The use of a polygraph as the means of collecting evidence in the legislation of Republic of Serbia

A polygraph usage represents a complex set of procedures which include the preparing specially selected questions, measuring psycho-physiological responses to these questions and their complex interpretation aiming indirectly to detect false answers. The device itself cannot detect false answers. It is a tactical forensic tool that is used in pretrial proceedings as a means of elimination or as a guideline for detecting and collecting the other evidence which may serve as a basis of a court decision. In this paper, besides the most important facts about a polygraph, it has been taken a quick look on the questions of a legal resolution of the new Criminal Procedure Code from 2011 and the Police Act from 2005. Basic questions regarding the polygraph test are not fully regulated. The crucial thing is the protection of human rights and freedoms, particularly in terms of ones consent and free will during the interrogation in preliminary investigation proceedings.