Polygraph Testing – Legal Framework in Romania

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Polygraph Testing – Legal Framework in Romania

COR code (classification of occupations in Romania) – 263413 – Polygraph Expert

The polygraph expert performs psychophysiologic examinations using polygraph technique, interpreting human physiological responses correlated with responses provided by a person to questions related to a specific cause in order to establish honest or simulated behavior regarding the veracity of facts, events, testimonies as well as for determining truth in any situation where it is necessary to verify the sincerity of a person.

Law no. 213/2004 regarding the exercise of the profession of psychologist with the right of free practice, the establishment, organization and functioning of the College of Psychologists from Romania.

JUDGMENT no. 788 of 14 July 2005 approving the Methodological Norms for the application of Law no. 213/2004 regarding the exercise of the profession of psychologist with the right of free practice, the establishment, organization and functioning of the College of Psychologists in Romania.

New Criminal Procedure Code

Art. 172 – Disposition of the expertise or the finding

(1) The performance of an expert examination shall be ordered when the opinion of an expert is necessary for the finding, clarification or evaluation of facts or circumstances that are important for the truth.

(2) Expertise shall be ordered, under art. 100, upon request or ex officio, by the criminal prosecution body, by reasoned ordinance, and in the course of the trial, shall be ordered by the court, by reasoned termination.

(3) The request for carrying out the expertise must be made in writing, indicating the facts and circumstances subject to the assessment and the objectives to be clarified by the expert.

(4) Expertise may be carried out by official experts from laboratories or specialized institutions or authorized independent experts from the country or abroad, according to the law.

(7) In the strictly specialized fields, if specific knowledge or other such knowledge is necessary for the understanding of the evidence, the court or the criminal investigative body may request the opinion of specialists working within or outside judicial bodies. The provisions on hearing the witness are applicable accordingly.

(10) The finding is made by a specialist working within or outside the judicial bodies.

Art. 1811. – Object of the finding and report of finding

(1) The criminal prosecution body determines by ordinance the object of the finding, the questions to be answered by the specialist and the term in which the work is to be performed.

(2) The finding report shall include the description of the operations performed by the specialist, the methods, the programs and equipment used and the findings of the finding.

THE COLLEGE OF PSYCHOLOGISTS IN ROMANIA

DEPARTMENT OF PSYCHOLOGY FOR DEFENSE, PUBLIC ORDER AND NATIONAL SAFETY

Article 1. – 1) The Committee on Psychology for Defense, Public Order and National Security, hereinafter referred to as the Applicative Commission, carries out specific assessment procedures and activities in order to attest to the right of free practice of psychologists in the following specialties:

a) applied psychology in the field of public and private security;

b) Judicial psychology – evaluation of behavior simulated by the polygraph technique.

Art 5. – Psychologists who obtain the certificate in the field of judicial psychology – the evaluation of the behavior simulated by the polygraph technique (polygraph testing) have the following professional competencies:

a) assessing the sincerity of people suspected of involvement in antisocial activities of any gender;

b) verifying the honesty of the deposition of persons involved in the judicial process;

c) verifying the loyalty of individuals to the objectives of the organization in which they operate;

d) verifying the sincerity of persons involved in administrative inquiries;

e) assessing the honesty of people in the selection of staff;

f) scientific research activities using the polygraph technique;

g) professional training in the specialized field;

h) establishing the psychological profile of the offender after the changes he makes in the criminal field;

i) to carry out new examinations, in the case of appeals, only within committees.