The Use of Pre-Trial Expert Investigations in Civil Cases

Abstract

The authors attempt to analyze the use of pre-trial expert investigation through the prism of the norms of current legislation and law enforcement practice. Having studied the approaches available in judicial practice, the authors come to the reasoned conclusion that the results of pre-trial expert investigations (acts of expertise) submitted by the parties to the court in civil cases are given evidentiary value. At the same time, courts should take into account the evidentiary value of pre-trial investigations and decide in favour of conducting forensic examinations only if there is insufficient clarity or incompleteness of pre-trial expert investigation or in connection with doubts about the correctness or validity of the results of pre-trial investigations. Pre-trial psychophysiological investigations using a polygraph are not subject to this algorithm that can also have evidentiary value in a civil case (the article provides an example of such a procedural situation). However, they cannot currently use the appointment of a forensic psychophysiological examination using a polygraph as the second stage due to the lack of a uniform scientifically grounded methodology for conducting such a judicial examination. Meanwhile, as the authors believe, creation of such a scientifically based methodology for conducting a forensic psychophysiological examination is a matter of the nearest future. This is supported by the actively accumulated experience of using a polygraph in different countries (in particular, in the Republic of Lithuania). In view of the prospect of using a polygraph in the near future, the authors give examples of private law situations in which the use of a polygraph in civil cases could become expedient and help courts in making informed decisions.