For a long time, there has been a lot of controversy regarding whether or not the use of the polygraph is legal. In most of the world, the use of this test has no real validity. This includes Spain, since, in criminal terms, this evidence is not admitted by any court, which is why the polygraph in the Spanish judicial field is something that must be taken into account.
However, this does not mean that these tests are not useful and it is that with a polygraph test you can help in different ways to solve a case. In this article we are going to touch a little more on this issue of the legality of polygraph tests in Spain.
Is the use of the polygraph legal in Spain?
The issue of the legality of the use of the polygraph test is highly questioned. However, it is important to note that there is no regulation in charge of regulating this issue in the country.
Unfortunately, despite the fact that it is not regulated, nowadays, the results of the polygraph do not have legal validity. Although this has more to do with habit than actual use, this is still a problem.
Although presenting a polygraph test may not have a bearing on the judge’s decision, it can be useful if justice is sought. And it is that through this investigation can be conducted to find the relevant evidence for the case.
Why isn’t a polygraph test taken as true?
The fact that the results obtained by a polygraph test cannot be used as evidence in a trial is due to the fact that it cannot be compared by other professionals. That is, even when the evidence is convicting, as long as it is not supported by other evidence, the results have no legal validity.
Of course, this is not something new, but it has been this way for a long time. However, this does not mean that it cannot give some vital results for research.
In fact, in the police and investigative field, the use of the polygraph is quite common. For example, intelligence agencies such as CNI can use this in order to conduct an investigation or to confirm a hypothesis.
However, despite being used for this purpose, the truth is that legally, it has no validity within the legal system. Of course, everything will also depend on the type of court in which the evidence is presented. For example, in the criminal field it is normal that this is not accepted, however, it may be better received in other courts.
It is very important to mention that, in these cases, it is the judge who has the final decision and decides whether to accept this as evidence or not. However, this will depend on the type of judge and the type of legal action being taken at the time.
Could polygraph tests be valid?
It is difficult to determine if in the future this type of evidence could begin to gain validity in the legal system. However, it is important to mention that these polygraph systems are becoming more advanced and the results they offer are more precise.
In this sense, it is likely that at some point they could be considered as valid evidence. Unfortunately, all these are speculations and we will have to wait to know if it is possible or not that they can be considered legal.
In any case, polygraph tests are used more and more, both in the legal sector and in others such as business, so their use has been spreading.