Polygraph Testing in Criminal Proceedings: Safe and Sound or Swimming Against the Tide? A Legal and Criminological-Psychological Analysis Based on its Use in Belgium

In contrast to other Western-European countries, polygraph testing is being used in police investigations in Belgium for about twenty years now. However, until recently, its use was not legally regulated. On 1 January 2021 an amendment to the law came into force which officially regulates the use of the polygraph in the Belgian Code of Criminal Procedure. Yet, in light of findings from academic research polygraph testing in criminal proceedings is controversial. Therefore, these Belgian practices and developments could be considered to be an outlier. Against this background, this article examines the recent legal regulation on polygraph testing and its use in practice from both a legal and criminological-psychological perspective. As such, the article offers important insights for law and practice on polygraph testing and the use of comparable other techniques across Europe and beyond.