THE USE OF A POLYGRAPH DURING THE INVESTIGATION OF MURDERS INVOLVING DOMESTIC VIOLENCE

Abstract

The article considers the application of a polygraph (lie detector) psychophysiological examination while the investigation of criminal offenses, namely murders committed with domestic violence. The current legislation of Ukraine, which regulates the application scope of examination with the use of a polygraph, its problems and prospects for development is analyzed.

The article purpose is to analyze the essence of polygraph (lie detector) psychophysiological examination, establish the principles of its application, the basic requirements for persons in respect of whom a polygrtaph is used, identify the role of psychophysiological examination in the investigation of murders involving domestic violence.

When conducting scientific research, the dialectical method was used, that is all the phenomena connected with the use of a polygraph in their interconnection, interdependence and the device historical development were analyzed. The operation of the device with the help of which a polygraph psychophysiological examination is carried out were described using the methods of analysis and synthesis. Besides, the methods of modeling, deduction, observation, etc. Were used in the preparation of scientific paper content.

Having analyzed the practice of using a polygraph in the world in many countries, we can admit that polygraph psychophysiological examination is regulated by a specific law, or by specific legal norms or regulatory legal acts, is appointed and conducted in case of inconsistencies while criminal offenses investigation, namely:

• when there are direct contradictions between the testimony of the investigation participants;
• when there is a contradiction between the testimony of the interrogated persons and other evidence in the criminal case;
• when there is no evidence in the case.

Ukraine is only at the stage of legalizing the use of polygraphs during criminal offenses investigation. This is evidenced by the bills, in particular:

• 3611 dated 10.12.2015 “On supplementing the Criminal Procedural Code of Ukraine with provisions on the use of a polygraph (lie detector)”
• 4094 dated 17.02.2016 “On protection of the persons rights undergoing polygraph test (examination)”
• 4094-1 dated 04.03.2016 “On polygraph activity”

The use of a polygraph while psychophysiological examination in the activities of Ukrainian law enforcement agencies is not actively applied. This situation arises due to subjective and objective reasons, one of which is gaps in the legislation; but we are on the way to regulating such relations. In particular, the practice of developed countries such as the United States, China, Japan and others reflects the effeciency of this device use.

Summarizing the above, it can be concluded that the use of a polygraph while criminal proceedings, in particular in the investigation of murders involving domestic violence, possesses the principles of practical application. The appointment of a polygraph psychophysiological examination creates appropriate conditions for an investigator work in order to conduct a qualified, impartial investigation of a murder involving domestic violence.