Is a Polygraph Result Evidence in Court?

The question of whether a polygraph can be used as evidence in a Polish court is one of the most frequently asked questions by those planning a polygraph examination. The answer is nuanced: the opinion of an expert polygraphist is not direct evidence decisive in the matter, but is full-fledged evidence in the proceedings — qualified as an expert opinion (Article 193 of the Code of Criminal Procedure, Article 278 of the Code of Civil Procedure), which the court takes into account when assessing the overall evidence. In this article, we explain when polygraph in court is effective, what conditions must the opinion meet and in what types of proceedings is it most often used.

The short answer is yes, as an expert opinion.

In the Polish legal system, the opinion of an expert polygraphist has the status of evidence. full-fledged. The court evaluates it according to the principle of free evaluation of evidence (Article 7 of the Code of Criminal Procedure, Article 233 of the Code of Civil Procedure) and may base its decision on it—provided that the opinion meets methodological requirements, the expert is certified, and the examined person has given written consent. Regional and district courts in Poland are increasingly allowing such opinions—particularly in civil, family, commercial, and criminal proceedings.

Legal basis

Expert evidence is regulated in three main acts:

Code of Criminal Procedure (Articles 193-201 of the Code of Criminal Procedure) — applies to criminal cases. The court may appoint an expert if determining circumstances of significant significance requires special knowledge.
Code of Civil Procedure (Articles 278-291 of the Code of Civil Procedure) — similar regulations for civil, economic and family matters.
Code of Administrative Procedure (Article 75 of the Code of Administrative Procedure) — in administrative proceedings an expert may also be appointed.

A polygraph does not have the status of "direct evidence" under Polish law, like DNA or CCTV recordings, but it does have the status of full-fledged expert evidence, which the court evaluates along with other evidence.

Conditions for the admissibility of a polygraph opinion in court

For an opinion to be accepted and have procedural value, four conditions must be met:

Voluntary written consent of the examined person before the session. Without consent, the opinion is invalid and may violate constitutional rights (Articles 31 and 41 of the Constitution of the Republic of Poland).
Certified expert (APA, EPA or equivalent), with appropriate education and experience documented in the opinion.
Methodology in line with international standards — Utah ZCT, MGQT, or AFMGQT protocols, as described in the opinion.
Full documentation — record of questions, physiological graphs (chart), equipment description, ESS score, copy of consent.

An opinion that meets these requirements is practically methodologically unchallengeable by the other side of the case – and the court has strong arguments to take it into account.

In what types of proceedings is the polygraph used?

Criminal cases

Most often, it occurs in cases involving property crimes (theft at work, embezzlement), economic crimes (fraud, bribery), and increasingly in cases involving false reporting of a crime and false accusations. District courts in Warsaw, Krakow, Wroclaw, and Katowice have a consistent practice of admitting polygraph reports as supplementary evidence in criminal cases.

Civil and commercial matters

Disputes between company shareholders, disputes over breach of contract, and compensation cases with insurance companies (where the veracity of the reported damage is verified). The Supreme Court has confirmed in several rulings that the polygraph report is fully-fledged expert evidence.

Family matters

In cases involving divorce, division of property, child custody, and alimony, polygraphs are used to verify the parties' statements—especially in cases where one spouse accuses the other of inappropriate behavior toward the child, alcoholism, concealing assets, etc. District courts for family matters are increasingly allowing such opinions.

Employment matters (social jurisdiction)

In cases involving disciplinary dismissal, harassment, and protection against discrimination, a polygraph report can be used by an employer or employee to strengthen their version of events. corporate matters this is an increasingly common practice.

Can the court force you to take a polygraph test?

NO. The Polish Constitution guarantees the inviolability of personal liberty (Article 41). A court has no authority to order someone to undergo a polygraph examination against their will. A party who refuses to undergo a polygraph examination does not face formal procedural consequences. However, the court may consider a refusal as part of its discretionary assessment of evidence (Article 233 of the Code of Civil Procedure) along with other circumstances of the case—and is often interpreted as weakening the credibility of the refusing party.

How to order a polygraph report for court

There are three paths:

Private opinion — the party to the proceedings independently requests an opinion and submits it to the court in a procedural document. The court is not bound by this opinion, but reads and takes it into account. Price: from PLN 1,500, more in price list.
Court-ordered opinion — The court issues a decision appointing an expert upon a party's request. The expert receives an evidentiary thesis from the court and prepares an opinion based on that thesis.
Opinion in arbitration/mediation — the parties may jointly commission an expert opinion and treat his conclusion as binding in the mediation proceedings.

What does a professional polygraph report for the court include?

A professional opinion must contain the following elements to be of value to the court:

Data of the examined person and data of the expert with the APA certificate number.
Date, place and duration of the study.
Hardware description (polygraph model, calibration, software).
Description of the methodology (protocol: Utah ZCT / MGQT / AFMGQT).
Full transcript of relevant, control and neutral questions.
Copies of physiological graphs (charts) from individual series.
ESS scores for each series.
Final conclusion: truth / lie / unresolved.
Copy of the subject's written consent.
Bibliography with references to scientific studies confirming the effectiveness of the method.

What to do when the other party challenges your opinion

The most common challenges to polygraph reports in Polish courts include: allegations that the expert lacks qualifications, allegations that the questions were poorly worded, or allegations that the examinee was under the influence of alcohol or medication that could affect the results. A professional report with full documentation (APA certificate, protocol description, copy of consent, medical history from the day of the examination) effectively refutes all of these allegations. If another expert is appointed, a supplementary report can be submitted. More: service page polygraph in court.

Price and appointment of the opinion for the court

Expert opinion for the court (extended, with full procedural documentation): from 1500 PLN. Full rates on the website price list for polygraph examination. We work directly with law firms—we can invoice the firm and provide feedback directly to the party's attorney. Timeframe: 24-72 hours from initial contact, feedback within 48 hours of the session.

Is a polygraph considered evidence in court? Legal status in Poland 2026