20. Omor. Inculpat care declară că a săvârșit fapta împreună cu o altă persoană. Comportament simulat. Testarea sincerității cu ajutorul tehnicilor de tip poligraf. Valoare probatorie
20. Homicide. Defendant who declares that he/she committed the offence along with another person. Simulated behaviour. Sincerity testing through polygraph techniques. Probative

Summary/Abstract: Upon ruling a judgment of conviction, the court shall assure of the guilty of the person brought to trial based upon clear, certain and decisive evidence, as any doubt is in favour of the defendant according to the in dubio pro reo principle. Pursuant to art. 99 para. (2) of the Code of criminal procedure, the suspect or defendant is provided with the presumption of innocence and he/she is not obliged to prove his/ her innocence, being entitled not to take part in his/her own indictment. The indirect evidence may result in certain conclusions in the criminal case only to the extent to which it is corroborated with the content of other direct or indirect evidence. The result of the polygraph test, without being ignored by the criminal prosecution bodies and by the court, shall not represent any evidence within the meaning of art. 97 para. (2) of the Code of criminal procedure, however, it may be deemed only an indication which has to be corroborated with other certain evidence, even if not compulsorily direct, which may institute, beyond any reasonable doubt, a solution of conviction. Regarding the probative value of the result of the test of simulation of behaviour, as shown in the literature, from the psychological point of view, it is appreciated that the current polygraph records are relatively imperfect, as the indicators used for the purposes of detecting insincerity depend on the emotive manifestations, on the form in which simulation is manifested and on the peripheral mean of making it obvious. For instance, there are impeding factors which may affect the detection of simulation in a negative manner, and the main such factors are: excessive nervousness determined by the fear of being unjustly suspected, bad physiological conditions, such as those specific to the cardiovascular diseases, respiratory deregulations, infections, psychic disorders, especially debilitating mental illness, as well as neurosis and psychosis, emotional insensitivity. From the procedural and criminal point of view, sincerity test through the polygraph techniques does not take part of the means of evidence provided by law, just as it is not classified amongst the methods of hearing the defendant. The refusal of a person to undergo such test may be much less conclusive, for the purposes of describing her or her statements as being false.

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