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The main aim of the following paper is to draw the attention to problems concerning control of informants and assessment of the credibility of information provided by informants. So far, this issue has not been analysed thoroughly in Poland. Still, it becomes very significant when the information delivered information refers for example to preparations for terrorist attacks. The various operational methods which have been used so far to verify information are time-consuming and do not dispel all doubts. Objections are also raised about using polygraph examination since informants are often opposed to such formalized cooperation. In those situations, the focus should be on an alternative method of credibility assessment, i.e. the voice analyser. According to its producer, this is a better choice than the polygraph because it is not subject to various limitations. However, there are few methodologically appropriate scientific studies concerning the diagnostic value of voice analysing examination and those existing are mainly of an experimental character. Yet, devices of this kind are used in many countries of the world, both by security services and civil institutions. Several insurance companies in Poland make use of them and an interest in their functioning is shown by secret services and the police. Before these devices are used on a large scale in operation and investigation, two issues should be established after comprehensive scientific research; these are the actual accuracy in relation to the Polish population and an adequate scientific methodology.
EN
Long-standing experience in using the polygraph to investigate criminal cases is a direct proof of its usefulness and practical accuracy. Opponents of polygraph testing argue, among others, that owing to its low accuracy, polygraph results should not be admitted as evidence in criminal cases. And indeed, the accuracy expressed as the ratio of accurate to inaccurate outcomes is a good measurement of the method’s identification accuracy in forensic science. Generally, this method is admissible as evidence if its accuracy is at least at rates of 90% for evidential (court) purposes and not lower than 80% for investigative purposes, assuming that calculations do not include inconclusive results. The overall body of inconclusive results for a given method cannot exceed 20%. Polygraph tests are among those methods of forensic identification whose accuracy has been most thoroughly validated by methodologically different experimental methods and specific‑incident testing, as a result of which accuracy of polygraph testing has been proved sufficient for the purposes of court trial, let alone police investigations. Despite the said accuracy being different for the Control Question Technique (CQT) and Concealed Information Test (CIT), it is generally high and parallel with many other scientifically validated forensic methods, sometimes even higher, as it generates fewer false positive errors. Irrespective of its validity or reliability, often the polygraph test is simply a useful investigative tool.
EN
The article presents the issue of polygraph tests in Poland. It discusses the law in Poland concerning the use of the polygraph, and concentrates on Polish legal situation described in articles 192a and 199a of Polish Penal Code. In view of the Polish Penal Code law, passed on the 6th of January 1997, the issue of the use of the polygraph is controversial, and the position of the doctrine – divided and fragmented. The judicature in this matter is failing to respond to the issues presented. However, the fundamental doubts about the legitimacy or legality of the use of ‘lie detector’ in Polish lawsuits were rejected. It happened after the introduction of the criminal procedural law, which makes it possible to conduct polygraph tests on the basis of the amendment of the 10th of January 2003. The author presents the view that the tests conducted by the polygraph and their results are ancillary, indirect and should not be treated as a substitute for independent evidence. The article compares Polish legal regulations to similar regulations existing in systems of many European countries, and is concluded with a summary presenting final thoughts on the issue, such as the necessity of the consent of the person undergoing polygraph tests.
EN
The so-called methodological models of investigation, that is tools for carrying out reasoning which play a key role in the uncovering process and evidence proceedings, have been developed in recent years, based on the descriptive theory of evidence in criminal procedure. One of the methods to obtain evidence is the printing examination, where more information can reliably applied to logical inferences with the necessary elements to ensure the correctness of inferences. This article attempts to present a research perspective of the concept of these printing models, and thus using the conceptual apparatus, which has not been previously used in the analysis of these studies, demonstrate that the printing examination plays an important role in constructions proposed by the nowadays currents of reasoning processes. This conceptual apparatus enables the increase of the capacities of analysis and any possible review of the printing examinations with identification of weak points of the reasoning process. The article presents the basic assumptions of the models in order to transfer their abilities to interpret the opinion of printing examination from a methodological point of view. The reader is familiarized with the structure of the so-called Evidential argument, built on the basis of such opinions, and which reflects the expert’s reasoning process. In addition, the author mentions issues relating to the approximate analysis of the argument resulting from the study and its possible criticism by the process organ. The role of the printing examination is also discussed (or more precisely — its result) in the generated past scenarios of fragments of criminal investigations. The author concludes that the need for the so-called intersubjective control of printing examination opinions, is largely conditioned by the quality of work of an expert, with particular emphasis on the correctness of reasoning carried out in the course of expertise.
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