Author: VAP member Anton Chervonenko, graduate of the VAP polygraph examiner courses, 2023.
The use of the polygraph in Germany regularly provokes discussion within the professional community of lawyers and criminologists. The German legal system has developed a rather cautious attitude toward polygraph testing.
Legal Status of Polygraph Testing
It is important to note that German legislation does not contain a direct prohibition on the use of the polygraph as a technical instrument. At the same time, the decisive issue concerns the procedural admissibility of the results of polygraph examinations.
A key role in shaping the modern approach was played by the decisions of the Federal Court of Justice of Germany (Bundesgerichtshof), particularly the 1998 ruling, in which it was concluded that “the results of a polygraph examination cannot be used as evidence in criminal proceedings.”
The court based its decision on two main arguments:
- The absence of sufficient scientific consensus regarding the reliability of the methodology.
- The inability to guarantee that the physiological reactions of the examined person directly reflect the truthfulness or untruthfulness of their answers.
As a result, polygraph examinations were classified as methods that do not meet the standards of evidentiary reliability accepted in German criminal proceedings.
Law Enforcement Practice
Taking into account the position of the courts, German law enforcement agencies practically do not use the polygraph within the framework of criminal investigations. Even in cases where a person voluntarily expresses a willingness to undergo polygraph testing, such initiatives usually do not receive support from investigative authorities.
Within the professional community, there are known cases where foreign polygraph examiners offered to conduct tests on individuals located in Germany with their voluntary consent. However, local law enforcement authorities refused to allow such examinations, citing the lack of legal grounds for using the results of such testing in legal proceedings.
In practice, this means that even voluntary polygraph testing has no procedural significance in Germany.
The skeptical attitude toward the polygraph in Germany is explained by several factors.
First, the German legal system traditionally places special emphasis on the protection of personal freedom and human dignity. Any methods that may be interpreted as psychological pressure during interrogation or the verification of testimony are treated with great caution.
Second, in German criminal procedure there is a principle of the free evaluation of evidence by the court (freie Beweiswürdigung). However, the admissibility of evidence largely depends on its scientific validity. A significant number of German criminologists and psychologists believe that polygraph examination methods have not yet reached a sufficient level of standardization for use in judicial evidence.
Third, Germany’s historical experience after the Second World War has shaped a very cautious attitude toward any instruments related to the monitoring of a person’s psychological or physiological reactions.
Possible Areas of Polygraph Use in Germany
Despite the restrictions in criminal proceedings, the polygraph may practically be used in non-procedural contexts, for example:
– in private investigations
– in scientific research
– in consulting activities.
However, even in these cases the use of the polygraph in Germany is extremely limited and not widespread.
Comparison with Ukrainian Practice
The situation in Germany differs significantly from that in Ukraine, where the polygraph is actively used as a tool for personnel screening, internal investigations, as a supporting instrument during criminal investigations, and also in the conduct of forensic examinations.
Overall, Germany holds one of the most conservative positions in Europe regarding polygraph testing.
Conclusion
Thus, the polygraph in Germany is not formally prohibited as a technical instrument; however, its use in criminal proceedings is effectively excluded due to the courts’ position that the results of such examinations are inadmissible as evidence.
Even in cases where the examined person voluntarily agrees to undergo polygraph testing, such initiatives usually do not receive support from law enforcement authorities, since the results of such tests cannot be used as procedural evidence.
This makes Germany one of the European countries with the most limited use of polygraph examination methods.
Case from Practice: When Doubts Are Stronger Than Trust
In January 2026, an unusual respondent came to me for testing — a native German and a current law enforcement officer with more than 30 years of service. He specifically traveled to my office in Hamburg to undergo a polygraph examination.
Before the procedure began, the respondent signed a service agreement and carefully reviewed and signed a voluntary consent form to participate in the examination.
The reason for his request was a difficult situation in the family. According to the respondent, his relationship with his wife had recently become tense. His wife, a native of one of the African countries, began to experience serious distrust toward her husband. This distrust gradually turned into constant suspicions and conflicts. In order to clarify the situation and relieve the tension in the family, he decided to undergo an independent examination.
Despite his many years of experience in law enforcement, the respondent was noticeably nervous. This was reflected in typical physiological signs: sweaty palms, a moist forehead, and increased tension at the beginning of the procedure. Such a reaction is quite typical — even people who are well familiar with the law enforcement system experience stress when they find themselves on the other side of the testing process.
After the testing was conducted and the polygrams were subsequently analyzed, it became clear that no significant reactions indicating the respondent’s involvement in the discussed events were detected.
After the procedure was completed, I asked him a question I had long wanted to ask:
— Why did you decide to come specifically to me, and even from another city?
He smiled and answered quite simply:
— I had heard about the professionalism of Ukrainian polygraph examiners. You have a strong school and serious training.
Then, after a short pause, he added with slight irony:
— And, to be honest… my wife insisted very strongly.
Sometimes serious examinations are not about criminal stories, but about ordinary human relationships, where the main goal is not to find someone to blame, but to restore trust.
You can find more information on this topic at the following link – https://www.lietest.online/
