Can the polygraph be a resource to aid defense attorneys in the criminal process?
Article 2(1)(1) of the Polish Code of Criminal Procedure indicates that its provisions intend to shape the criminal process so that the perpetrator of a crime is detected and held criminally responsible, while a person who has not been proven guilty is not. For this to happen, defense counsel must be able to use the tools that make it feasible to realise the constitutional right to defense by effectively rebutting the accusation. Polygraph tests, which have been present in the Polish criminal procedure for several decades, can successfully serve such a purpose. Their results in the majority of cases constitute exculpatory evidence for the persons examined. Unfortunately, they are still wrongly perceived as a method for detecting lies and providing proof of guilt.
