在调查涉及家庭暴力的谋杀案时使用测谎仪

K. Shapoval
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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. \nThe 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. \nWhen 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. 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引用次数: 0

摘要

本文探讨了在刑事犯罪,即家庭暴力杀人案件的侦查中运用测谎仪进行心理生理检查的问题。分析了乌克兰现行立法对测谎检查的适用范围、存在的问题及发展前景。分析了测谎仪心理生理检查的本质,确立了测谎仪的应用原则,对测谎对象的基本要求,确定了心理生理检查在调查涉及家庭暴力的谋杀案中的作用。在进行科学研究时,采用辩证的方法,即分析与测谎仪使用有关的各种现象之间的相互联系、相互依存关系以及测谎仪的历史发展。用分析和综合的方法描述了该装置在测谎心理生理检查中的工作原理。此外,还有建模、演绎、观察等方法。均用于编制科学论文的内容。分析了世界上许多国家使用测谎仪的实践,我们可以承认测谎仪心理生理检查是由特定的法律规定的,或者是由特定的法律规范或规范性的法律行为规定的,是在刑事犯罪侦查中出现不一致的情况下进行的,即:当侦查参与者的证词之间存在直接矛盾时;被讯问人的证言与刑事案件中其他证据有矛盾的;在没有证据的情况下。乌克兰只是处于刑事犯罪调查中使用测谎仪合法化的阶段。这一点在法案中得到了证明,特别是:2015年12月10日的3611“关于补充乌克兰刑事诉讼法中关于使用测谎仪(测谎仪)的规定”,2016年2月17日的4094“关于保护接受测谎仪测试(检查)的人的权利”,2016年3月4日的4094-1“关于测谎仪活动”,在乌克兰执法机构的活动中,心理生理检查时使用测谎仪没有得到积极应用。造成这种状况的原因有主客观两方面的原因,其中之一是立法上的空白;但我们正走在规范这种关系的路上。特别是美国、中国、日本等发达国家的实践,体现了这一装置的使用效率。综上所述,可以得出结论,在刑事诉讼中,特别是在调查涉及家庭暴力的谋杀时,使用测谎仪具有实际适用的原则。指定测谎仪进行心理生理检查,为调查人员的工作创造了适当的条件,以便对涉及家庭暴力的谋杀案进行合格和公正的调查。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE USE OF A POLYGRAPH DURING THE INVESTIGATION OF MURDERS INVOLVING DOMESTIC VIOLENCE
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.
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