Polygraph?! Isn’t it time to “slow down”... - Lawyer Nikolaev Andrey Yurievich

What is a polygraph and the purposes of polygraph testing

A polygraph is a device with the help of which psychophysiological indicators are studied, the uniformity of breathing, heart function, electrical resistance of human skin, brain function, and muscle tension are recorded. To record the results, sensors are used to record the functioning of organs. The final indicators are recorded on electronic media using a computer.

The accuracy of the research is high; only 6-7 people out of a hundred can be tested so that the results are incomprehensible to experts.

Polygraphic testing is used when:

investigations of crimes (the involvement of certain persons in the case, the veracity of witness testimony is clarified);
mass research (persons who are employed by the company are checked; regular checks to identify problems with theft, betrayal, loans, debts).

Information obtained during the inspection can be used as confirmation of a person’s guilt. However, such evidence is only circumstantial.

There is also such a type of test as detecting lies by voice and facial expressions. The latter is based on the assumption of uniformity of facial muscles, and as a result, their changes.

Testing can pursue the following goals:

clarification of a person’s biography;
investigation of crimes;
identifying connections with the criminal world;
identifying the presence of addiction to alcohol, gambling, drugs;
obtaining information about a person’s past;
identification of criminal and evil intentions.

Frequently asked questions about polygraph examination

— What problems does an expert polygraph examiner solve?

He makes judgments about the degree of awareness of the person being examined about the event (its details) that served as the reason for conducting a psychophysiological study and judgments about the circumstances of the person being examined receiving information about the event (its details) that served as the reason for conducting a psychophysiological study.

— What questions are raised for research in the Resolution on the appointment of PFE?

To solve these problems, the Resolution on the appointment of PFE may define issues of the following form and content:

1. Are reactions revealed during a psychophysiological study using a polygraph that indicate that the citizen (full name) has information about the details of what happened? 2. If “yes,” then as a result of reflecting what particular circumstances could the surveyed person, full name, obtain this information? Could it have been received at the time of the event?

or 2. Are the reactions identified during a psychophysiological study using a polygraph consistent with the testimony of the full name in this case?
Examples of questions Regarding theft: 1. Are reactions revealed during a psychophysiological study using a polygraph indicating that Mr. Full Name has information about the details of the theft of property from XX in the basement of the house on the street.
XXX city N.? 2. If yes, then as a result of reflecting what circumstances the gr. Full name this information? Could it have been obtained at the time of the theft of property from XXX in the basement of the house on the street. XXX N.? On rape:

1. Are reactions revealed during a psychophysiological study using a polygraph indicating that the victim gr. Full name, born 19XX, has information about the details of sexual intercourse with the use of violence against her will by the suspect Full name, year of birth? 2. If yes, then as a result of reflecting what particular circumstances the gr. Full name this information? Could it have been obtained at the time of sexual intercourse with the use of violence against her? Full name against her will?

By murder:

1. Are reactions revealed during a psychophysiological study using a polygraph indicating that Mr. Full Name has information about the details of the deprivation of life of XXX? 2. If yes, then due to what circumstances could this information be obtained by full name? Could it have been received at the moment of taking the life of XXX?

— Is it possible to pose questions in the form —

— Does X. hide information about the circumstances of the crime committed against P. on December 26, 2008 at the address XXXX Street XXX, house No., apt. No., namely who, with what, in what parts of the body, in what quantity struck the victim, in what position was the victim at the time of the blows, etc.?

— Is expert N. telling the truth about the transfer of funds to Mr. FULL NAME?

Resolving issues in a similar formulation contained in the decision on the appointment of an examination is not within the competence of the expert, since it involves identifying circumstances, in accordance with Art. 73 of the Code of Criminal Procedure of the Russian Federation subject to proof, while in accordance with Art. 74 of the Code of Criminal Procedure of the Russian Federation, the expert’s opinion is a source of information on the basis of which the presence or absence of circumstances to be proven in criminal proceedings, as well as other circumstances relevant to the criminal case, is established by the court (prosecutor, investigator, inquirer). According to Art. 16 of the Federal Law “On GSED”, the expert is obliged to draw up a reasoned written message about the impossibility of giving an opinion and send this message to the body or person who ordered the forensic examination, if the questions raised go beyond the expert’s special knowledge.

— Do your specialists of the League of Polygraph Examiners of Siberia have the right to conduct polygraph examinations?

Article 195 of the Code of Criminal Procedure of the Russian Federation on the Procedure for appointing a forensic examination states: “Forensic examination is carried out by state forensic experts and other experts from among persons with special knowledge.”

Part 3, paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2010 No. 28 “On forensic examination in criminal cases” explains that “non-state forensic institutions should be understood as non-profit organizations (non-profit partnerships, private institutions or autonomous non-profit organizations) created in accordance with the Civil Code of the Russian Federation and the Federal Law “On Non-Profit Organizations”, carrying out forensic expert activities in accordance with the charters adopted by them.”

“Possession of special knowledge” by specialists of the League of Polygraph Examiners is confirmed by the presence of state-issued documents.

— Do your polygraph experts have a license to conduct PFE?

In accordance with the current legislation of the Russian Federation, licenses, accreditations and special departmental certificates are not required . Special knowledge of experts is confirmed by the attached diplomas, certificates and certificates of education, completed in accordance with the state. requirements.

— What equipment is used when performing PFE?

Our experts produce PFE using modern equipment that meets all safety requirements and technical standards. The expert must always have documents confirming such compliance. Basically, these are computer polygraphs: “Lafayette”, “Diana”, “Peak”, “Epic”, etc. In addition, the expert must use equipment to produce audio and video recordings of the entire course of the examination.

— What experience do your polygraph examiners have?

In accordance with Article 57 of the Code of Criminal Procedure of the Russian Federation: Expert is a person with special knowledge and appointed in the manner established by this Code to conduct a forensic examination and give an opinion.

“Special knowledge” - confirmed by educational documents. There is no reference anywhere in the law to the requirement of experience in using a polygraph. However, we recognize the necessity of having such a qualifying feature of an expert as experience. And all polygraph experts of the Siberian League of Polygraph Examiners are practicing polygraph examiners with more than 10 years of experience.

— What kind of conclusion does the expert give after the study? The competence of the polygraph examiner includes formulating a conclusion - is the person being examined informed - and to what extent - about the event or its details that are of interest to the initiator of the PFE? Is (if yes) this awareness determined by the presence (absence) in a person’s memory of images formed in connection with what happened? This conclusion in form can be categorical, unambiguous, unconditional. Since its correct interpretation without the use of special knowledge in the field of polygraphology is difficult, the polygraph examiner must also make a judgment about the circumstances of the person being examined receiving information about the event that gave rise to the PFE. In this case, the polygraph examiner’s conclusion can be either categorically conditional or probable. If there is sufficient data, a categorical conclusion can be formulated about the existence (absence) of a causal relationship between ideal traces and the circumstances that led to their formation, which in any case is conditional and must include a reference to the fact that it was made taking into account the data contained in the case materials , or reported to the polygraph examiner by the person being examined. Formulating a conclusion about the existence of an event or individual circumstances of a crime is not within the competence of a polygraph examiner, because in accordance with Article 74 of the Code of Criminal Procedure of the Russian Federation, a specialist’s opinion (expert opinion) is a source of information on the basis of which the presence or absence of circumstances to be proven in criminal proceedings, as well as other circumstances relevant to the criminal case, is established by the court, prosecutor , investigator, inquiry officer in the manner prescribed by the Code of Criminal Procedure of the Russian Federation.

— How does a specialist’s opinion differ from an expert’s opinion?

Article 80 Conclusion and testimony of an expert and specialist (as amended by Federal Law No. 92-FZ of July 4, 2003)

1. Expert opinion conclusions presented in writing on the questions posed to the expert by the person conducting the criminal proceedings or the parties.

2. Testimony of an expert - information provided by him during an interrogation conducted after receiving his conclusion, in order to clarify or clarify this conclusion in accordance with the requirements of Articles 205 and 282 of this Code.

3. A specialist’s conclusion is a written judgment on the issues posed to the specialist by the parties (part three was introduced by Federal Law No. 92-FZ of July 4, 2003).

4. Testimony of a specialist - information provided by him during interrogation about circumstances requiring special knowledge, as well as an explanation of his opinion in accordance with the requirements of Articles 53, 168 and 271 of this Code (part four was introduced by Federal Law of July 4, 2003 N 92-FZ) .

— How does an examination differ from a regular study?

A specialist, like an expert, conducts research, but the difference between a specialist’s research and an expert’s research is based on such a feature as the depth of the research.

The activity of a specialist is based on the empirical level of knowledge (evidence) and is limited to simple conclusions, which constitute a type of judgment. The activity of an expert is carried out not only at the empirical, but also at the theoretical (logical) level.

A specialist’s opinion cannot replace a full-fledged forensic examination, especially in cases where its production is mandatory by virtue of a direct indication of the law or recommended by the Supreme Court of the Russian Federation.

A specialist’s opinion is the only form of research before the initiation of a criminal case.

— Are the results of the PFE decisive in proving guilt in a crime?

When assessing evidence, they are guided by a well-known rule: no evidence has pre-established force (Part 2 of Article 17 of the Code of Criminal Procedure of the Russian Federation).

— Is it possible to conduct a psychophysiological examination on one’s own initiative without the permission/order of the investigator or the court?

An examination conducted privately without the issuance of a corresponding decision by an authorized person has no procedural significance and references to it in the verdict are unfounded.

“Expert opinion,” says Judge of the Supreme Court of the Russian Federation E.P. Kudryavtseva. in the commentary to the Resolution of the PVS of the Russian Federation as amended on February 6, 2007 [1], - obtained at the initiative of the accused or his defense attorney, and not by order of the court, the person conducting the preliminary investigation or the prosecutor, cannot be added to the materials of the criminal case as evidence "

Article 195 of the Code of Criminal Procedure of the Russian Federation, Article 283 of the Code of Criminal Procedure of the Russian Federation “only the investigator and the court are vested with the right to appoint an examination.” “Other persons of the prosecution (victim, representative, etc.), as well as representatives of the defense, can only make a request to order forensic examinations.”

— What to do if the investigator conducting the investigation refuses to prescribe PFE?

It is possible to conduct a psychophysiological study to provide a specialist opinion , which can be initiated by representatives of both the prosecution and the defense.

If you still have questions about polygraph examination, call us or write from the website

Factors influencing the results of research

The circumstance that is fundamental in checking a person’s honesty using a polygraph is drawing up a list of questions. For writing, experts use the following rules:

Clear and understandable wording of the question to avoid double interpretation.
The question should not contain unnecessary words.
A clear vocabulary is used.
The question should provide an opportunity to answer either “yes” or “no”.
Key words are located at the end of the sentence.
The question must not contain insults or threats.
It is very important to write short questions to make it easier to elicit reactions.
The test should consist of no more than 20 questions.
Any test is presented 2 times.
Be sure to explain all questions before the test.

There are also a large number of other factors that can influence the results, namely:

knowledge and experience of a polygraph examiner (according to international standards, this type of profession is studied only on a full-time basis);
deciphering the results (it is necessary to follow generally accepted methods and concepts);
attitude towards the subject (the possibility of a specialist’s biased attitude towards him should be excluded);
biases of the person being tested;
unbalanced mental state of the person being tested;
physiological condition (presence of heart disease, intoxication or exposure to medications, studies of children).

How does a polygraph test work?

The polygraph test algorithm is as follows:

Polygraph testing is carried out only after obtaining written consent from the subject. If a person refuses to be tested, the polygraph examiner will draw up a statement indicating the reason for the refusal.
Before the start of the research, an introductory conversation is held about how many questions will be asked, their meaning is clarified, the rights of refusal are listed, as well as other details of the check.
At the next stage, the specialist obtains an unambiguous understanding of all questions for the subject.
The expert attaches and configures the necessary sensors.
Next, the presentation of test and control questions begins. That is, first, those questions are asked to which the expert knows the answer exactly, for example, age, full name, family information. You are given up to 30 seconds to respond. After each test is completed, any details or reactions may be clarified.
After testing is completed, a discussion is held regarding the results. The results of the study are confidential information; only the person who ordered the test and the subject can know them.
In cases where the check is carried out at the request of the company, the polygraph examiner does not have the right to find out answers to questions of a personal nature, about political or religious views, etc.

It should be noted that the lie detector test is carried out without the presence of any unauthorized persons. The parent or guardian of a minor child has the right to be present.

The polygraph won't ask too much

Sergey Valerievich, do your students worry during the study?

Sergey Ivchenko: Our main contingent is candidates for service in the internal affairs bodies. In addition, current employees appointed to a higher position are tested. Those who come for the first time usually feel nervous. To relieve tension, we first talk with the candidate and try to establish psychological contact with him. Then we show how the polygraph works. This is a computer with a sensor unit and sensors that record physiological indicators of the body. And besides, we explain how to behave in a chair, we even offer to sit in it and adapt.

How should you behave?

Sergey Ivchenko: I advise you to take, relatively speaking, the pose of a sphinx. The chair has wide armrests. You need to place your hands completely on them, place your feet on the floor with your entire feet, and look in front of you. The eyes should not run around, and you shouldn’t squint them too much either. Sensors are attached to a person, they are also built into the armrests, backrest, seat, and under the legs of the chair. The slightest movement of your fingers or toes, slight tremors, muscle tension - everything will be reflected on the monitor. If the movement is repeated, we regard this as opposition to the polygraph and have the right to stop the study.

Maybe the person is too emotional...

Sergey Ivchenko: If you rely only on the indicators of the device, a specialist is not needed. When in doubt, we conduct other studies, check and double-check the data. Here's a practical example. A young man was applying for a job with us. During testing, we talked to him about drugs. The guy admitted that he tried them once during his military service. Did not like. I start asking questions, and immediately the polygrams (graphs) show increased psychophysiological reactions: the heart began to beat faster, breathing became irregular, in a word, the body behaved differently. The young man claims that he did not commit anything related to drug trafficking. Let's move on to the questions. The reaction is the same. As a result, they concluded: the person is hiding something. After some time, he was invited again. He said he took drugs not once, but more than four times. He hid the whole truth, but his body gave him away. There are very conscientious people among the test takers. One, for example, remembered how, as a child, he stole a friend’s phone, then he felt ashamed and threw it to the owner. Can a person be considered a thief? We do not make hasty decisions. We approach each individual individually.

Do you always discuss topics before testing?

Sergey Ivchenko: Definitely. The topics are open, they relate to drug trafficking, weapons, connections with the criminal world, committing crimes, the tendency to abuse official powers, etc. We do not go beyond the scope of the topic. This is not an interrogation, but a dialogue, we are not trying to extract any information. It is important to obtain objective data. Therefore, a person must be calm and answer questions clearly. If he doesn't understand something, he can ask about it. The procedure itself is quite monotonous and leisurely, taking on average at least two hours.

Were there anyone in your practice who did not complete the study?

Sergey Ivchenko: Everyone passes the polygraph. But about ten percent of test takers hide negative information.

Is it possible to fool a polygraph?

Sergey Ivchenko: The detector evaluates physiological indicators that cannot be controlled. You can probably learn to control your emotions and outwit the technique, but it is impossible to deceive an experienced polygraph examiner. In addition to sensor readings, we monitor intonation, voice timbre, and gestures. Special techniques have been developed to distinguish truth from lies.

If a polygraph can bring anyone to clean water, where do corrupt officials come from?

Sergey Ivchenko: It’s difficult to answer this question definitely. You need to know all the circumstances of the case. Besides, the polygraph examiner is not a gypsy. A specialist has the right to ask questions only about facts that have already happened and cannot predict the future. According to the standards, the polygraph examiner’s conclusion is valid for a year. But a person changes. Perhaps he was sincere at the time of testing, and then changed. By the way, we do not accept polygraph data as evidence in court. The study is quite reliable, but still contains additional information and is probabilistic in nature. If, for example, the investigation did not support its accusation with an impeccable evidence base, the polygraph will not save you.

Meanwhile

Private organizations have appeared in Kurgan offering psychophysiological polygraph testing. As one of the companies said, employers most often turn to them to verify the integrity of employees or to test an applicant for a higher position. But sometimes married couples come in wanting to test one of the spouses with a lie detector.