Where is the handwriting examination carried out? Handwriting examination (graphological examination of handwriting and signature)
The basis for the appointment of a handwriting examination is an official document - a judicial authority or a decision conducting the relevant proceedings. The available materials, physical evidence and texts of manuscripts, which become the subject of research, are provided to the expert institution.
Depending on the specifics of the case at hand, examiners may also request samples of the handwriting of those persons who are considered to be the alleged executors of the document to be examined. An important addition is also data on the characteristics of the personality of the executor of the document and the expected conditions in which the manuscript was written.
At the first stage, the expert examines the accompanying documents, makes sure that there are legal grounds for conducting the study. If the necessary documents are not presented in full, the expert draws up an act about this and makes a request to the investigating or judicial authorities. Before receiving a complete set of materials, the expert does not have the right to start the study.
Carrying out handwriting examination
Starting direct work, the expert carefully comprehends the questions that are put before the examination. This is necessary in order to determine the boundaries of future research and its ultimate goal. A handwriting expert cannot single-handedly answer questions that are beyond the scope of his professional competence. For example, if it is necessary to study the composition of paper or a coloring matter, a comprehensive examination may be assigned with the participation of chemists or specialists in the field of printing.
Conducting a study of a handwritten text, a handwriting expert works to identify the handwriting, diagnose the features of the performer and restore the situation in which the text was created. Usually, the expert must answer the question of which of the persons to be verified wrote the document, whether this person was in a state of strong mental agitation or alcohol intoxication, whether he was healthy, and so on.
The basis of the examination is a detailed examination and a phased study of the disputed document, as well as its comparison with the submitted handwriting samples. The arsenal of research methods is quite wide, reliable and in most cases allows you to answer the questions of the court or the investigation with a high degree of confidence. The expert sets out the results of the study in a substantiated conclusion, which is sent to the initiator of the handwriting examination.
Handwriting expertise is one of the most effective means of making informed decisions in civil and criminal cases, arbitration disputes. The main purpose of this type of examination is to identify the person who wrote a certain handwritten text or made a signature, digital recording.
Depending on the specific circumstances of the case under consideration, the examination may establish or refute the fact that the text was written by a specific person, establish the methods of execution of certain manuscripts, the state of a particular person at the time of execution of the manuscript, his typological personality traits (gender, age, physical and professional characteristics, state of intoxication, etc.).
In judicial practice today, especially often there is a need to study signatures in a contract, receipt, will, signature lists, written texts - material evidence and other documents. These, in particular, include financial documents - statements, invoices, cash receipts and expenditure orders, invoices, private letters, etc.
Handwriting expertise in civil proceedings is most in demand in the following categories of cases:
inheritance disputes;
divorce cases;
Cases related to the consideration of housing disputes;
Disputes over notarized documents (purchase and sale agreements, donation agreements, etc.);
Debt Disputes (Promissory Notes).
The need for handwriting expertise in relation to handwriting and signature on a dubious document can be illustrated by such an example from expert practice.
Mr. K. filed a lawsuit for divorce and division of property. As one of the written evidence, he presented a receipt, according to which he borrowed money from his father before marriage with the defendant. It was with this money that he subsequently purchased a house. He asked on this basis to exclude the house from the list of property to be divided.
The defendant had reason to believe that the receipt was not written by her husband's father and petitioned the court to order a handwriting examination. The complexity of this case was that at the time of the dissolution of the marriage, the plaintiff's father died, there were no other witnesses to the fact that money had been transferred to him before marriage to buy a house.
As comparative samples of her father-in-law's handwriting, the plaintiff presented congratulatory letters and postcards, captions under photographs. According to the results of the examination, it was found
that the receipt was made in imitation of her father-in-law's handwriting. The house was included in the list of property to be divided.
Handwriting is an individual and dynamically stable program of graphic technique of writing, which is based on the visual-motor image of the execution of the manuscript, implemented using a system of movements.
The subject of forensic handwriting examination is the facts (circumstances) that the expert establishes on the basis of special knowledge in the field of forensic handwriting, using the methods of expert research. By means of handwriting studies, the following is established:
The specific executor of the manuscript, signature, digital recording;
The conditions under which various kinds of documents were executed (the physical condition of the writer, his position when writing, deliberate distortion of handwriting, imitation of the handwriting of a certain person when compiling a document on behalf of the latter, etc.).
The subject of forensic handwriting expertise includes the establishment of only those facts that are within the competence of a handwriting expert. The limits of competence are determined by the range of issues of an identification and diagnostic nature,
which may be placed before the expert at his permission
It should be pointed out that in expert practice there are often signatures made by technical forgery. This means that the signatures are not authentic, but made on behalf of a certain person using some kind of technique and using a specific signature (usually genuine) of this person. According to the literature data, the following methods of technical forgery are the most common:
1) redrawing to the light (possibly with preliminary preparation with a pencil, followed by aiming);
2) recopying with carbon paper;
3) squeezing strokes of the signature-model, followed by guiding with a coloring agent.
Thus, signatures made using technical methods are difficult objects to study due to a number of factors determined by the way they are applied.
Let's illustrate this with an example. R. applied to the court to recognize the contract for the provision of paid medical services as invalid and asked for the return of the money paid for poor-quality prosthetics, a penalty, and compensation for non-pecuniary damage. The defendant submitted to the court the plaintiff's medical record, which allegedly contained the plaintiff's signature about giving informed voluntary consent specifically to the chosen method of treatment, to performing a prosthetic operation and choosing a prosthesis design. However, the plaintiff did not recognize her signature, she filed a petition for the appointment of a forensic handwriting examination. The examination showed that the plaintiff's signature was made in a technical way: by scanning the signature from a copy of the contract and its computer printout on a sheet enclosed in the plaintiff's medical record.
As a result, in favor of the plaintiff, the costs of repeated treatment and prosthetics, a penalty in the amount of the cost of the defendant's services, compensation for non-pecuniary damage in the amount of 5,000 rubles were recovered. and legal costs incurred.
Note that the term "scanning a signature" in this case means obtaining an image of handwriting objects (signatures), pre-processed using a scanner (a device for converting a graphic object into a digital format) and a computer, and then printed using a printer.
In addition to signature scanning, there are other ways of applying a signature as a graphic object, for example, electrophotography, facsimile communication (fax copies), xerox copies, etc. Establishing a specific method for applying such a graphic object, type of a multiplier or character printer is within the competence of forensic technical examination of documents. However, a handwriting expert must be able to distinguish the actual signature (i.e., an object applied in handwriting) from its image, applied in a technical way.
Establishing a method (handwritten or not) for applying a handwriting object is the first, but far from a trivial task, often solved within the framework of a comprehensive examination. It is important not only
for the correct assessment of the identified features at subsequent stages of the handwriting examination, but also for the precise formulation of the conclusion in the expert's opinion.
The objects of forensic handwriting examination can be divided into objects in the broad and narrow sense of the word. In a broad sense, the objects of forensic handwriting examination include materials of a civil or criminal case sent for forensic handwriting examination and related to its subject. From the case materials, the handwriting expert receives the initial data necessary for the initial expert analysis. The initial data includes various information about the alleged perpetrator, including age, profession, native language, possible diseases, as well as the circumstances of the case.
In a narrow sense, the object of forensic handwriting examination is a handwritten text, as well as the system of handwriting properties expressed in it.
The problem of the study of forensic handwriting objects is related to the peculiarities of the study of modern handwritten texts and signatures. As Sysoeva L.A. rightly pointed out, “changes in external (manifestation of new-style copybooks, modern writing instruments, etc.) and internal (formation of the personality of a new formation) factors affecting the formation of handwriting that occurred in the last three decades of the 20th century. in our country, significantly changed the structure (structure) of the handwriting of contemporaries, which required the adjustment of a number of characteristics of its general and particular features.
The objects of forensic handwriting examination include:
Handwritten text - a type of manuscript, the content of which is fixed using alphabetic or numeric values;
Signature - a type of manuscript that reflects the surname, often the name and patronymic of the person in the form of letters or conventional written characters. The signature has a credential value;
Brief record - a type of manuscript, the content of which is fixed using one to three words or one to seven digital designations;
Performed under unusual conditions associated with intentional modification.
Forensic handwriting problems can be divided into identification and diagnostic.
Identification tasks include:
Establishing the group affiliation of the executor of the manuscript under study;
Individual identification of the executor of the studied manuscript.
Identification tasks related to the individual identification of the performer are divided into tasks:
Associated with the establishment (identification) of a specific contractor;
Associated with the denial (exclusion) of the identity of a particular performer in the absence of a natural similarity of the compared handwriting;
Associated with the denial (exclusion) of the identity of a particular performer in the presence of such a similarity.
Thus, the main tasks of the forensic examination of handwriting are the identification of the performer or the establishment of the properties and states of the performer.
In accordance with this, when solving the identification problems of handwriting examination, the following questions can be raised.
1. Which of the indicated persons (for example, Ivanov, Petrov or Sidorov) made handwritten texts, alphabetic or numeric entries in this document?
2. Who signed on behalf of a certain person, himself or another person?
3. Have the texts (signatures) in different documents or separate parts of the text in one document been made by one person (for example, signatures on behalf of Ivanov in the invoice and expense order or handwritten text and signature on behalf of Ivanov)?
4. Is the entire document and part of it executed by one person (for example, the inscriptions on the title page of the manuscript and the manuscript itself)?
Diagnostic tasks are related to the solution of the following questions.
1. Is the handwriting written by a man or a woman?
3. Was the handwritten text (signature) made in an unusual environment (for example, in the cold, in an unusual position for the performer, etc.), in an unusual state of the writer (illness, alcohol or drug intoxication, a state of passion, etc.)?
4. Is the manuscript being studied deliberately altered; handwriting, with imitation of a little developed handwriting, the handwriting of a specific person, with his left hand (if he habitually writes with his right hand)?
5. Have any words or numbers been added to this text by another person? Were fragments of text, separate documents executed by different persons?
6. Is the text or signature imitating the handwriting or signature of a specific person on behalf of a fictitious person?
A typical example. Under a copyright lawsuit, G. was presented with a manuscript of a book, part of which was unlawfully borrowed and included in a composite work (collection). The author of this part was not G., but M. The handwriting examination carried out in the case established that the title page, on which G. was indicated as the author of the work, and the rest of the text of the manuscript were written by different persons. At the same time, the title page was made by G., and the rest of the manuscript was made by another person. Taking into account the conclusions of the examination, G.'s claims were denied.
An analysis of the practice of appointing forensic handwriting examinations in civil and arbitration proceedings shows that they are most often appointed in the following categories of cases:
On the invalidation of a will, a certificate of the right to inheritance, a certificate of state registration of property rights and recognition of property rights;
On the collection of debt under a loan agreement, under a service agreement (for example, the appointment of a handwriting examination in cases of debt collection by mobile companies from subscribers who refuse to pay the debt);
On the recognition of the contract for the transfer of housing into ownership invalid;
On the invalidation of contracts (purchase and sale, donation, rent, life maintenance with a dependent);
On labor disputes (on the recovery of wages, on reinstatement at work);
When appealing against the actions of officials (handwriting examination of the text of the protocol on an administrative offense), on the recognition of a marriage as invalid, on the division of jointly acquired property, on the recovery of compensation for copyright infringement.
Judicial handwriting expertise is very often appointed when considering cases in an arbitration court. As you know, the competence of the arbitration court includes consideration of property disputes in economic cases. In support of their claims, the parties submit documents of various kinds. These include agreements and contracts (purchase and sale, loan, contracting, etc.); agreements, additional agreements to the main agreements; business letters; promissory notes; minutes of general meetings of societies and partnerships. With regard to these documents, a handwriting examination is appointed if there is doubt about their authenticity. In most cases, the direct object of handwriting examination in arbitration cases are signatures, less often - short notes. Interestingly, as a result of the generalization of practice, some handwriting features of these objects were identified. Thus, almost all signatures were characterized by a high degree of elaboration; among the studied signatures, signatures characterized by mixed transcription and low information content prevailed. This can be explained by the fact that the investigated signatures in the disputed documents are carried out by officials who have the right to dispose of monetary and material resources. As a rule, these persons have higher professional education, professional experience in this field, the level of intellectual development, etc.
In criminal proceedings, most often, a handwriting expert is faced with identification tasks about the authenticity (or inauthenticity) of the studied signatures with the resolution of diagnostic tasks in parallel.
Let's illustrate this with an example. At the request of the lawyer, the handwriting study received the signature 3., made on the decision of the judge of the arbitration court of the city of D-ska, executed in a handwritten way. The handwriting specialist was asked the following question: “Was the signature in the ruling made by the judge 3. or by another person?” Signatures on decisions and protocols made by 3. were presented as comparative samples, which was certified by the Arbitration Court of the city of D-ska. When comparing with each other the features of the movements that appeared during the execution of the studied signature, with the features of the movements that appeared in the samples of the signature of judge 3., it was established
differences between general (transcription, pressure, direction of the base of the signature) and private features. When evaluating the results of a comparative study, it was found that the identified differing features are relatively stable and form a set sufficient to conclude that the signature under study was performed not by 3., but by another person. This conclusion of a handwriting specialist served as the basis for the cancellation of the said ruling of the arbitration court by the cassation instance.
An important point that determines the effective conduct of a handwriting examination is the high-quality preparation and execution of materials, as well as a thorough and targeted examination of material evidence. It allows you to clearly define the object of research, establish its individualizing features, determine the type and nature of the handwriting samples of the alleged performers, and ultimately correctly formulate the task for the expert. Of great importance is the examination and study of the manuscript under study when the investigator or the court sets tasks of an identification nature or tasks that require a comprehensive study of the document with the participation of experts from various specialties.
The court ruling on the appointment of an expert examination must contain the questions posed to the expert; information about known circumstances related to the subject of the examination (conditions for the execution of the document under study, samples; the state of the performer at the time of execution, etc.); list of materials submitted for examination (objects of study, comparative material, etc.).
It is important to note that the originals of the examined documents must be submitted for examination. This requirement is due to the fact that, firstly, it is impossible to conduct a technical study on photocopies of documents, which, in accordance with the methodology of forensic handwriting examination, is an obligatory stage in the study of signatures in order to establish whether the signature was made by recopying; secondly, it is extremely difficult to establish the conditions that affect changes in handwriting features.
Therefore, the presentation of photocopies of documents (photocopies, blueprints), as well as documents made through carbon paper, is highly undesirable, since even a very well-made copy significantly limits the possibilities of studying handwriting.
The effectiveness of a forensic handwriting examination depends on correctly collected comparative materials - samples of the handwriting of the alleged performer.
Therefore, the issue of sample preparation required for a comparative study is extremely important.
Comparative material should be of appropriate quality and sufficient in quantity. The proper quality of the samples is their comparability in terms of the time of writing and the type of document, language, content, writing material, method of execution and, if possible, the conditions for execution. A sufficient number of samples is their volume, which would provide the possibility of a complete and comprehensive comparison of all the features contained in the text under study, the signature.
The literature indicates that there should be at least 5-6 free samples of handwriting, and different in nature (materials of a personal file, statements, draft notes, letters, etc.), free samples of signatures - at least 10 (these include signatures in payrolls, applications, instructions for receiving pensions, etc.). Experimental samples of handwriting are selected in an amount of at least 12 sheets.
The examined manuscripts may be very brief and written in unusual conditions, and therefore they may show signs that are rarely found in handwriting. In such cases, the presentation of a large number of manuscripts that are diverse in their intended purpose and conditions of execution - samples of the handwriting of the alleged performer makes it possible to establish various variants of handwriting features, determine the frequency of occurrence, stability and variation limits, conduct a complete and in-depth comparative study and give a correct assessment of its results.
In addition, the study of handwriting using currently used mathematical methods based on probabilistic statistics requires a large volume of samples. Thus, when examining similar handwriting, samples of the handwriting of each proposed performer must be submitted in the amount of at least 20 sheets of a standard format of documents of different nature.
To solve forensic handwriting problems, three types of handwriting and signature samples are presented: free, experimental and conditionally free.
Free samples of handwriting are manuscripts (signatures) made by a certain person outside of the case on which the examination is being carried out, when the performer did not assume that they could be used as comparative material in the production of the examination. Free samples can be texts related to official correspondence, autobiographies, self-filled questionnaires, applications, personal letters, signatures in payrolls, cash orders, library documents, pension orders and other documents. Thus, free samples are the most valuable comparative material, since they are usually performed without intentionally changing handwriting features.
One of the main requirements for free samples is the certainty of their origin, that is, the indisputable belonging of the manuscripts to the person whose handwriting samples they should serve. To verify this, the court presents the collected manuscripts for identification to the person on whose behalf they were executed. The identification results are recorded in the protocol. Each sample is certified by the person who completed it, for example: “The text is made by me. Signature".
If for some reason (stay in another place, death) it is impossible to present manuscripts for identification by the person himself, they can be presented to the administration of the enterprise where this person worked, his colleagues, acquaintances or relatives in order to confirm their ownership, which should be especially noted in the resolution on the appointment of the examination. If samples raise doubts about their authenticity and it is impossible to eliminate these, they should not be submitted for examination. It should be noted that errors made in the selection of samples entail expert errors, and this will send the court on the wrong track.
Free samples submitted for examination must be comparable with the document under study, which is achieved by their compliance with the document under study in a number of parameters.
By writing and language. Free samples must be made in the same language as the text under study. When appointing an examination of documents made in foreign languages, it is necessary to determine in which language the manuscript was written and to establish in which expert institution there are specialists who can conduct a handwriting examination. To resolve the issue of establishing the language, the court may use the advice of a specialist linguist (linguist).
By execution time. Despite the relative stability of the writing-motor skill, facial handwriting can change significantly over time. When examining manuscripts made in a highly developed handwriting, the time gap between the execution of the studied text and samples can be from five to eight years. In this case, a comparative study is possible, provided that the person in question has not suffered diseases during the given period, as a result of which changes in the signs of handwriting could occur, as well as the exclusion of the possibility of external factors.
In other cases, it is very important that the time gap be as small as possible. This is especially necessary to take into account when examining documents made by elderly people, as well as those with a handwriting of a low and medium degree developed ™.
When examining manuscripts made with a large time gap, the expert must have information about the age, education, specialty, writing practice of a particular person, diseases he has suffered that affect handwriting, in order to properly assess the differing signs of handwriting established during the study.
According to the target content and purpose. These circumstances often influence the writer's choice of handwriting. So, when compiling accounting documents, filling out a questionnaire and other documents, one version of handwriting (for example, stylized) can be used, and in personal correspondence - another (cursive, abbreviated words, simplified letters, etc.). When compiling official documents, a person can write slowly in a handwriting of a complicated structure, when compiling notes - a variant of a handwriting adapted for fast writing.
These variants of the handwriting of one person are characterized by a different set of features. When examining large manuscripts (for example, essays, letters, statements), it is advisable to present similar comparative materials, which allows a comparative study on the signs of written speech and signs that reflect the spatial orientation of movements, which are of great identification significance, often remaining stable even with intentional handwriting distortion.
Based on the content of the letter. It is very important that the samples are made with the same writing instrument and, if possible, on the same paper. The influence of the type of writing instrument and writing materials on the change in handwriting can be so significant that the differing features established during the examination do not allow the expert to draw a definite conclusion about the executor of the manuscript. These changes can be especially significant when writing with an unusual writing instrument, such as a fountain pen, a pointed stick. In some cases, changes in symptoms
handwriting is observed even when changing the usual fountain pen to a ballpoint or pencil.
Under the terms of implementation. If the document under study was made in some unusual conditions (for example, standing or sitting with the manuscript on its knees, etc.), then documents made in similar conditions are desirable as free samples of handwriting (signature).
According to the state of the writer. If it is known that the document under study was made by a person in an unusual condition (for example, during eye or hand illness), then it is desirable to submit manuscripts made in the same condition as free samples for handwriting examination. The unusual mental and physical state of the performer of the text (the presence of a disease, injury, alcohol intoxication) often causes significant changes in the signs of handwriting. Lack of proper handwriting samples may make examination impossible.
The pace of writing. With a sharp acceleration or deceleration of the tempo of writing, the person performing the text may switch to a new version of the letter (in this case, a change in the structure of the handwriting as a whole is not ruled out; elements of simplification may appear in simple and complicated handwriting under the influence of a very fast pace).
It should be noted that a change in the pace of writing may not be accompanied by pronounced signs of unusual execution of the letter, so the investigator or judge may not notice this when examining the document. And that is why, for a more thorough processing of materials when appointing a handwriting examination, it is recommended that the investigator and the court resort to the help of specialists, consult with employees of expert institutions.
By way of execution. If the document under study is executed in imitation of some font (for example, a drawing one) or written with the left hand (in normal writing with the right hand), it is recommended to try to find free samples made in the same way. This requirement is caused by the need to establish a set of features specific to such a letter. Conducting a handwriting examination without appropriate samples of handwriting is possible in rare cases when a manuscript under study, for example, made with imitation of a typeface at a fast pace, showed a large number of signs of cursive handwriting.
The need for free samples of handwriting made by the same hand arises, as a rule, when manuscripts made by the left hand are submitted for research. If a person habitually writes with his left hand (due to the absence or illness of his right hand, or because he is left-handed from birth), then the selection of free samples is carried out according to general rules.
If left-hand writing is resorted to as a means of changing one's handwriting, then in the studied manuscript, in the absence of the skill of such writing, the sharply deformed appearance of letters and signs usually attracts attention: “mirror images”, the versatile position of the longitudinal axes of letters, pronounced breaks in strokes, especially in ovals and rounded elements of letters, instability of the general features of handwriting, uneven sizes of written characters, letters of the same name differ in structure.
On the basis of written language. It is desirable that free samples correspond to the document under study on the basis of written speech (functional and stylistic affiliation of the text). In this case, free samples can be written reports, theses, articles, abstracts, which quite fully reflect the features of the writer's written speech.
Experimental samples are manuscripts that are made specifically for the examination appointed by the investigator in a specific civil or criminal case. All experimental samples of handwriting, signatures, as a rule, are executed in the presence of investigators in order to avoid doubts about the authenticity of the samples. Experimental samples, as well as free ones, must be comparable with the object under study in all the parameters listed above.
The advantage of experimental samples is that they can be selected under conditions as close as possible to those in which (as expected) the text under study was performed.
Therefore, judges must strictly adhere to the rules for obtaining experimental samples and determine the conditions for their selection themselves as a result of examining the document being examined and on the basis of data obtained during the interrogation of persons involved in its manufacture.
Conditionally free samples of handwriting and signature. These include manuscripts or signatures on documents that were made after the case arose, but not specifically for comparative research. For example, documents on the case, including explanations, comments, complaints, protocols of interrogations, as well as other manuscripts made during the conduct of the case.
These are the most general requirements for the preparation of comparative materials for examination. At the same time, it should be taken into account that under *| preparation of comparative materials for handwriting examination, depending on the characteristics of some handwriting objects, has a certain specificity.
So, when appointing an examination of signatures, additional requirements are imposed on comparative materials.
The signature is formed on the basis of the developed writing-motor skill, although an illiterate person also develops the ability to fulfill his surname (signature). Due to the frequent repetition of the same combination of letters of the surname, the signature is formed faster than the handwriting, stability appears in the features of the lettering, which characterizes the individuality of the signature and the automatism of movements. As a result of the action of external factors, a person can develop various options for signatures when executing heterogeneous documents. Also, the execution of one or another version of the signature depends on the state of the person, the number of signatures he performs on documents, and even on the size of the column and its place in the form of the document. Transcription of signatures can be alphabetic, dashed and mixed.
In forensic handwriting, there is a certain methodology for studying signatures. The peculiarity of the examination of signatures, in particular, lies in the mandatory determination by the expert of its authenticity (i.e., determining whether the signature was made by the person on whose behalf it appears in the document, whether it was executed using forgery tools).
From the foregoing follows the originality in the formulation of questions when appointing an examination, and a number of specific requirements for free and experimental samples. So, when receiving experimental samples from a suspected person, in addition to free samples of his signature, handwriting samples in the form of the names of the persons on whose behalf the documents under study were made are taken. Signature samples should be performed on separate sheets of paper at intervals in time and in several stages in order to avoid imitation, copying of the signature variant.
Features of the preparation of materials in the study of manuscripts made in distorted handwriting. Preparing handwriting samples when examining manuscripts in altered handwriting is a challenge for investigators. When examining the document under study, it is easy to determine the type of distortion:
mo with imitation of printed type, made with the left hand in the absence of the skill of writing with this hand, with a change in the slope of the handwriting. In such cases, the investigator can independently select experimental samples, inviting the suspected persons to write with a change in the same signs. Sometimes establishing the type of change in handwriting requires the participation of a specialist in the field of forensic handwriting, who, taking into account the nature of the change in handwriting in the document under study, determines the conditions for selecting experimental handwriting samples from specific individuals and selects them together with the investigator.
The system of identification features of handwriting, reflected in the works of V. F. Orlova and others, provides for the division of common features into the following groups:
Reflecting spatial orientation (topographic);
Reflecting the degree and nature of the formation of the writing-motor skill;
Reflecting the structural nature of the formation of the written-motor skill;
Reflecting structural characteristics of the trajectory of movements.
The complexity of evaluating the identified coinciding and differing features, establishing their possible dependence on distortion necessitates obtaining a significant amount of comparative material for handwriting examination. The expert must have at least 40 sheets of comparative and experimental samples.
Features of sample preparation in the study of similar handwriting.
In cases where an examination is appointed to determine whether the documents are executed in similar handwriting, additional methods are recommended for obtaining experimental samples from persons whose handwriting is subjected to expert examination. Samples are selected in the form of texts of the same content, executed at the usual pace for each letter, on homogeneous materials, with a common writing instrument.
In the process of research, the frequency of repetition of variants of handwriting features of each person in respect of whom the examination is being carried out is necessarily established. Therefore, the expert should be presented with a large number of diverse free and experimental samples of the handwriting of each person, differing
Features of the preparation of comparative materials in the examination of manuscripts made with a gap in time. It is known that the stability of handwriting features is influenced by the nature and volume of writing practice, the age of the writer, and the state of his health. Therefore, when appointing a handwriting examination, it is necessary to provide the expert with information about the alleged executors of the manuscript.
In the process of preparing samples, the court must take into account the fact that over time, persons with an unformed, poorly developed handwriting, as well as persons of advanced age or who have had illnesses during the time elapsed from the moment the document was written to the appointment of an examination, may experience significant changes in handwriting.
The study of the handwriting of the elderly suggests the presence of samples that are close in execution time to the time of preparation of the document under study. In these cases, the expert must provide information about the age and state of health of the person in respect of whom the handwriting expertise is being carried out, since old age can lead to significant changes in handwriting.
One of the most difficult problems for judges during the consideration of arbitration and civil cases was the preparation of comparative material when appointing a handwriting examination. As a rule, they provide insufficient material for conducting a handwriting examination, as a result of which the experts are forced to file petitions for the submission of additional materials and clarification of certain circumstances related to the examination. Judges do not always know what handwriting samples should be presented to the expert, how to get them, how to check the authenticity, how to formalize their receipt. Moreover, in the rulings on the appointment of a forensic handwriting examination, there is no information about the issues and candidacies of the expert institution and the expert himself, proposed by the persons participating in the case, which is a significant violation of Art. 79 Code of Civil Procedure of the Russian Federation.
Thus, the mistakes that judges make even during the appointment of a handwriting examination, including
preparing materials, formulating questions, etc., entail an expert error and, as a result, the occurrence of a judicial error, which is completely unacceptable. In order to avoid such problems, judges need to more carefully study the methodological literature on the appointment of handwriting expertise, which formulates recommendations on this issue. So, the question to the expert should be put clearly, clearly, not to allow double interpretation, for example: “Was the handwritten text in the contract for life maintenance with a dependent dated 10.08.2009 - “Bulkin Ivan Ivanovich” Ivan Ivanovich Bulkin or another person executed?” The question posed to the handwriting expert should not go beyond his competence, and must also meet the current level of development of forensic handwriting and comply with the methodology for conducting forensic handwriting examination.
Complicated process for the court is the assessment of the expert's opinion. At this stage, the judges need to evaluate: the scientific validity of the conclusion (the methods and techniques used, an assessment of the appropriateness of their application in this case); check the completeness of the conclusion and the logical validity of the process and results of the expert study. As a rule, judges have difficulties on a number of issues, since they do not have special knowledge in the relevant field of science, technology, art, and therefore they need to resort to the help of a specialist in order to exclude the appearance of erroneous judgments about the groundlessness or incorrectness of the expert opinion.
The signature in financial and payment documents continues to be a significant identifying object for handwriting expertise in many categories of civil cases. Therefore, at the moment, forensic handwriting examination is the most important source of evidence in establishing the truth in civil and arbitration cases.
CJSC Bratsk Woodworking Plant took a loan from Sberbank in the amount of 30 million rubles. at 25% per annum for a period of one year. According to the prosecutor's office, concluding the contract, the mayor violated the requirements of the budget legislation. At the time of the transaction, the maximum amount of municipal guarantees in the amount of 16 million rubles. was completely exhausted. The loan was issued under the guarantees of the city administration, and the wife of the mayor T. Petrunko was the owner of a controlling stake in CJSC BD K. However, the mayor of the city stated that his signature on the document was forged. To identify malicious
nikov, forensic handwriting examinations and forensic technical examinations of documents were carried out. Experts installed! that the mayor's signature on the contract, and the seal of the Bratsk administration! authentic. However, the contract was not registered with the financial department of Bratsk, and therefore was declared invalid.
It is important to note that errors associated with the appointment and conduct of an examination arise not only through the fault of judges and other persons with the right to appoint an examination, but also through the fault of expert comrade. It should be noted that handwriting research is a complex mental and logical process, as a result of which the expert comes to certain conclusions. Throughout the study, the expert evaluates and analyzes the information received by him. To evaluate means to determine the identification or non-identification informativeness of properties and features, the value of coinciding and differing features, both individually and in combination.
The assessment manifests itself in the form of expert judgments, in which the place and role of the evaluated properties and features in the formation of his intermediate conclusions based on the results of a separate and comparative study and final conclusions based on the results of the assessment of all study results are determined.
Moreover, the assessment should be considered not as a one-time act, but as a certain process of logical proof. Each stage of the expert study has its own specifics in the valuation activity, related both to the subject of the valuation and to its nature.
At the stage of a separate study, the expert evaluates which features are the most common, and which are rare and, in their totality, can individualize the handwriting of a particular person.
The expert's value judgments at the stage of a separate expert study are reflected in the expert's opinion in the form of private syntheses.
Evaluation of signs in the stage of comparative research is associated with the analysis of coinciding and differing signs. Coincident signs are evaluated primarily based on the frequency of their occurrence, i.e., identification informativeness. With respect to different features, it is established whether they are stable or not. Stable differences, not explained by the action of any factors, will be the basis for a negative conclusion about the identity, while random differences in features may not affect the final assessment. Differences in signs are evaluated taking into account the possible reasons for their occurrence (gap in time between the moment of execution and samples, the effect of external factors).
The most important stage of the assessment is its final stage, when the assessment activity acquires independent significance. At this stage, the similarities and differences of signs are evaluated and, taking into account all available data, the results of the study are evaluated.
So, expert evaluation can be considered as a process of information accumulation, which at the appropriate stage leads to the formation of such a set of it - a system that is a sufficient basis for a certain conclusion. The process of accumulation of information evaluated by an expert is associated with the analysis of both coinciding and differing features. At the same time, it is not excluded that the expert will formulate a positive conclusion on the basis of coinciding signs in the presence of differences in signs, and a negative one - on the basis of differences in the presence of coinciding ones. In these cases, the number of signs that formally contradict the expert's conclusion is not of decisive importance in the assessment, since the main thing is to determine their nature and cause of occurrence. So, an expert can formulate a negative conclusion on the basis of 3-4 different signs if there are 20 matching ones. He can explain the coincidences of signs by the fact that they are common, and the differences are not the result of distortion or the action of another reason that entails a change in handwriting.
Thus, by themselves, quantitative characteristics do not have advantages in such situations over qualitative ones.
It should be noted the factors influencing the evaluation activity of the expert. They can be divided into two groups: 1) objective and 2) subjective factors. The objective factors that determine the evaluative activity of a handwriting expert include the material submitted for handwriting examination and the scientific provisions of the handwriting identification methodology related to a particular study.
The scientific provisions of the methodology of handwriting examination should include the general provisions and principles of the theory of identification, the results of studies of the basic properties of handwriting, and the developed methods for studying specific handwriting objects.
The scientific validity of the conclusion and the nature of the conclusions of the handwriting expert depend to a large extent on the features
and the volume of graphic material contained in the document under study and comparative materials - samples.
Comparative material is an objective factor that influences the formation of value judgments. The expert, using samples, evaluates and determines the reliability, volume (availability of free and experimental samples), compliance with the document under study in terms of content, time, nature, conditions and method of execution (for example, the similarity of materials, the presence of samples made by the left hand, if there is an assumption about writing; the text under study with the left hand, and compliance with other necessary conditions). As already noted, the effectiveness and obtaining reliable conclusions of a handwriting study depend on the correct selection and use of comparative material.
When familiarizing himself with the materials submitted for examination, the expert must show maximum attention in order to "obtain from it data on the main properties of the handwriting - the individuality and stability of its features, thanks to which the identity of the performer is possible.
The objective factors influencing the evaluation activity, as already noted, include the research methodology as a system of cognitive means that determine the content and structure of the research expert activity. Today, it is important for a handwriting expert to choose the right technique in the performance of an examination, since the unreasonable use of one or another technique will lead to an erroneous conclusion.
The subjective factors influencing the results of the evaluative activity of a handwriting expert include the level of mastery of special knowledge, professional level and intuition, and psychological qualities.
One of the main reasons for the erroneous conclusions of the expert about the executor of the manuscripts is the lack of experience in the production of handwriting examinations, insufficient qualifications and, as a result, an incorrect assessment of the significance of the established features.
Thus, it is necessary to take into account, first of all, the subjective qualities of an expert as a person, his general training, the degree of knowledge of the subject of handwriting research, possession of existing methods for studying handwriting objects, and at the same time, one should not forget about a number of requirements necessary for the implementation of professional functions, the absence of which may adversely affect the conclusion. These include
increased, selective ability of visual analyzers, accuracy of visual perceptions, exceptional attentiveness, observation, objectivity in judgments, an increased sense of professional responsibility, etc.
These shortcomings (formulation of questions, preparation of materials for examination, etc.), which handwriting experts face, create grounds for procedural violations, since the issue of appointing an examination is decided within the framework of a civil process in a court session, and the research process itself is carried out by experts .
Along with this, there is another important problem of judicial handwriting - the problem of assessing the expert's opinion by the court. As already noted, handwriting examination is carried out by decision of the judicial authorities and the effectiveness of the examination will depend on how objectively the court was able to evaluate the expert's conclusion. For this, it is necessary for the court to understand the essence of this study and assess its importance for judicial proceedings.
Checking the reliability of the conclusion of the handwriting expert includes:
Comparing it with other data on the case in the system of evidence as a whole;
Specialist consultation;
Appointment and conduct of additional and repeated examination.
Evaluation of the conclusion is carried out by the subject of proof on the basis of inner conviction on the basis of a comprehensive, complete, objective and direct examination of the evidence.
6.2. Forensic handwriting examination
Handwriting expertise is one of the most effective means of making informed decisions in civil and criminal cases, arbitration disputes. The main purpose of this type of examination is to identify the person who wrote a certain handwritten text or made a signature, digital recording.
Depending on the specific circumstances of the case under consideration, the examination may establish or refute the fact that the text was written by a specific person, establish the methods of execution of certain manuscripts, the state of a particular person at the time of execution of the manuscript, his typological personality traits (gender, age, physical and professional characteristics, state of intoxication, etc.).
In judicial practice today, especially often there is a need to study signatures in a contract, receipt, will, signature lists, written texts - material evidence and other documents. These, in particular, include financial documents - statements, invoices, cash receipts and expenditure orders, invoices, private letters, etc.
Handwriting expertise in civil proceedings is most in demand in the following categories of cases:
inheritance disputes;
divorce cases;
cases related to the consideration of housing disputes;
disputes over notarized documents (purchase and sale agreements, donation agreements, etc.);
disputes over debt obligations (promissory notes) *(121) .
The need for handwriting expertise in relation to handwriting and signature on a dubious document can be illustrated by such an example from expert practice.
Mr. K. filed a lawsuit for divorce and division of property. As one of the written evidence, he presented a receipt, according to which he borrowed money from his father before marriage with the defendant. It was with this money that he subsequently purchased a house. He asked on this basis to exclude the house from the list of property to be divided.
The defendant had reason to believe that the receipt was not written by her husband's father and petitioned the court to order a handwriting examination. The complexity of this case was that at the time of the dissolution of the marriage, the plaintiff's father died, there were no other witnesses to the fact that money had been transferred to him before marriage to buy a house.
As comparative samples of her father-in-law's handwriting, the plaintiff presented congratulatory letters and postcards, captions under photographs. According to the results of the examination, it was found that the receipt was made in imitation of the handwriting of her father-in-law. The house was included in the list of property to be divided.
Handwriting is an individual and dynamically stable program of graphic writing technique, which is based on the visual-motor image of the execution of the manuscript, implemented using a system of movements *(122) .
The subject of forensic handwriting examination is the facts (circumstances) that the expert establishes on the basis of special knowledge in the field of forensic handwriting, using the methods of expert research. By means of handwriting studies, the following is established:
specific executor of the manuscript, signature, digital recording;
the conditions under which various kinds of documents were executed (the physical condition of the writer, his position when writing, deliberate distortion of handwriting, imitation of the handwriting of a certain person when compiling a document on behalf of the latter, etc.).
The subject of forensic handwriting expertise includes the establishment of only those facts that are within the competence of a handwriting expert. The limits of competence are determined by the range of issues of an identification and diagnostic nature that can be put before an expert for his permission. *(123) .
It should be pointed out that in expert practice there are often signatures made by technical forgery. This means that the signatures are not authentic, but made on behalf of a certain person using some kind of technique and using a specific signature (usually genuine) of this person. According to the literature data, the following methods of technical forgery are the most common:
1) redrawing to the light (possibly with preliminary preparation with a pencil, followed by aiming);
2) recopying with carbon paper;
3) squeezing strokes of the signature-model, followed by guiding with a coloring agent.
Thus, signatures made using technical methods are difficult objects to study due to a number of factors determined by the way they are applied. *(124) .
Let's illustrate this with an example. R. applied to the court to recognize the contract for the provision of paid medical services as invalid and asked for the return of the money paid for poor-quality prosthetics, a penalty, and compensation for non-pecuniary damage. The defendant submitted to the court the plaintiff's medical record, which allegedly contained the plaintiff's signature about giving informed voluntary consent specifically to the chosen method of treatment, to performing a prosthetic operation and choosing a prosthesis design. However, the plaintiff did not recognize her signature, she filed a petition for the appointment of a forensic handwriting examination. The examination showed that the plaintiff's signature was made in a technical way: by scanning the signature from a copy of the contract and its computer printout on a sheet enclosed in the plaintiff's medical record.
As a result, in favor of the plaintiff, the costs of repeated treatment and prosthetics, a penalty in the amount of the cost of the defendant's services, compensation for non-pecuniary damage in the amount of 5,000 rubles were recovered. and legal costs incurred.
Note that the term "signature scanning" in this case means obtaining an image of handwriting objects (signatures), pre-processed using a scanner (a device for converting a graphic object into digital format) and a computer, and then printed using a printer.
In addition to signature scanning, there are other ways of applying a signature as a graphic object, for example, electrophotography, facsimile communication (fax copies), xerox copies, etc. Establishing a specific method for applying such a graphic object, type of a multiplier or character printer is within the competence of forensic technical examination of documents. However, a handwriting expert must be able to distinguish the actual signature (ie, an object applied by handwriting) from its image, applied by a technical method.
Establishing a method (handwritten or not) for applying a handwriting object is the first, but far from trivial task, often solved within the framework of a comprehensive examination alone. It is important not only for the correct assessment of the identified features at the subsequent stages of handwriting examination, but also for the precise formulation of the conclusion in the expert's opinion.
The objects of forensic handwriting examination can be divided into objects in the broad and narrow sense of the word. In a broad sense, the objects of forensic handwriting examination include materials of a civil or criminal case sent for forensic handwriting examination and related to its subject. From the case materials, the handwriting expert receives the initial data necessary for the initial expert analysis. The initial data includes various information about the alleged perpetrator, including age, profession, native language, possible diseases, as well as the circumstances of the case.
In a narrow sense, the object of forensic handwriting examination is a handwritten text, as well as the system of handwriting properties expressed in it.
The problem of the study of forensic handwriting objects is related to the peculiarities of the study of modern handwritten texts and signatures. As Sysoeva L.A. rightly pointed out, “changes in external (manifestation of new-type copybooks, modern writing instruments, etc.) and internal (formation of the personality of a new formation) factors affecting the formation of handwriting that occurred in the last three decades of the twentieth century in our country, significantly changed the structure (structure) of the handwriting of contemporaries, which required the adjustment of a number of characteristics of its general and particular features" *(125) .
The objects of forensic handwriting examination include:
handwritten text - a type of manuscript, the content of which is fixed using alphabetic or numeric values;
signature - a type of manuscript that reflects the surname, often the name and patronymic of the person in the form of letters or conventional written characters. The signature has a credential value;
short record - a type of manuscript, the content of which is fixed using one to three words or one to seven digital designations;
performed under unusual conditions involving intentional alteration *(126) .
Forensic handwriting problems can be divided into identification and diagnostic.
Identification tasks include:
establishing the group affiliation of the executor of the manuscript under study;
individual identification of the executor of the studied manuscript.
Identification tasks related to the individual identification of the performer are divided into tasks:
associated with the establishment (identification) of a specific contractor;
associated with the denial (exclusion) of the identity of a particular performer in the absence of a natural similarity of the compared handwriting;
associated with the denial (exclusion) of the identity of a particular performer in the presence of such a similarity.
Thus, the main tasks of the forensic examination of handwriting are the identification of the performer or the establishment of the properties and states of the performer.
In accordance with this, when solving the identification problems of handwriting examination, the following questions can be raised.
1. Which of the indicated persons (for example, Ivanov, Petrov or Sidorov) made handwritten texts, alphabetic or numeric entries in this document?
2. Who signed on behalf of a certain person, himself or another person?
3. Have the texts (signatures) in different documents or separate parts of the text in one document been made by one person (for example, signatures on behalf of Ivanov in the invoice and expense order or handwritten text and signature on behalf of Ivanov)?
4. Is the entire document and part of it executed by one person (for example, the inscriptions on the title page of the manuscript and the manuscript itself)?
Diagnostic tasks are related to the solution of the following questions.
1. Is the handwriting written by a man or a woman?
3. Was the handwritten text (signature) made in an unusual environment (for example, in the cold, in an unusual position for the performer, etc.), in an unusual state of the writer (illness, alcohol or drug intoxication, a state of passion, etc.)?
4. Is the manuscript under study made in a deliberately changed handwriting, imitating a poorly developed handwriting, the handwriting of a particular person, with the left hand (if he habitually writes with his right hand)?
5. Have any words or numbers been added to this text by another person? Were fragments of text, separate documents executed by different persons?
6. Is the text or signature imitating the handwriting or signature of a specific person on behalf of a fictitious person? *(127)
A typical example. Under a copyright lawsuit, G. was presented with a manuscript of a book, part of which was unlawfully borrowed and included in a composite work (collection). The author of this part was not G., but M. The handwriting examination carried out in the case established that the title page, on which G. was indicated as the author of the work, and the rest of the text of the manuscript were written by different persons. At the same time, the title page was made by G., and the rest of the manuscript was made by another person. Taking into account the conclusions of the examination, G.'s claims were denied.
An analysis of the practice of appointing forensic handwriting examinations in civil and arbitration proceedings shows that they are most often appointed in the following categories of cases:
on the invalidation of a will, a certificate of the right to inheritance, a certificate of state registration of property rights and recognition of property rights;
on debt collection under a loan agreement, under a service agreement (for example, the appointment of a handwriting examination in cases of debt collection by mobile companies from subscribers who refuse to pay the debt);
on the recognition of the contract for the transfer of housing into ownership invalid;
on the invalidation of contracts (purchase and sale, donation, rent, life maintenance with a dependent);
on labor disputes (on the recovery of wages, on reinstatement at work);
when appealing against the actions of officials (handwriting examination of the text of the protocol on an administrative offense), on declaring a marriage invalid, on the division of jointly acquired property, on the recovery of compensation for copyright infringement.
Judicial handwriting expertise is very often appointed when considering cases in an arbitration court. As you know, the competence of the arbitration court includes consideration of property disputes in economic cases. In support of their claims, the parties submit documents of various kinds. These include agreements and contracts (purchase and sale, loan, contracting, etc.); agreements, additional agreements to the main agreements; business letters; promissory notes; minutes of general meetings of societies and partnerships. With regard to these documents, a handwriting examination is appointed if there is doubt about their authenticity. In most cases, the direct object of handwriting examination in arbitration cases are signatures, less often - short notes. Interestingly, as a result of the generalization of practice, some handwriting features of these objects were identified. Thus, almost all signatures were characterized by a high degree of elaboration; among the studied signatures, signatures characterized by mixed transcription and low information content prevailed. This can be explained by the fact that the investigated signatures in the disputed documents are carried out by officials who have the right to dispose of monetary and material resources. As a rule, these persons have a higher professional education, professional experience in this field, a level of intellectual development, etc.
In criminal proceedings, most often, a handwriting expert is faced with identification tasks about the authenticity (or inauthenticity) of the signatures under study with the resolution of diagnostic tasks in parallel. *(128) .
Let's illustrate this with an example. At the request of the lawyer, the signature of Z., made on the decision of the judge of the Arbitration Court of the city of D-ska, was received for handwriting research, handwritten. The handwriting specialist was asked the following question: "Was the signature in the ruling executed by Judge Z. or by another person?" Signatures on resolutions and protocols executed by Z. were presented as comparative samples, which was certified by the Arbitration Court of the city of D-ska. When comparing the features of the movements that appeared during the execution of the signature under study, with the features of the movements that appeared in the samples of the signature of Judge Z., differences were established between general (transcription, pressure, direction of the base of the signature) and private signs. When evaluating the results of a comparative study, it was found that the identified differing features are relatively stable and form a set sufficient to conclude that the signature under study was performed not by Z., but by another person. This conclusion of a handwriting specialist served as the basis for the cancellation of the said ruling of the arbitration court by the cassation instance.
An important point that determines the effective conduct of a handwriting examination is the high-quality preparation and execution of materials, as well as a thorough and targeted examination of material evidence. It allows you to clearly define the object of research, establish its individualizing features, determine the type and nature of the handwriting samples of the alleged performers, and ultimately correctly formulate the task for the expert. Of great importance is the examination and study of the manuscript under study when the investigator or the court sets tasks of an identification nature or tasks that require a comprehensive study of the document with the participation of experts from various specialties.
The court ruling on the appointment of an expert examination must contain the questions posed to the expert; information about known circumstances related to the subject of the examination (conditions for the execution of the document under study, samples; the state of the performer at the time of execution, etc.); list of materials submitted for examination (objects of study, comparative material, etc.).
It is important to note that the originals of the examined documents must be submitted for examination. This requirement is due to the fact that, firstly, it is impossible to conduct a technical study on photocopies of documents, which, in accordance with the methodology of forensic handwriting examination, is an obligatory stage in the study of signatures in order to establish whether the signature was made by recopying; secondly, it is extremely difficult to establish the conditions that affect changes in handwriting features.
Therefore, the presentation of photocopies of documents (photocopies, blueprints), as well as documents made through carbon paper, is highly undesirable, since even a very well-made copy significantly limits the possibilities of studying handwriting.
The effectiveness of a forensic handwriting examination depends on correctly collected comparative materials - samples of the handwriting of the alleged performer.
Therefore, the issue of sample preparation required for a comparative study is extremely important.
Comparative material should be of appropriate quality and sufficient in quantity. The proper quality of the samples is their comparability in terms of the time of writing and the type of document, language, content, writing material, method of execution and, if possible, the conditions for execution. A sufficient number of samples is their volume, which would provide the possibility of a complete and comprehensive comparison of all the features contained in the text under study, the signature.
The literature indicates that there should be at least 5-6 free samples of handwriting, and different in nature (materials of a personal file, applications, draft notes, letters, etc.), free samples of signatures - at least 10 (these include signatures in payrolls, applications, instructions for receiving pensions, etc.). Experimental samples of handwriting are selected in an amount of at least 12 sheets.
The examined manuscripts may be very brief and written in unusual conditions, and therefore they may show signs that are rarely found in handwriting. In such cases, the presentation of a large number of manuscripts, diverse in purpose and conditions of execution - handwriting samples of the alleged performer makes it possible to establish various variants of handwriting features, determine the frequency of occurrence, stability and variation limits, conduct a complete and in-depth comparative study and give a correct assessment of its results.
In addition, the study of handwriting using currently used mathematical methods based on probabilistic statistics requires a large volume of samples. Thus, when examining similar handwriting, samples of the handwriting of each proposed performer must be submitted in the amount of at least 20 sheets of a standard format of documents of different nature.
To solve forensic handwriting problems, three types of handwriting and signature samples are presented: free, experimental and conditionally free.
Free samples of handwriting are manuscripts (signatures) made by a certain person outside of the case on which the examination is being carried out, when the performer did not assume that they could be used as comparative material in the production of the examination. Free samples can be texts related to official correspondence, autobiographies, self-filled questionnaires, applications, personal letters, signatures in payrolls, cash orders, library documents, pension orders and other documents. Thus, free samples are the most valuable comparative material, since they are usually performed without intentionally changing handwriting features.
One of the main requirements for free samples is the certainty of their origin, i.e. the indisputable belonging of the manuscripts to the person whose handwriting samples they should serve. To verify this, the court presents the collected manuscripts for identification to the person on whose behalf they were executed. The identification results are recorded in the protocol. Each sample is certified by the person who completed it, for example: "The text is made by me. Signature."
If for some reason (stay in another place, death) it is impossible to present manuscripts for identification to the person himself, they can be presented to the administration of the enterprise where this person worked, his colleagues, acquaintances or relatives in order to confirm their ownership, which should be specifically noted in the decision on the appointment of the examination. If samples raise doubts about their authenticity and it is impossible to eliminate these, they should not be submitted for examination. It should be noted that errors made in the selection of samples entail expert errors, and this will send the court on the wrong track.
Free samples submitted for examination must be comparable with the document under study, which is achieved by their compliance with the document under study in a number of parameters.
By writing and language. Free samples must be made in the same language as the text under study. When appointing an examination of documents made in foreign languages, it is necessary to determine in which language the manuscript was written and to establish in which expert institution there are specialists who can conduct a handwriting examination. To resolve the issue of establishing the language, the court may use the advice of a specialist linguist (linguist).
By execution time. Despite the relative stability of the writing-motor skill, facial handwriting can change significantly over time. When examining manuscripts made in a highly developed handwriting, the time gap between the execution of the studied text and samples can be from five to eight years. In this case, a comparative study is possible, provided that the person in question has not suffered diseases during the given period, as a result of which changes in the signs of handwriting could occur, as well as the exclusion of the possibility of external factors.
In other cases, it is very important that the time gap be as small as possible. This is especially necessary to take into account when examining documents made by elderly people, as well as those with a handwriting of low and medium degree of development.
When examining manuscripts made with a large time gap, the expert must have information about the age, education, specialty, writing practice of a particular person, diseases he has suffered that affect handwriting, in order to properly assess the differing signs of handwriting established during the study.
According to the target content and purpose. These circumstances often influence the writer's choice of handwriting. So, when compiling accounting documents, filling out a questionnaire and other documents, one version of handwriting (for example, stylized) can be used, and in personal correspondence - another (cursive, abbreviated words, simplified letters, etc.). When compiling official documents, a person can write slowly in a handwriting of a complicated structure, when compiling notes - a variant of a handwriting adapted for fast writing. These variants of the handwriting of one person are characterized by a different set of features. When examining large manuscripts (for example, essays, letters, statements), it is advisable to present similar comparative materials, which allows a comparative study on the signs of written speech and signs that reflect the spatial orientation of movements, which are of great identification significance, often remaining stable even with intentional handwriting distortion.
Based on the content of the letter. It is very important that the samples are made with the same writing instrument and, if possible, on the same paper. The influence of the type of writing instrument and writing materials on the change in handwriting can be so significant that the differing features established during the examination do not allow the expert to draw a definite conclusion about the executor of the manuscript. These changes can be especially significant when writing with an unusual writing instrument, such as a fountain pen, a pointed stick. In some cases, changes in the signs of handwriting are observed even when changing the usual fountain pen to a ballpoint or pencil.
Under the terms of implementation. If the document under study was made in some unusual conditions (for example, standing or sitting with the manuscript on its knees, etc.), then documents made in similar conditions are desirable as free samples of handwriting (signature).
According to the state of the writer. If it is known that the document under study was made by a person in an unusual condition (for example, during eye or hand illness), then it is desirable to submit manuscripts made in the same condition as free samples for handwriting examination. The unusual mental and physical state of the performer of the text (the presence of a disease, injury, alcohol intoxication) often causes significant changes in the signs of handwriting. Lack of proper handwriting samples may make examination impossible.
The pace of writing. With a sharp acceleration or deceleration of the tempo of writing, the person performing the text may switch to a new version of the letter (in this case, a change in the structure of the handwriting as a whole is not ruled out; elements of simplification may appear in simple and complicated handwriting under the influence of a very fast pace).
It should be noted that a change in the pace of writing may not be accompanied by pronounced signs of unusual execution of the letter, so the investigator or judge may not notice this when examining the document. And that is why, for a more thorough processing of materials when appointing a handwriting examination, it is recommended that the investigator and the court resort to the help of specialists, consult with employees of expert institutions.
By way of execution. If the document under study is executed in imitation of some font (for example, a drawing one) or written with the left hand (in normal writing with the right hand), it is recommended to try to find free samples made in the same way. This requirement is caused by the need to establish a set of features specific to such a letter. Conducting a handwriting examination without appropriate samples of handwriting is possible in rare cases when a manuscript under study, for example, made with imitation of a typeface at a fast pace, showed a large number of signs of cursive handwriting.
The need for free samples of handwriting made by the same hand arises, as a rule, when manuscripts made by the left hand are submitted for research. If a person habitually writes with his left hand (due to the absence or illness of his right hand, or because he is left-handed from birth), then the selection of free samples is carried out according to general rules.
If left-hand writing is resorted to as a means of changing one's handwriting, then in the studied manuscript, in the absence of the skill of such writing, one usually notices the sharply deformed appearance of letters and signs: “mirror images”, the versatile position of the longitudinal axes of letters, pronounced breaks in strokes, especially in ovals and rounded elements of letters, instability of the general features of handwriting, uneven sizes of written characters, letters of the same name differ in structure.
On the basis of written language. It is desirable that free samples correspond to the document under study on the basis of written speech (functional and stylistic affiliation of the text). In this case, free samples can be written reports, theses, articles, abstracts, which quite fully reflect the features of the writer's written speech.
Experimental samples- these are manuscripts that are performed specifically for the examination appointed by the investigator in a specific civil or criminal case. All experimental samples of handwriting, signatures, as a rule, are executed in the presence of investigators in order to avoid doubts about the authenticity of the samples. Experimental samples, as well as free ones, must be comparable with the object under study in all the parameters listed above.
The advantage of experimental samples is that they can be selected under conditions as close as possible to those in which (as expected) the text under study was performed.
Therefore, judges must strictly adhere to the rules for obtaining experimental samples and determine the conditions for their selection themselves as a result of examining the document being examined and on the basis of data obtained during the interrogation of persons involved in its manufacture.
Conditionally free samples of handwriting and signature. These include manuscripts or signatures on documents that were made after the case arose, but not specifically for comparative research. For example, documents on the case, including explanations, comments, complaints, protocols of interrogations, as well as other manuscripts made during the conduct of the case.
These are the most general requirements for the preparation of comparative materials for examination. At the same time, it should be taken into account that the preparation of comparative materials for handwriting expertise, depending on the characteristics of some handwriting objects, has certain specifics.
So, when appointing an examination of signatures, additional requirements are imposed on comparative materials.
The signature is formed on the basis of the developed writing-motor skill, although an illiterate person also develops the ability to fulfill his surname (signature). Due to the frequent repetition of the same combination of letters of the surname, the signature is formed faster than the handwriting, stability appears in the features of the lettering, which characterizes the individuality of the signature and the automatism of movements. As a result of the action of external factors, a person can develop various options for signatures when executing heterogeneous documents. Also, the execution of one or another version of the signature depends on the state of the person, the number of signatures he performs on documents, and even on the size of the column and its place in the form of the document. Transcription of signatures can be alphabetic, dashed and mixed.
In forensic handwriting, there is a certain methodology for studying signatures. The peculiarity of the examination of signatures, in particular, lies in the mandatory determination by the expert of its authenticity (i.e. determining whether the signature was made by the person on whose behalf it appears in the document, whether it was executed using forgery tools).
From the foregoing follows the originality in the formulation of questions when appointing an examination, and a number of specific requirements for free and experimental samples. So, when receiving experimental samples from a suspected person, in addition to free samples of his signature, handwriting samples in the form of the names of the persons on whose behalf the documents under study were made are taken. Signature samples should be performed on separate sheets of paper at intervals in time and in several stages in order to avoid imitation, copying of the signature variant.
Features of the preparation of materials in the study of manuscripts made in distorted handwriting. Preparing handwriting samples when examining manuscripts in altered handwriting is a challenge for investigators. When examining the document under study, it is easy to determine the type of distortion: a letter imitating the printed type, made with the left hand in the absence of the skill of writing with this hand, with a change in the slope of the handwriting. In such cases, the investigator can independently select experimental samples, inviting the suspected persons to write with a change in the same signs. Sometimes establishing the type of change in handwriting requires the participation of a specialist in the field of forensic handwriting, who, taking into account the nature of the change in handwriting in the document under study, determines the conditions for selecting experimental handwriting samples from specific individuals and selects them together with the investigator.
The system of identification features of handwriting, reflected in the works of V.F. Orlova and others, provides for the division of common features into the following groups:
reflecting spatial orientation (topographic);
reflecting the degree and nature of the formation of the written-motor skill;
reflecting the structural nature of the formation of the written-motor skill;
reflecting the structural characteristics of the trajectory of movements.
The complexity of evaluating the identified coinciding and differing features, establishing their possible dependence on distortion necessitates obtaining a significant volume and comparative material of various nature for handwriting examination. The expert must have at least 40 sheets of comparative and experimental samples.
Features of sample preparation in the study of similar handwriting. In cases where an examination is appointed to determine whether the documents are executed in similar handwriting, additional methods are recommended for obtaining experimental samples from persons whose handwriting is subjected to expert examination. Samples are selected in the form of texts of the same content, executed at the usual pace for each letter, on homogeneous materials, with a common writing instrument.
In the process of research, the frequency of repetition of variants of handwriting features of each person in respect of whom the examination is being carried out is necessarily established. Therefore, the expert should be presented with a large number of diverse free and experimental handwriting samples of each person, differing in their content, intended purpose and related to different times. In addition, the expert must provide the following information regarding persons whose manuscripts are sent for handwriting examination: education, place of work, length of service and other circumstances that may affect the formation of handwriting, its structure.
Features of the preparation of comparative materials in the examination of manuscripts made with a gap in time. It is known that the stability of handwriting features is influenced by the nature and volume of writing practice, the age of the writer, and the state of his health. Therefore, when appointing a handwriting examination, it is necessary to provide the expert with information about the alleged executors of the manuscript.
In the process of preparing samples, the court must take into account the fact that over time, persons with an unformed, poorly developed handwriting, as well as persons of advanced age or who have had illnesses during the time elapsed from the moment the document was written to the appointment of an examination, may experience significant changes in handwriting.
The study of the handwriting of the elderly suggests the presence of samples that are close in execution time to the time of preparation of the document under study. In these cases, the expert must provide information about the age and state of health of the person in respect of whom the handwriting expertise is being carried out, since old age can lead to significant changes in handwriting.
One of the most difficult problems for judges during the consideration of arbitration and civil cases was the preparation of comparative material when appointing a handwriting examination. As a rule, they provide insufficient material for conducting a handwriting examination, as a result of which the experts are forced to file petitions for the submission of additional materials and clarification of certain circumstances related to the examination. Judges do not always know what handwriting samples should be presented to the expert, how to get them, how to check the authenticity, how to formalize their receipt. Moreover, in the rulings on the appointment of a forensic handwriting examination, there is no information about the issues and candidacies of the expert institution and the expert himself, proposed by the persons participating in the case, which is a significant violation of Art. 79 Code of Civil Procedure of the Russian Federation.
Thus, the mistakes that judges make even during the appointment of a handwriting examination, including the preparation of materials, the formulation of questions, etc., entail an expert error and, as a result, the occurrence of a judicial error, which is completely unacceptable. In order to avoid such problems, judges need to more carefully study the methodological literature on the appointment of handwriting expertise, where recommendations on this issue are formulated. So, the question to the expert should be put clearly, clearly, not to allow double interpretation, for example: "Was the handwritten text in the contract for life maintenance with a dependent dated 10.08.2009 - "Bulkin Ivan Ivanovich" Bulkin Ivan Ivanovich or another person executed?" The question posed to the handwriting expert should not go beyond his competence, and must also meet the current level of development of forensic handwriting and comply with the methodology for conducting forensic handwriting examination.
Complicated process for the court is the assessment of the expert's opinion. At this stage, the judges need to evaluate: the scientific validity of the conclusion (the methods and techniques used, an assessment of the appropriateness of their application in this case); check the completeness of the conclusion and the logical validity of the process and results of the expert study. As a rule, judges have difficulties on a number of issues, since they do not have special knowledge in the relevant field of science, technology, art, and therefore they need to resort to the help of a specialist in order to exclude the appearance of erroneous judgments about the groundlessness or incorrectness of the expert opinion.
The signature in financial and payment documents continues to be a significant identifying object for handwriting expertise in many categories of civil cases. Therefore, at the moment, forensic handwriting examination is the most important source of evidence in establishing the truth in civil and arbitration cases.
CJSC Bratsk Woodworking Plant took a loan from Sberbank in the amount of 30 million rubles. at 25% per annum for a period of one year. According to the prosecutor's office, concluding the contract, the mayor violated the requirements of the budget legislation. At the time of the transaction, the maximum amount of municipal guarantees in the amount of 16 million rubles. was completely exhausted. The loan was issued under the guarantees of the city administration, and the wife of the mayor T. Petrunko was the owner of a controlling stake in CJSC BDK. However, the mayor of the city stated that his signature on the document was forged. To identify intruders, forensic handwriting examinations and forensic technical examinations of documents were carried out. Experts have established that both the mayor's signature on the contract and the seal of the Bratsk administration are genuine. *(129) . However, the contract was not registered with the financial department of Bratsk, and therefore was declared invalid.
It is important to note that errors associated with the appointment and conduct of an examination arise not only through the fault of judges and other persons who have the right to appoint an examination, but also through the fault of experts. It should be noted that handwriting research is a complex mental and logical process, as a result of which the expert comes to certain conclusions. Throughout the study, the expert evaluates and analyzes the information received by him. To evaluate means to determine the identification or non-identification information content of properties and features, the value of coinciding and differing features, both individually and in combination.
The assessment manifests itself in the form of expert judgments, in which the place and role of the evaluated properties and features in the formation of his intermediate conclusions based on the results of a separate and comparative study and final conclusions based on the results of the assessment of all study results are determined.
Moreover, the assessment should be considered not as a one-time act, but as a certain process of logical proof. Each stage of the expert study has its own specifics in the valuation activity, related both to the subject of the valuation and to its nature.
At the stage of a separate study, the expert evaluates which features are the most common, and which are rare and, in their totality, can individualize the handwriting of a particular person.
The expert's value judgments at the stage of a separate expert study are reflected in the expert's opinion in the form of private syntheses.
Evaluation of signs in the stage of comparative research is associated with the analysis of coinciding and differing signs. Coincident signs are evaluated primarily based on the frequency of their occurrence, i.e. identification information. With respect to different features, it is established whether they are stable or not. Stable differences, not explained by the action of any factors, will be the basis for a negative conclusion about the identity, while random differences in features may not affect the final assessment. Differences in signs are evaluated taking into account the possible reasons for their occurrence (gap in time between the moment of execution and samples, the effect of external factors).
The most important stage of the assessment is its final stage, when the assessment activity acquires independent significance. At this stage, the similarities and differences of signs are evaluated and, taking into account all available data, the results of the study are evaluated.
So, expert evaluation can be considered as a process of information accumulation, which at the appropriate stage leads to the formation of such a set of it - a system that is a sufficient basis for a certain conclusion. The process of accumulation of information evaluated by an expert is associated with the analysis of both coinciding and differing features. At the same time, it is not excluded that the expert will formulate a positive conclusion on the basis of coinciding signs in the presence of differences in signs, and a negative one - on the basis of differences in the presence of coinciding ones. In these cases, the number of signs that formally contradict the expert's conclusion is not of decisive importance in the assessment, since the main thing is to determine their nature and cause of occurrence. So, an expert can formulate a negative conclusion on the basis of 3-4 different signs if there are 20 matching ones. He can explain the coincidences of signs by the fact that they are common, and the differences are not the result of distortion or the action of another reason that entails a change in handwriting.
Thus, by themselves, quantitative characteristics do not have advantages in such situations over qualitative ones.
It should be noted the factors influencing the evaluation activity of the expert. They can be divided into two groups: 1) objective and 2) subjective factors. The objective factors that determine the evaluative activity of a handwriting expert include the material submitted for handwriting examination and the scientific provisions of the handwriting identification methodology related to a particular study.
The scientific provisions of the methodology of handwriting examination should include the general provisions and principles of the theory of identification, the results of studies of the basic properties of handwriting, and the developed methods for studying specific handwriting objects.
The scientific validity of the conclusion and the nature of the conclusions of the handwriting expert depend to a large extent on the features and volume of the graphic material contained in the document under study and comparative materials - samples.
Comparative material is an objective factor that influences the formation of value judgments. The expert, using samples, evaluates and determines the reliability, volume (availability of free and experimental samples), compliance with the document under study in terms of content, time, nature, conditions and method of execution (for example, the similarity of materials, the presence of samples made by the left hand, if there is an assumption about writing the text under study with the left hand, and compliance with other necessary conditions). As already noted, the effectiveness and obtaining reliable conclusions of a handwriting study depend on the correct selection and use of comparative material.
When familiarizing himself with the materials submitted for examination, the expert must show maximum attention in order to obtain from it data on the main properties of the handwriting - the individuality and stability of its features, due to which the identity of the performer is possible.
The objective factors influencing the evaluation activity, as already noted, include the research methodology as a system of cognitive means that determine the content and structure of the research expert activity. Today, it is important for a handwriting expert to choose the right technique in the performance of an examination, since the unreasonable use of one or another technique will lead to an erroneous conclusion.
The subjective factors influencing the results of the evaluative activity of a handwriting expert include the level of mastery of special knowledge, professional level and intuition, and psychological qualities.
One of the main reasons for the erroneous conclusions of the expert about the executor of the manuscripts is the lack of experience in the production of handwriting examinations, insufficient qualifications and, as a result, an incorrect assessment of the significance of the established features.
Thus, it is necessary to take into account, first of all, the subjective qualities of an expert as a person, his general training, the degree of knowledge of the subject of handwriting research, possession of existing methods for studying handwriting objects, and at the same time, one should not forget about a number of requirements necessary for the implementation of professional functions, the absence of which may adversely affect the conclusion. These include increased, selective ability of visual analyzers, accuracy of visual perceptions, exceptional attentiveness, observation, objectivity in judgments, an increased sense of professional responsibility, etc.
These shortcomings (formulation of questions, preparation of materials for examination, etc.), which handwriting experts face, create grounds for procedural violations, since the issue of appointing an examination is decided within the framework of a civil process in a court session, and the research process itself is carried out by experts .
Along with this, there is another important problem of judicial handwriting - the problem of assessing the expert's opinion by the court. As already noted, handwriting examination is carried out by decision of the judicial authorities and the effectiveness of the examination will depend on how objectively the court was able to evaluate the expert's conclusion. For this, it is necessary for the court to understand the essence of this study and assess its importance for judicial proceedings.
Checking the reliability of the conclusion of a handwriting expert includes:
comparing it with other data on the case in the system of evidence as a whole;
specialist advice;
appointment and conduct of additional and repeated examination.
The assessment of the conclusion is carried out by the subject of proof on the basis of inner conviction on the basis of a comprehensive, complete, objective and direct examination of the evidence. *(130) .
What is an independent handwriting examination and how much does it cost? What questions does the expert consider during the examination? What determines the price of a handwriting examination based on a copy of a document?
Hello, dear readers of the HeatherBober business magazine! With you - Anna Medvedeva.
In a new article, we will talk about the examination of handwriting. Handwritten documents are of great importance in many lawsuits. Therefore, if you had to deal with the examination of handwriting, it would be nice to know the nuances of this procedure.
So, let's begin.
1. What is a handwriting examination and by whom is it carried out?
Criminalistics is characterized by diversity, complexity and special specificity of areas of expert activity. The study of handwriting - one of the ways to identify a person - is included in this list. This procedure is quite complicated and requires a highly qualified expert.
This is a type of forensic investigation that is ordered during a civil or criminal process when questions arise regarding handwritten documents.
Main purpose handwriting examination - is to establish the author of a handwritten document. But besides this, in the course of the study, it is possible to determine the age and gender of the author, the prescription of the text, as well as the circumstances under which the text was written. For example, exposure to drugs, stress, affect, etc.
Since the result of the examination of handwriting is one of the evidence in the trial, it can be appointed by a judge, investigator or interrogating officer. However, the legislation also allows those cases when the initiator is an individual.
Independent handwriting expertise just as legal as the government. But in order to carry it out, the organization must have a license for this type of activity and a staff of specialists with appropriate qualifications.
Handwriting examination is carried out when:
- the document under study (original or, in extreme cases, a high-quality copy);
- handwriting sample.
A handwriting examination of a copy of a document (photocopy or photograph) is carried out if the original is lost or one of the parties refuses to provide it. This may also be the case when the document is in legal proceedings and it is not possible to withdraw it for examination.
In the review article "" read about the details of this process.
2. When handwriting expertise may be needed - an overview of the main situations
We have already mentioned that handwriting examination is most often carried out when additional evidence is needed for the court. Now let's take a closer look at the most common situations.
Case 1: Corporate Fraud
In such cases, the examination of signatures on various corporate documents is more often carried out. Signatures are forged on the minutes of general meetings and decisions of the sole participant, powers of attorney, orders, etc.
According to these papers, the person who forged the signature or text is determined. Also, facts of changes in the content of a document or text, ways of their execution, etc. are revealed.
Situation 2. Fraud in divorce proceedings
During a divorce, property is divided, so ex-spouses sometimes resort to forging documents. This is done with a well-known goal - not to divide, but to keep completely any of the movable or immovable property (house, apartment, car, land, etc.).
An example of this type of fraud is the falsification of IOUs, loan agreements, purchase and sale agreements, etc.
Situation 3. Inheritance disputes
Wills with forged signatures are not uncommon. This is especially common when the direct heirs of the deceased person become victims of fraudsters.
The main difficulty in conducting an examination in this case is that only old records that were ever made by the deceased (if any exist at all) can be provided for examination.
Case 4. Fraud in contracts
Signature forgery is found on a variety of contracts - loans, mortgages, guarantees, etc. Anyone can suffer from this, from an ordinary pensioner for whom a service agreement was signed to a legal entity that allegedly received the goods and did not pay for it.
Situation 5. Economic crimes
In the arbitration process, a forensic handwriting examination is often assigned. The parties provide contracts, agreements, business records, bills of exchange, minutes of meetings, etc.
Signatures and short notes become the object of examination in this case. The procedure is appointed when the authenticity of the documents on the basis of which fictitious transactions or financial transactions were made is doubtful.
Situation 6. Anonymous letters
If you receive handwritten, anonymous threatening letters, handwriting analysis will reveal some information about the author. For example, one person wrote a letter or several, a man or a woman, his approximate age, etc.
If there is a suspect, then the anonymous letter can be compared with a sample of his letter. Even if the handwriting was deliberately changed, the examination will reveal this.
3. How much does handwriting expertise cost?
When a handwriting examination is carried out, the price is determined primarily depending on the complexity of the work.
Types of handwriting expertise, their characteristics, degree of complexity and economy:
| № | Type of expertise | Characteristic | The level of complexity and economy of the method |
| 1 | calligraphic | Used to authenticate signatures. | The simplest and cheapest. |
| 2 | Electro factor | The need for it arises if a copy is provided for examination, and not the original. Then the text is deciphered first, and then the authenticity is determined. | Complicated and costly. |
| 3 | Judicial | It is held on the basis of the legislative apparatus at the initiative of law enforcement agencies. | It can be both simple and complex. Economical. |
The price for the first object of study is usually set much higher than for subsequent ones. Many companies provide discounts, depending on the number of documents to be examined.
The region and additional costs matter.
Example
The expert bureau operates in Moscow. If you live in Moscow, Moscow region, St. Petersburg or Leningrad region, your order will cost slightly less than orders from other regions.
In addition, postage and travel of the expert to the court will be paid separately. Urgent orders are a little more expensive, but there is a discount system for bulk orders.
As you can see, even if the company has a fixed price tag, it is only possible to unambiguously answer how much a handwriting examination costs, having decided on the type of work. And in each case the price will be individual.
Examination of a copy of a document is often difficult for specialists. Signature characteristics may change when using copiers. Examiners need to determine what type of copying technique was used, whether the sample signature is suitable for a full examination, etc. The cost in such cases depends on the complexity and number of additional studies.
If you have any doubts or questions, please consult a specialist. They will explain all the incomprehensible points to you and help you with good advice.
As an example of a high level of legal service, we recommend Pravoved.ru. Free answers to questions can be obtained online. Or leave a request and get a more detailed consultation for a fee.
A large number of lawyers throughout Russia cooperate with the resource, which allows you to find a knowledgeable consultant in any legal field.
5. Where to order handwriting expertise - an overview of the TOP-3 service providers
Where to conduct an independent examination of handwriting to be sure of the quality of the study? Here are a few organizations to choose from.
1) Legal Expertise Center "Prometheus"
The company has been engaged in judicial and pre-trial examinations for more than 10 years. More than 5,000 studies have already been carried out here. Prometheus employs only experienced experts with appropriate education and high qualifications.
The main goal of the team is to work for the result. Above all, they put honesty, justice and responsibility.
Taking into account the requests that appear on the market, the company has included property valuation and legal assistance in the list of its services. Now you can get comprehensive professional service.
Examination of handwriting is carried out quickly and efficiently. Leave a request on the site and wait to be contacted.
2) Autonomous non-profit organization "Independent Expertise"
This company, which conducts all types of examinations, is recommended by such organizations as the Prosecutor General's Office of the Russian Federation, the Ministry of Internal Affairs of Russia, the Ministry of Emergency Situations of the Russian Federation and even the Government of the Russian Federation. Among their services are also certification, continuing education courses, verification of individuals and legal entities and legal services.
Here you can order an extrajudicial examination of a signature, a forensic examination of a signature and other types of examinations, which include handwriting examination. Questions to the expert that are encountered most often can be studied on the site or you can send your question, to which you will be given a detailed answer.
The conclusions of the "Independent Expertise" are accepted in all courts of the Russian Federation.
3) Center for Forensic Expertise and Research "Formula"
The organization conducts a wide variety of forensic and extrajudicial research, examinations and tests, which, over many years of practice, the specialists of the center have already carried out several thousand. Highly qualified experts work here and only the most modern methods and equipment are used.
Thanks to online technologies, the company operates throughout Russia. For many years of professional activity, the center of expertise has gained clients in every region of our country.
On the site you can leave a request, or you can independently calculate the cost of the order in the existing application. Employees themselves recommend calling by phone and discussing prices and nuances in a personal conversation.
6. When it is possible to challenge the results of a handwriting examination - 3 main reasons
If you are not satisfied with the result of the examination or you are sure that the examiner made mistakes, you can file a request for a re-examination. On what basis can this be done?
Reason 1. The document does not contain information about the expert
This is quite enough to require a review for examination. Because the full name of the expert is included in the list of mandatory information that must contain the Resolution on the examination. The court, of course, recognizes the violation of the procedure for registration, and the decision will be considered invalid.
There is another interesting nuance. You have the right to reject the selected expert and request the appointment of a specialist of your choice.
The article "" will tell you about another type of examination.
Reason 2. Errors in the design of the examination
A typical mistake is the presentation of the results of the examination in the form of a certificate. Help is a completely different document.
Unlike the decision on examination, the certificate does not contain information:
- that the expert has been warned of criminal liability;
- that the examiner complied with the procedure for selecting handwriting samples;
- on the basis of what normative legal documents the expert made conclusions;
- about the methods that were used to conduct the examination;
- that the expert had at his disposal a sufficient number of handwriting samples.
Since the certificate does not comply with the norms of the document presented as evidence, the court does not recognize the result of the examination as valid.
The appointment of a forensic examination is a procedural action that is implemented subject to the conditions specified by law. It does not come down only to the drawing up by the investigator of a resolution (determination by the court) on the conduct of an expert examination. When appointing an examination, the investigator (court) determines the specific grounds and conditions for conducting the examination, the subject of the examination, the objects of study, the competent person or expert institution where the handwriting examination will be carried out, the place and time of the examination.
Recognizing the necessary appointment of a forensic examination, the investigator, in accordance with Art. Art. 195 (196) and 199 of the Code of Criminal Procedure of the Russian Federation, makes a decision, and the judge (court), guided by Art. 283 of the Code of Criminal Procedure of the Russian Federation, at the request of the parties or on their own initiative, may appoint a forensic examination. If a court examination is appointed, the presiding judge invites the parties to submit questions in writing to the expert. The questions raised must be announced and the opinions of the participants in the trial must be heard on them. Having considered these issues, the court, by its ruling or resolution, rejects those that do not relate to the criminal case or the competence of the expert, and formulates new issues. Forensic examination is carried out in the manner prescribed by Chapter 27 of the Code of Criminal Procedure of the Russian Federation. Necessity is understood as the need to solve problems with the help of special knowledge in science, technology, art and craft.
The legal basis for the production of handwriting expertise is the decision of the investigator or judge or the ruling of the court. The procedural procedure for the appointment and production of a handwriting examination during the preliminary investigation is as follows:
1. An investigator may issue a decision on the appointment of a handwriting examination only in connection with an initiated criminal case.
2. The investigator, guided by Art. 195 of the Code of Criminal Procedure of the Russian Federation, issues a resolution on the appointment of a handwriting examination, which, in addition to general information (time, place of compilation, by whom), should contain:
1) grounds for appointment of an expert examination; surname, name and patronymic of the expert or the name of the expert institution in which the handwriting examination should be carried out;
2) questions posed to the expert;
3) materials placed at the disposal of the expert.
Further, the investigator acquaints with the decision on the appointment of an examination of the suspect, the accused, his defense counsel and explains to them the rights provided for in Art. 198 of the Code of Criminal Procedure of the Russian Federation, about which a protocol is drawn up, signed by the investigator and persons who are familiar with the decision. According to part 1 of article 198 of the Code of Criminal Procedure of the Russian Federation, when appointing and conducting a forensic examination, the suspect, the accused, his defense counsel have the right to:
1) get acquainted with the decision on the appointment of a forensic examination;
2) file a challenge to an expert or apply for the conduct of a forensic examination in another expert institution;
3) apply for the involvement as an expert of the persons indicated by them or for the performance of a forensic examination in a specific expert institution;
4) to petition for the introduction of additional questions to the expert in the decision and appointment of a forensic examination;
5) to be present with the permission of the investigator during the forensic examination, to give explanations to the expert;
6) get acquainted with the expert's opinion or the report on the impossibility of giving an opinion, as well as with the protocol of the expert's interrogation.
The witness and the victim, in respect of whom the forensic examination was carried out, have the right to get acquainted with the expert's opinion. In addition, the victim also enjoys the rights provided for in paragraphs 1 and 2 of Part 1 of Art. 198 Code of Criminal Procedure of the Russian Federation.
3. The correct formulation of questions to be resolved by handwriting expertise is of great importance for the objectives of the investigation. They are formulated depending on the circumstances to be established in a criminal case, on the number of suspected persons and the type of documents being examined.
When appointing a forensic handwriting examination, the investigator (court) must determine the direct object of the study: a fragment of text, a digital record, a signature. The individualization of the object under study in the resolution (determination) on the appointment of a handwriting examination is ensured by listing the details of the document as a whole (name, number, date of execution). If a handwriting examination is assigned to a manuscript that does not contain details, its initial and final words and size (number of lines, pages, etc.) are indicated. When examining a manuscript fragment, its verbal content and location in the text are determined. If a signature is subject to examination, the resolution (determination) should indicate the name of the person on whose behalf it was made and its exact placement in the document - line, chapter, preceding words, etc.
A striking example that reinforces the above provision is A.'s credit file, on which a handwriting examination was carried out. On
resolution of the handwriting examination in this case, the following question was posed: “A. or another person signed in the loan agreement No. 61015854164 dated 01.29.2011 in the lines "Client's signature", in the payment column under the Loan agreement No. 61015854164 dated 01.29.2011 in the line "Client's signature" in the questionnaire of CB "Renaissance Capital" (LLC) dated 29.01.2011 in the line "applicant's signature", in the application for connection of additional services dated 29.01. 20113 in the line "signature of the applicant", seized in the criminal case "255923"? 1 .
When formulating questions to the expert, the investigator in the decision on the appointment of a handwriting examination must indicate in which document and what is being investigated. However, in the practice of producing forensic handwriting examinations, there are cases when, in the decision on the appointment of a forensic examination, the question is formulated in such a way that it is impossible to understand the meaning of the task without additional clarification. When the object of research is a signature and the question is raised about its executor, it must be taken into account that one of the features of the signature research methodology is the mandatory study of the handwriting and signatures of the person on whose behalf it appears in order to find out whether the signature was made by this person himself. Therefore, if the expert is tasked with identifying the executor of the signature, then the wording of the question should indicate both the surname of the person on whose behalf this signature appears, and the surnames of other persons who could execute it.
In the case when an expert study is subject to a signature on behalf of a fictitious person, this circumstance must necessarily be reflected in the decision on the appointment of a handwriting examination or directly in the wording of the question itself.
Handwriting examinations are carried out in state and non-state expert institutions, as well as by private experts. However, the bulk of handwriting examinations are carried out in state expert institutions, since the performance of examinations in such institutions has a number of advantages over the production of examinations by private experts. It lies in the fact that in state expert institutions:
– there is appropriate equipment, without which it is often impossible to produce examinations at the modern scientific level;
– organized training of expert personnel and quality control of the examinations performed;
– it is possible to conduct complex complex and commission examinations; – scientific developments of new methods of expert research are carried out 1 .
Forensic institutions in Russia exist in the systems of the Ministry of Internal Affairs and the Ministry of Justice of the Russian Federation, where handwriting examinations are carried out.
The structure of forensic units is currently a system that can be divided into three levels.
EKTs (Forensic Expert Center) of the Ministry of Internal Affairs of Russia was established in 1991 and is the head expert unit of the system of the Ministry of Internal Affairs of Russia for the implementation of the functions of the Ministry; at the second level - forensic centers of the Ministry of Internal Affairs of the republics, the Central Internal Affairs Directorate, the Internal Affairs Directorate of the territories and regions of Russia and is the main link in expert activities; territorial subdivisions of forensic centers (EKC) of the subjects of the federation, carrying out forensic support for the activities of city, inter-district, district and linear internal affairs bodies and located on their territory. The territorial units of the ECC at the level of city and district police departments include departments (10 or more people), departments (at least 6 people) 1 .
The leading expert institution of the Ministry of Justice of the Russian Federation is (Russian Federal Center for Forensic Science) RFTSSE of the Ministry of Justice of the Russian Federation; then come the Far Eastern, Siberian, Ural, Volga, Central, North-Western, North Caucasian, Southern federal districts FTsSE - Federal Centers for Forensic Examinations of the Ministry of Justice of the Russian Federation; on the ground, the forensic institutions of this system are the republican, regional, regional forensic laboratories (LSE) of the Ministry of Justice of Russia.
In addition, handwriting examinations can be performed by private experts. As a rule, they are contacted if experts in state expert institutions are very heavily loaded with other expert examinations and can start producing an expert examination only after some time, and the case is urgent. Other reasons are also possible if an investigator or a judge (court) wants to appoint an examination to a specific person - a well-known specialist in this field of knowledge. Private experts can be:
– employees of state expert institutions performing expertise outside of working hours;
- pensioners, former employees of state expert institutions;
- private experts - professionals for whom this activity is the main one.
When appointing a handwriting examination to a state expert institution, where handwriting examinations are mainly carried out, the investigator sends the decision and the necessary materials to the name of the head of this expert institution. The head of the state expert institution, having received materials with the investigator’s decision on the appointment of a handwriting examination, entrusts the production of the study to one or another expert, taking into account his specialization, work experience and the number of examinations that he has in production. On his own initiative, or at the request of the accused, the investigator may indicate in the decision who specifically should be entrusted with the execution of the handwriting examination.