the Law of Ukraine “On Forensic Examination,” the grounds for conducting a forensic examination are a relevant court decision, a decision of a pre-trial investigation body, or a contract with an expert or expert institution if the examination is conducted at the request of other persons.
The materials provided to the polygraph expert in advance should enable them to study the circumstances of the event under investigation and decide on the fundamental possibility of applying the computerized polygraph to resolve the tasks set by the client.
How should the client of a forensic psychological examination using a computerized polygraph correctly formulate the questions submitted for the expert’s examination?
The forensic expert can assist the client by:
– analyzing the client’s preliminary (tentative) list of questions for completeness and objectivity in accordance with the provided materials;
– advising whether the methodology of polygraph examination will allow these questions to be addressed in terms of both content and quantity.
The questions for examination must relate to a single topic, be clear and unambiguous, and not allow for free or multiple interpretations.
Obtaining the voluntary consent of the examinee is mandatory. This requirement is stated in Clause 6.8.2 Section 6 of the Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies.
In accordance with expert methodology requirements, a forensic psychological examination using a computerized polygraph must include several mandatory substantive modules:
1. Psychological examination of the examinee — studying their individual psychological characteristics and establishing their mental state etc.
2. Obtaining the examinee’s authentic statements directly from them, to more accurately formulate those significant test questions reflecting their version of events.
This ensures compliance with Article 3 of the Law of Ukraine “On Forensic Examination,” requiring that forensic activity be conducted objectively and comprehensively.
3. Pre-test interview, conducted directly before the polygraph examination, following the selected methodology and considering the results of the psychological study of the examinee.
4. Direct testing with the use of a polygraph in accordance with the requirements of the selected methodology.