Original scientific paper
https://doi.org/10.31141/zrpfs.2023.60.147.145
Polygraph Examination – A Different View and New Perspectives
Zvonimir Tomičić
orcid.org/0000-0001-6159-6475
; University of Osijek, Faculty of Law
Abstract
The paper examines some hithertoun questioned positions related to the use of polygraphs for
the purpose of criminal proceedings in the Republic of Croatia. This is done through a brief historical
overview of the emergence of the oretical position svalid today regarding theusability of polygraph
test results and their comparison with recent developments in comparative law and Croatian judicial
practice. Then, through the analysis of the normative framework, a gray area of application is
detected that is present in the phase of police action against the suspect, as well as other problems
caused mainly by the inconsistency of the main legal sources on which the use of the polygraph
depends. Based on the analysis carried out, the paper proposes a new approach to regulating the use
of polygraphs for the purposes of criminal proceedings. A concept is offered in accordance with
the basic principles of Croatian criminal procedur allaw, which would meet the current needs in
terms of the protection of the defendant’s rights and the efficiency of proceedings, and at the same
time would be ready for the challenges that due to the development of new technologies, especially
artificial intelligence, lie ahead for the principle of free evaluation of evidence in the near future.
Keywords
polygraph; polygraph examination; free evaluation of evidence; in dubio pro reo; artificial intelligence
Hrčak ID:
296636
URI
Publication date:
28.3.2023.
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