The use of the polygraph in private prosecution cases (115 of the Criminal Code of the Russian Federation)

[Частный детектив ОДБ. Новосибирск.]

An application was filed to my client with a magistrate court - they are charged under 115 of the Criminal Code (Intentionally causing minor harm to health)

“Victim” is an antisocial personality, my client’s neighbor, for the last 6 years, she has been constantly provoking her into conflicts, insults, etc. her husband is a witness in the case.
On the day of the conflict, when my client allegedly beat her, she recorded beatings in the emergency room (either she inflicted them on her own, or her husband tried her either ......)
there are no witnesses to the conflict except her husband

To prove her innocence, I want to conduct a psychophysiological examination of my client using a polygraph.

Interested in the practice of using a polygraph in such cases.

 

[Частный детектив. Владивосток.]

If I’m not mistaken, you need to petition the court to conduct a polygraph examination of the client, for money, however, it’s unprofitable, from “terpily”, as I understand it, you won’t shake the money as compensation, but you can recapture the lawsuit ...

 

[Адвокат]

1) Examinations in criminal cases are carried out at the expense of the state.
Later court may lay the convict, or the person in respect of whom the case was dismissed due to a non-rehabilitating circumstance, the obligation to reimburse the state for legal costs, or maybe not , and usually doesn’t.

2) The Order of the Ministry of Justice of the Russian Federation dated May 14, 2003 N 114 (Appendix No. 1) approved the List of births (types) of examinations carried out in forensic institutions of the Ministry of Justice of the Russian Federation, providing for a type of psychological examination during which a psychology study is conducted and human psychophysiology, during which it is possible to conduct research using a polygraph. However, as a result of such an examination in a criminal case, it will be possible to use an assessment of the personality of the examined person, in particular:
- Establishment of the ability of mentally healthy accused, witnesses and victims to perceive the circumstances relevant to the case and to give correct evidence about them.
- Establishing the ability of juvenile defendants lagging behind in the mental development to fully recognize the significance of their actions and determining the degree of ability to manage their actions.
- Establishing the presence or absence of the accused at the time of the commission of unlawful actions, the state of physiological affect or other emotional states that can significantly affect his consciousness and activity.
- Establishing the possibility of the occurrence of various mental states in a subject or identifying individual psychological characteristics that make it impossible or difficult to perform professional functions (in aviation, automobile and railway transport, in the work of an operator of automated systems in production, etc.).
- Establishing the presence or absence of a person in the period preceding death, a mental state predisposing to suicide.
- The establishment of the accused individual psychological characteristics that could contribute to the commission of specific unlawful acts.

3) As far as I understand, are you more interested in the opportunity to prove with the help of a polygraph that the “victim” and her husband give knowingly false testimonies? Unfortunately, the current Code of Criminal Procedure does not provide for the use of a polygraph specifically for these purposes. Those. even if the interrogated person himself agrees to an interrogation using a polygraph and the polygraph shows that the interrogated person is lying, the conclusions of the polygraph cannot be used as evidence.

 

[Детективное агентство Симферополь]

An application was filed to my client with a magistrate court - they are charged under 115 of the Criminal Code (Intentionally causing minor harm to health)

“Victim” is an antisocial personality, my client’s neighbor, for the last 6 years, she has been constantly provoking her into conflicts, insults, etc. her husband is a witness in the case.
On the day of the conflict, when my client allegedly beat her, she recorded beatings in the emergency room (either she inflicted them on her own, or her husband tried her either ......)
there are no witnesses to the conflict except her husband

To prove her innocence, I want to conduct a psychophysiological examination of my client using a polygraph.

Interested in the practice of using a polygraph in such cases.

Alexander, what except the husband’s witness, the plaintiff has no more evidence ???
And how did they beat her? Hands? And I didn’t take the client to the doctors, to take evidence that there are no traces of physical effects on the limbs? Do neighbors confirm that the plaintiff is a scoundrel and provokes a client for 6 years?
I think this situation is not worth the polygraph. Any normal lawyer will ruin this case and, in response, a statement to the 306 Criminal Code.

 

[Адвокат]

Analyze the opportunity to catch the “victim” and her husband in contradictions.
If the case is being investigated by the inquiry - wait, do not catch them before the trial.
During the trial, you can, on the basis of the request of the accused, act as her representative.
Prepare a list of questions that will help you prove to the judge the falsity of all the charges:
1) make up 3-4 copies of the scheme of the scene of the incident, if the events incriminated by your client occurred in the apartment, take the plan of the apartment, with the exact dimensions.
2) Surely in general terms, the Client already knows what the neighbors are going to give approximately evidence in court. Based on this, consider what they can pierce on. At the trial, participants are interrogated in turn, i.e. only the first interrogated gets the opportunity to hear the testimony of the second. In the second, it is necessary to catch on the contradictions.
Sample questions:
a) what all the persons present at the time of the conflict were dressed
b) ask during the interrogations of each of them to depict on a clean copy of the scheme:
- who and where was at the time of the conflict,
- how all these persons moved at the time of the conflict,
- ask to draw a trajectory of movement of each of them at specific moments of the conflict,
- The description of the conflict itself is especially important: who, to whom, on what parts of the body, what, what blows did it, what did you say.
Liars, as a rule, do not work out such details and can be pierced.

Conduct other events:
- call the neighbors for a conversation, during which they “cheat” them so that they begin to express their innermost desires by any means put the Client in the heat of quarrels, they can say that they will file a complaint with the court (to the police) with a complaint - Any actions that the Client has not performed can and on the merits of the complaint slip out - record such a conversation. Even if such a record is recognized as improper evidence, the judge is a person and psychologically doubts will already settle in her soul;
- collect information about the availability of compromising information, negative characteristics on the "victim" and her husband; submit a request for the request of such information, indicating as the basis for obtaining such information - the collection of information characterizing the side of the process.

 

[@InfoPoisk]

The use of the polygraph in private prosecution cases (115 of the Criminal Code of the Russian Federation)

And who brought the case?
As I understand it, 115 of the Criminal Code of the Russian Federation, the case of private prosecution and the burden of proof lies with the victim.
What endured is suitable under part 4 of article 20 of the Code of Criminal Procedure?
If there is no lawfulness in initiating a criminal case or is this an additional step in the framework of the investigation of another?

 

[Частный детектив. Владивосток.]

These polygraph examinations are not evidence in court, that’s right ... But ... The judge makes a decision based on his inner convictions, worldview, etc., I don’t remember how they formulate the whole thing ... There are many court precedents, where the court took into account the research carried out using a polygraph ... As I understand it, the customer also has a lawyer, in addition to the hired detective Alexander, so the lawyer needs to be sent to that direction, to take out the judicial practice and act ... Dig up the plaintiff about her antisociality, take a picture “beautifully”, catch it in some indecent way, such as shooting a car, and she accidentally got into the frame, and all this went to court ...

 

[Адвокат]

Given that in criminal cases the examination is carried out at the state’s expense, it is unlikely that a judge will agree to appoint an examination using a polygraph for such a minor offense (in terms of the gravity of the act).
Therefore, I consider this path a dead end.

 

[Частный детектив ОДБ. Новосибирск.]

Private detective. Vladivostok. Yesterday, 12:18
If I’m not mistaken, you need to petition the court to conduct a polygraph examination of the client, for money, however, it’s unprofitable, from “terpily”, as I understand it, you won’t shake the money as compensation, but you can recapture the lawsuit ...

I wanted to conduct a polygraph examination of the client before the trial.
and it’s possible to try to use the results of a polygraph examination to initiate proceedings on 306 of the Criminal Code in relation to “terpila”

Lawyer ”Yesterday, 13:04
3) As far as I understand, are you more interested in the opportunity to prove with the help of a polygraph that the “victim” and her husband give knowingly false testimonies? Unfortunately, the current Code of Criminal Procedure does not provide for the use of a polygraph specifically for these purposes. Those. even if the interrogated person himself agrees to an interrogation using a polygraph and the polygraph shows that the interrogated person is lying, the conclusions of the polygraph cannot be used as evidence.

The “victim” will probably refuse the polygraph, but my client is ready to go through it in order to confirm that she didn’t cause the “injured” injuries and didn’t touch her with her finger

Private detective. Moscow. Moscow region Yesterday, 13:30
Alexander, what except the husband’s witness, the plaintiff has no more evidence ???
And how did they beat her? Hands? And I didn’t take the client to the doctors, to take evidence that there are no traces of physical effects on the limbs? Do neighbors confirm that the plaintiff is a scoundrel and provokes a client for 6 years?
I think this situation is not worth the polygraph. Any normal lawyer will ruin this case and, in response, a statement to the 306 Criminal Code.

In addition to the witness - the husband, there is no one else.
interviewed neighbors - no one heard anything, etc.

4 days have passed from the moment of allegedly causing injuries to the removal of the beatings !!! (I only found out about this a few hours ago)
except how to ruin the matter, you need to wean the "victim" to try to earn money on the client in this way
In general, I would very much like to bring the case to 306 CC

Lawyer "Yesterday, 18:13
Given that in criminal cases the examination is carried out at the state’s expense, it is unlikely that a judge will agree to appoint an examination using a polygraph for such a minor offense (in terms of the gravity of the act).
Therefore, I consider this path a dead end.

a client is ready to pay for a polygraph

 

[Адвокат]

a client is ready to pay for a polygraph

By criminal side affairs do not pay expertise.

Your client, of course, can privately, and not in criminal proceedings, undergo a paid examination using a polygraph and submit the results of this examination to the court, but alas, the judge at best will take them into account, and in the worst, may recognize the evidence as unacceptable.

Using a polygraph in a minor crime case is a waste of money.

My strong conviction is that in the course of the trial it is necessary to catch the prosecution on a lie, as well as to collect more information that negatively describes the “Victim” and her husband.

To catch the scammers on a lie, you need to carefully prepare yourself, thinking through your actions several steps ahead.