Frequently asked questions about handwriting expertise. Handwriting expertise. Graphological examination of handwriting and signature

Subject, objects and tasks of handwriting expertise

Handwriting examination refers to the so-called traditional forensic examinations. It is most common in investigative and judicial practice, since it can be assigned to various categories of criminal, administrative and civil cases, including arbitration cases, if during their investigation and trial it becomes necessary to establish facts (factual circumstances) related to the study of manuscripts. The establishment of such facts by solving the corresponding handwriting tasks is item handwriting expertise.

Manuscripts to be studied can be the content of various documents: contracts, acts, statements, receipts, invoices, wills, payment and pension orders, statements, marriage certificates, customs documents, etc. They can be made on ordinary (paper) and unusual (fabric, leatherette, cardboard, wall, wood, human body) material, ordinary (fountain pen, ballpoint pen, pencil) or unusual (brush, nail, pointed stick, match, etc.) writing instrument.

direct object handwriting expertise is a specific handwriting implementation contained in the manuscript, called the object under study. It can be in the form of text, a short note and a signature. If the content of the text and a short note is fixed with the help of alphabetic designations (cursive, stylized, printed), these objects are called alphabetic, if with the help of numbers (Roman, Arabic) - digital; the studied text or record containing both alphabetic and numeric designations is called mixed.

Signatures can be made on behalf of existing, fictitious and unidentified persons. Signatures may contain only letters (alphabetic), only strokes that do not form letters (dashed), or letters and strokes (alphabetic-dashed).

By volume, texts are divided into large, medium and small. A large text is usually 1 page of a standard sheet, a medium text is from 1/2 page to 10 words or from 2/3 to 1/3, a page of digital signs, a small text is from 4 to 10 words or less than 2/3 of a standard sheet of digital signs. A manuscript containing 1 - 4 words or 1 - 7 numbers refers to an independent object - a short record.

Small texts, short notes and signatures are called small handwriting objects. If, in addition to a small volume, the manuscript is characterized by simplicity and unusual conditions for its implementation, such objects are called uninformative.

Tasks, solved by a handwriting expert, are divided into 3 main groups: identification, diagnostic, classification.

Identification tasks make up the bulk of handwriting studies. Their decision presupposes the establishment of the fact:

• individual identification: the presence or absence of the identity of a particular executor of the manuscript; execution by the same or different persons of several different texts, signatures, individual fragments of text, text and short notes (for example, additions), text and signatures;
• group affiliation of the person who executed the manuscript (according to the degree of elaboration, the degree of perfection of the system of movements, other general signs of handwriting).

When setting identification tasks, questions to the expert can be formulated approximately as follows:

• whether the text of the receipt dated November 27, 1979 was completed in the amount of 550 rubles. WITH.;
• who exactly, P., S. or another person, wrote the text of the letter, beginning and ending with the words “Dear Comrade Director ...”, “... did something happen?”;
• by whom, by I. himself or by another person, did the signature on his behalf, located in the will of 12.02.92, be executed?
• Who, I. himself or another person, made the certification note “Ivanov Oleg Mikhailovich”, located in the will dated 12.02.92?
• If it is required to establish the fact that one or different persons executed different manuscripts or fragments of the same manuscript, the questions are formulated approximately in the following form:
• 2 letters were written by one or different persons, respectively beginning and ending with the words: "Dear Comrade Director ..." and "...something did not work out"; “I bring to your attention ...” and “... everything I have reported is true”;
• one or different persons executed the main text of the receipt dated November 27, 1979 in the amount of 550 rubles. and the final entry “I undertake to return the specified amount by July 1, 1980”;
• did the main text of the expense order and the added words and numbers be executed by one or different persons?
• Did one person make signatures on behalf of the fictitious person Smirnov L.V., located in columns 8 - 10 of the payroll sheet for May 1993?

Questions about the fact that several manuscripts were executed by one person and about their specific executor can be raised simultaneously: “Did one person, Ivanov I.P., make signatures on behalf of the fictitious person Smirnov L.V., located in columns 8 - 10 of the payroll sheet for May 1993?”.

In accordance with the methodology of forensic handwriting examination, the task of establishing the fact that several manuscripts were executed by the same or different persons is decided by an expert, even if such a question is not specifically raised.

The tasks of establishing the group affiliation of the person who executed the manuscript are rarely set before the expert as independent ones. In the identification process, they are solved at the stage preceding individual identification. Sometimes it is possible to exclude the alleged person from the number of executors of the studied manuscript only on the basis of the group characteristics of the handwriting (the degree of development, the degree of perfection of the system of movements).

The solution of diagnostic tasks is aimed at establishing the conditions under which the manuscript under study was performed - ordinary or unusual.

In handwriting studies, it has been established that variation is a protective barrier that guarantees the preservation of the identification properties of handwriting - individuality and stability. It is in it that the adaptive mechanism of the writer is reflected to various circumstances, “knocking down” the process of writing that is familiar to him. However, such possibilities are not unlimited: the nature, degree of unusual performance, or the strength of the “bringing down” factor can destroy this protective barrier. Habitual properties of handwriting change, which is reflected in the form of diagnostic features. Their complex can give grounds for an expert to establish not only the very fact of the unusualness of the letter, but also their group, and in some cases a specific “confusing” factor.

Depending on the severity of diagnostic signs, it is possible to establish:

• the fact of the presence or absence of an unusual letter;
• nature of unusualness: permanent or temporary;
• groups of natural (not related to intentional change) or artificial (related to it) factors of unusual writing;
• groups of natural internal (stress, illness, alcohol intoxication, age-related changes) or external (unusual posture, writing material or writing instrument; writing a manuscript without glasses, exposure to cold stress) unusual factors;
• groups of artificial factors (imitation of a typeface, cursive, poorly developed handwriting, handwriting or signature of another person, changing general or general and particular features; making a signature with intentional distortion (auto-forgery) or replacing a writing hand, the so-called competent change);
• specific trigger factor.

Each of these diagnostic tasks can be set before an expert in relation to any handwriting object along with an identification object or separately, independently.

Diagnostic questions can be formulated as follows:

• whether the text of the letter beginning with the words “Hello... I am writing from a place you know...” was deliberately altered in handwriting;
• whether the signature was made on behalf of Ivanov V.P. in the will dated 10/23/92 with an imitation of the original signature;
• whether the signature was made on behalf of Ivanov O.M. in the contract for the purchase and sale of an apartment dated 05.01.04 by O.M. Ivanov himself. with intentional distortion of his signature (with auto-forgery)?
• whether the signature was made on behalf of Petrov L.V. in an IOU dated 12/15/91, in a state of intoxication?

The expert may also be asked other questions of a diagnostic nature: whether a particular literal text (signature, record) is suitable for conducting an identification study.

Classification tasks are associated with the establishment of the identity of the performer's handwriting to a group of handwritings characteristic of persons of a certain gender, age or type of handwriting in accordance with the accepted scientific classification (highly or poorly developed, with a perfect or imperfect system of movements).

Currently, such classification tasks are being solved as determining the gender and age of the performer of a text of a large and medium volume, performed under normal (unchanged) conditions. As part of the classification task, questions can be raised: are the handwritings of 2 persons similar, are words, numbers added to this text by another person, etc.

Preparation and execution of materials for handwriting examination

When appointing a handwriting examination, the investigator (court) must first of all determine the direct object of the study: a text, a fragment of a text, a digital record, a signature. The individualization of the object under study in the resolution (determination) on the appointment of an examination is ensured by listing the details of the document as a whole (name, number and date of execution). If the examination of a handwritten text is assigned in relation to a document that does not contain details, the initial and final words of the text under study, the number of lines, pages, etc. are indicated. When examining a fragment of a text (addition), its full verbal content and location in the main text are determined. If a signature is subject to examination, the resolution (determination) should indicate the name of the person on whose behalf it appears, and its exact placement in the document (line, column, preceding words, etc.).

It is unacceptable to point the expert at the direct object of research by tracing the signature or writing with a pencil, make explanatory inscriptions and notes near them, or cut them out of documents and stick them on separate sheets of paper, fold the document at the location of the signature or record under study.

The resolution (determination) on the appointment of an examination must contain information about known circumstances related to the subject of the examination (conditions for the execution of the document under study, samples; age, state of the performer of the studied text (signature) at the time of execution, performance while sitting, lying down, etc.); it is necessary to give a list of materials submitted for examination (objects of study, comparative material indicating their details and location).

One of the features of the methodology for examining signatures on behalf of real persons is the obligatory decision on the authenticity of the signature. Therefore, if the object of the study is a signature on behalf of a real person, but the investigation (court) is interested in whether this signature was made by another person, then when formulating the question, both the persons on whose behalf these signatures appear and other persons who could execute it should be indicated.

The fact that the signature under investigation was executed on behalf of a fictitious or unidentified person is necessarily reflected in the resolution (determination) on the appointment of an examination or directly in the wording of the question, which is raised only in relation to the alleged performer.

The originals of the examined documents must be submitted for examination. This requirement is due to the fact that it is impossible to conduct a technical study on photocopies, photocopies and documents made through carbon paper, which, in accordance with the methodology of handwriting examination, is an obligatory stage in the study of signatures to determine whether the signature was made using technical means. The development and availability of copying and duplicating equipment has led to an increase in the number of objects submitted for examination in the form of electrophotographic copies (copies transmitted by fax, by e-mail, received by photocopying, etc.). The undesirability of presenting the studied objects, in particular, signatures in the form of electrophotographic copies, even knowingly from the original document, is due to the fact that in most cases it is impossible to establish the conditions for the execution of the manuscript, since such a copy distorts (it is not possible to identify): the degree of coordination of movements of group I, the pace of execution and pressure characteristics. As for the procedural side of providing the document under study in the form of a copy, it should be borne in mind that, in accordance with Part 2 of Article 71 of the Code of Civil Procedure of the Russian Federation, the originals or duly executed copies.

When evaluating a copy of a document in accordance with paragraph 6 of Art. 67 Code of Civil Procedure of the Russian Federation, the court checks whether the content of the original has changed in a copy of this document, i.e. the identity of the copy of the document and its original, and in accordance with paragraph 7 of Art. 67 Code of Civil Procedure of the Russian Federation, the court cannot consider proven the circumstances, confirmed only by a copy of the document, if the original document is lost (or is not submitted to the court) and it is impossible to establish the true content of the original document using other evidence.

It should also be borne in mind that when examining electrophotographic copies of records and signatures, the expert's conclusions are conjectural in nature, and probable conclusions cannot be the basis for the decision of the case or the court's verdict.

Therefore, the submission of photocopies (photocopies, blueprints) of documents, as well as documents made through carbon paper, is possible only in exceptional cases. The reasons for the impossibility of submitting the original document for examination and the certification by the court of the identity of the copy of the original should be specifically indicated in the resolution (determination) on the appointment of an examination.

When solving identification problems related to the identification of specific performers of the objects under study, and some diagnostic tasks, carefully prepared comparative materials of the appropriate quality and in the appropriate quantity are required. 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, records, signatures. It is impossible to give uniform recommendations on the number of submitted samples, however, as a rule, there should be at least 5-6 free handwriting samples, at least 10 free signature samples, at least 9 experimental handwriting samples, and 9 experimental signature samples.

In order to obtain samples of handwriting and signatures, the investigator issues a decision, and in the framework of civil and arbitration proceedings - a court decision on receiving samples, with which the participants in the process must be familiarized.

To solve handwriting problems, 3 types are presented samples handwriting and signature: free, experimental and shareware.

Free samples of handwriting, signatures are texts, records, signatures made by a certain person before the occurrence of this case and out of connection with it, i.e. when the performer did not assume that they could be used as comparative material in the production of an examination. Free samples can be texts, signatures related to official correspondence, autobiographies, self-filled questionnaires, applications, personal letters, signatures in founding, privatization documents, certificates, applications to the passport office, in payrolls, cash orders, in pension cases, in pension statements and other documents. Free samples of handwriting, signatures are the most valuable comparative material, since they are usually performed without intentionally changing the signs of handwriting, signatures.

One of the main requirements for free samples is the certainty of their origin, i.e. indisputable belonging of manuscripts, signatures to a person, samples of handwriting, whose signature they should serve. For the purpose of identification, free samples of handwriting and signatures must be presented to the person on whose behalf they appear with the execution of an appropriate protocol. Each sample must be certified by the person who made it. If the authenticity of the samples is denied by the person on behalf of whom they appear, or their reliability is in doubt and it is impossible to eliminate it, they should not be submitted for examination.

Failure to comply with this provision leads to the fact that at the stage of the trial a petition is filed about the unreliability of the samples used by the expert and the validity and correctness of the expert conclusions are called into question. In addition, sampling errors can lead to expert errors.

Free samples submitted for examination must be comparable with the document under study. They must be made in the same language, using the same alphabet as the studied text, signature. If it is necessary to appoint an examination of documents executed in foreign languages ​​or in the languages ​​of the peoples of the CIS, the investigator (court) must determine in what language and using what alphabet the manuscript was written, and establish in which expert institution there are relevant specialists and an examination can be carried out. Obtaining experimental samples - manuscripts made in the same language in which the document under study is written, may be complicated if the person whose handwriting samples are necessary for the examination declares that he does not know the language or alphabet in which he is asked to write. In such cases, only free samples of handwriting can be sent for examination. If it is necessary to obtain experimental handwriting samples, it is possible to offer to rewrite the text written in the same language and using the same alphabet as the manuscript of the document under study or the signature in the document. If the alleged executor refuses to do so, the issue of the possibility of conducting an examination is decided separately.

Samples must correspond to those under investigation in terms of execution time. Despite the relative stability of the writing-motor skill, facial handwriting can change significantly over time. In the study of manuscripts, signatures made in a well-formed handwriting, the gap in the time of execution of the studied text and samples can be relatively long (up to 10 - 15 years), provided that the person in question did not suffer illnesses during the specified period, as a result of which a change in the signs of handwriting could occur (diseases of the eyes, hands, mental, nervous, etc.), and at the time of execution of the studied document, unusual external factors did not act.

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 different features of handwriting established during the study.

The time gap in the execution of the studied documents, executed by the elderly (over 60 years old) or by persons with an unformed handwriting (up to 23-25 ​​years old), as well as those with a low and medium degree of elaboration of handwriting, should be minimal.

The issue of the possibility of conducting an examination and giving an opinion without samples corresponding to the time of writing the document under study is decided by the expert in each individual case.

Comparative samples must comply by purpose and content. These circumstances often determine the type of handwriting used by the writer. When compiling official documents, a person can write slowly in a handwriting of a complicated structure, and when recording lectures, compiling notes, working notes, a variant adapted for fast writing. These variants of the handwriting of one person are characterized by different sets of features. When examining large manuscripts (for example, essays, letters, statements), it is advisable to present similar comparative materials, which will allow a comparative study of the features of written speech and features reflecting the spatial orientation of movements that are of great identification significance, often remaining stable even with intentional distortion of handwriting. When examining accounting documents, it is desirable to present samples in similar (for their intended purpose) documents.

It is very important that the samples are done 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 features can be so significant that the differing features established during the examination will 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 match, a pointed stick, or a poster pen. In some cases, changes in the signs of handwriting are observed even when changing the usual fountain pen to a pencil or ballpoint pen, or when replacing the nib in the pen.

When the document in question was executed in unusual conditions(for example, standing or sitting with the manuscript on your knees, etc.), then it is desirable to have documents executed in similar conditions as free handwriting samples, signatures.

If it is known that the document under study was executed by a person in an unusual state(for example, during illness of the eyes or hands), then it is desirable to submit manuscripts made in the same condition as free samples. Usually they correspond to the studied manuscript in time.

With a sharp slowdown or acceleration of the tempo of writing, a person may switch to a new version of handwriting (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).

The change in the pace of writing is not accompanied by pronounced signs of unusual performance, so the investigator (court) may not notice them when examining documents. For a more thorough processing of materials when appointing a handwriting examination, the investigator (court) is recommended in accordance with Art. 186 of the Code of Criminal Procedure of the RSFSR, resort to the help of specialists, consult with employees of an expert institution.

The samples must correspond to those under investigation in terms of the method of execution. If the document under study is executed in imitation of some font (for example, drawing or printing) 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. Conducting an examination without appropriate samples of handwriting is possible in extremely rare cases, if the manuscript under study, for example, executed with imitation of printed type at a fast pace, showed a large number of signs of cursive handwriting.

The need for free samples of handwriting, executed by the same hand, arises, as a rule, when manuscripts executed by the left hand are received for research. If a person habitually writes with his left hand (due to the absence or illness of his right hand or a left-hander), then the selection of free handwriting samples is carried out according to general rules.

If writing with the left hand 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, sharply disturbed coordination of movements, deformed appearance of letters and signs usually attract attention: signs of "mirror"; instability of common signs of handwriting, size, dispersal, arrangement and placement of written characters, difference in the structure of letters of the same name, etc.

The investigator (court) can ascertain the presence of an unusual letter, presumably determine its causes, in particular, the execution of the text with the left hand, and, accordingly, select comparative material.

Experimental samples of handwriting, signatures - these are texts, records, signatures that are made specifically for the examination in conditions that are as close as possible to those in which (it is supposed) the text under study, the signature, was performed.

The advantages of experimental samples of handwriting are the possibility of obtaining them in any form and quantity necessary for the examination, as well as the reliability of their belonging to a particular person. In the presence of experimental samples of handwriting, the expert has manuscripts that are comparable not only in content and conditions of execution, but also, as far as possible, in the state of the writer, and can conduct research taking into account the varieties of deliberate distortion of both the handwriting as a whole and its individual features. During the selection of experimental samples, the writing process can be observed in order to obtain additional information necessary for the expert to evaluate the results of a comparative study and formulate conclusions. The disadvantage of experimental samples is the possibility of deliberate distortion by the performer of his handwriting, signature.

Investigators and judges must strictly observe the rules for the selection of experimental samples and, themselves or with the help of a specialist, determine the conditions for their selection 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. When selecting experimental samples of handwriting, signature in order to most fully manifest in the manuscript the totality of features characterizing the handwriting of the intended performer (posture, writing hand, tempo, font, writing material), the same writing conditions are observed in which the document under study was made. The person from whom experimental handwriting samples are taken must perform them while in a normal position, and can use glasses and a familiar writing medium. The number of experimental samples of handwriting and signatures must be at least 9 sheets, of which 3 sheets are filled in at the usual pace, 3 sheets - at a very fast pace, 3 sheets - slowly, diligently. The number of signatures on one sheet should be no more than 10 - 15, if possible in different versions.

Experimental samples can be obtained under the dictation of the investigator (judge). The text is prepared in advance and dictated at a pace determined by the investigator (judge); at the same time, the words are read as they are pronounced, punctuation marks are not distinguished by the voice. If, according to the circumstances of the case, it is permissible, then the content of the document under study is dictated 3-4 times. If, during the selection of experimental samples, it is found that the writer seeks to change his handwriting and slows down or speeds up the pace of writing, this must be prevented by speeding up or slowing down the pace of dictation. The selection of experimental samples from the suspect is carried out in several stages with a break in time of 3-5 days, which ensures the full manifestation of the variations in handwriting signs that this person has. If the investigator (judge) deems it unnecessary to familiarize the person with the content of the document under investigation, he is dictated to a specially composed text containing excerpts and individual words from the text under investigation. In no case should it be allowed to be written off from the document under study or copied from the signature under study. If the text under study is made in imitation of a printed or other font or with the left hand, the writer should be asked to complete the samples in all fonts known to him and not only with his right, but also with his left hand.

In cases where the investigator (judge) or expert has reason to believe that the text (signature) under study was written in a deliberately altered handwriting or under unusual conditions, appropriate conditions can be created when selecting samples: a certain tempo of writing is set, texts similar in content, similar writing instruments and materials, no matter how unusual they may be, the inclination of the letters (right, left, straight) and their structure (cursive or printed) are determined. It may be proposed to perform the text without removing gloves, without glasses or with dark glasses, with a changed posture, position of a sheet of paper, substrate, lighting, etc.

If there is data on the execution of the studied text, signatures in a state of intoxication, samples, along with those performed under normal conditions, should be selected (in the form of the studied text and signature) on 5-6 sheets in at a very fast pace, in the most uncomfortable position(standing, without the support of the writing hand, perhaps on a vertical surface, etc.).

If experimental samples of the handwriting of the persons being checked are selected for examination under sharply unusual conditions, samples of handwriting in their usual environment are also selected for control.

Conditionally free samples of handwriting, signatures - these are texts, records, signatures in documents that are made after the occurrence of the case, but not specifically for the examination. These include documents on the case (statements of claim, explanations, petitions, comments, complaints, protocols of interrogations) and other manuscripts made during the conduct of the case. In rare cases, when the examination should be carried out only on conditionally free samples (if no free samples are found, and it is impossible to select experimental ones), the expert is informed of the reasons for the impossibility of submitting other samples, which is stipulated in the resolution (determination).

Features of the preparation of comparative material when appointing an examination of signatures. Signatures in documents are the most common object of handwriting expertise. A person can develop various options for signatures when executing various kinds of documents. The use of one or another signature option also depends on other factors, for example, on the condition of the person, the number of signatures performed in a row on a large number of documents, on the conditions in which he signs, and even on the size of the column and its place on the document form. Therefore, free signature samples should be presented in the largest possible number in different versions and on different documents.

If a signature is subject to examination on behalf of an existing person and there is a proposed executor, samples of signatures and handwriting of both persons shall be submitted. At the same time, in addition to free samples of his signature and handwriting, samples of his handwriting are also taken from the suspect in the form of a reproduction of the last name of the person on whose behalf the signature under investigation appears.

If a short signature (consisting of 1-3 letters) and simple in its structure is to be examined, then at least 10 signature samples, as comparable in composition, structural and geometric characteristics as possible, should be submitted for examination (such a number is necessary for applying a quantitative technique using the Oko program).

Signature samples should be done on separate sheets of paper in several steps to avoid imitation, copying of signatures, deliberate distortion. Each sheet of samples must be certified by the performer.

Features of the preparation of handwriting samples in the study of manuscripts made with special fonts and with imitation of printed font. When appointing an examination of such manuscripts, samples are sent for research, made both in cursive and in the font used in the documents under study. Free samples of “printed” handwriting can be presented in the form of various inscriptions made on library cards, drawings, projects, etc. When selecting experimental samples, the person should be asked to write the text in the same font, having previously found out if the suspect can write in special fonts. Experimental samples must be necessarily 2 types: "printed" and cursive. Experimental samples of "printed" handwriting are made under dictation and independently at different rates in the amount of at least 5 - 10 sheets, cursive samples - on 6 - 9 sheets and should contain exactly those words and letter combinations in which cursive elements appeared in the document under study.

Features of preparing materials for the examination of digital writing. Samples of a digital letter should contain the numbers found in the documents under study, performed separately and in combination with each other. Various types of documents (statements, invoices, invoices, checks, etc.) on at least 8-10 sheets can be submitted as free samples of a digital letter. It is desirable that these samples contain records similar to those under study and, if possible, be written with the same writing instrument.

Experimental samples of digital writing are dictated in certain combinations, if necessary with the words “satellites”: r., k., kg, m2, etc. Numerical and numerical designations are dictated based on the content of the records under study - numbers, fractional indicators. As experimental samples, 6-9 sheets of digital writing should be selected, made in the usual, fast and slow pace; numbers must be repeated several times separately and in various combinations.

Features of the preparation of materials in the study of manuscripts made in distorted handwriting. If, when examining the document under examination, there are signs of distortion (with imitation of printed type, with the left hand in the absence of the skill of writing with this hand, with a change in the slope of the handwriting), the investigator (court) can independently select experimental samples, offering the suspected person to write with a change in the same signs. However, sometimes establishing the type of handwriting change requires the participation of a specialist in the field of forensic handwriting, who, taking into account the nature of handwriting change in the document under study, determines the conditions for performing experimental handwriting samples from specific individuals and selects them together with the investigator or judge.

For the study, comparative material of considerable volume and different in nature is required, containing free, conditionally free and experimental samples (at least 40 sheets). Experimental samples of handwriting can be texts, if possible, of a similar vocabulary with the document under study, made at different tempos, with different slopes, different sizes, etc. The submission of such samples is especially significant in cases where the proposed performer refuses to execute the samples in the proposed altered handwriting.

Features of the preparation of comparative materials for the examination of manuscripts made with a gap in time. If the document under study was completed a long time ago, then when selecting samples, it must be taken into account that the greatest changes in handwriting over time may appear in people with unformed handwriting (primary school students), in people with little developed handwriting, but who had significant written practice during the time elapsed from the moment the document was written to the appointment of an examination, in elderly people (over 64 years old) or who had diseases.

Depending on the factors that could have influenced the change in handwriting over time, free samples are selected in the form of manuscripts written around the same time that the document under study was completed. At the same time, it is desirable to have a large amount of comparative material, which is associated with the need to determine the possible limits of stability of handwriting features.

Some specifics have sampling depending on the category of the case under consideration.

Yes, on business to declare a will null and void the object of research, in addition to the signature, as a rule, is the record of the last name, first name, patronymic that deciphers it. Therefore, along with the sample signatures of all the alleged performers (comparable in terms of time of execution), samples of their handwriting must also be submitted, including in the form of a reproduction of the last name, first name and patronymic of the person on behalf of whom the signatures (records) were made. The latter are selected experimentally. In addition, along with a copy of the will, which is usually sent for examination, it is also desirable to submit a copy of the will, which is kept in the files of the notary's office, and a register book of registration of notarial actions, which must also contain the signatures of the testator, as well as data on the state of health of the testator for the period of drawing up the will. The submission of these documents increases the amount of graphic information to be studied, will allow to establish the cause of the deformation of the signs (if any), which can contribute to a more successful solution of the task assigned to the expert.

The most characteristic shortcomings that occur when appointing handwriting examinations:

• the absence of the examined document or all materials in the materials submitted for examination (in arbitration cases, one definition is submitted);
• fuzzy designation of the objects under investigation (especially if there are several similar documents in the case file);
• submission for examination of electrophotographic copies in which signatures are the object of examination;
• inaccuracies in the designation of the details of documents, surnames, first names, patronymics of the alleged executors;
• lack of information about comparative materials (determinations in civil cases, as a rule, do not list samples);
• absence or insufficient number of free samples of handwriting and signatures of the alleged performers;
• incompatibility of samples with the objects under study in terms of the above parameters (execution time, composition of signatures, method of execution of texts, etc.)

When evaluating the expert's conclusion (the study he conducted and the formulated conclusions), it must be taken into account that the possibility and success of solving the questions posed to the experts by the investigative and judicial authorities are determined mainly by 5 factors: the type, nature and characteristics of the object of handwriting research; the presence of sufficient quantity and quality of comparative material; the level of methodology development; appropriate technical equipment of expert institutions; availability of trained personnel.

When establishing the reliability of the expert's opinion, it is necessary to pay attention to the applied research methods. A significant part of modern methods of handwriting expertise is characterized by complexity, i.e. combining in one process traditional, quantitative, instrumental methods and computers. This achieves the objectivity of the examination, overcomes undesirable subjectivism. Most of the techniques are presented in "manual" and machine versions, they are published and are being introduced into expert practice.

At the same time, it is necessary to have an idea about the real possibilities of handwriting expertise. So, when solving diagnostic problems at the modern level, it is usually possible to establish the facts of the execution (in an informative manuscript) of a signature under unusual conditions that are not associated with deliberate distortion of handwriting (writing in an uncomfortable position, in an unusual psychophysiological state, etc.), in a state of illness, by a person of elderly and senile age; distorted handwriting; some kind of intentional misrepresentation; with imitation of handwriting, signature of another person. However, when the information content of the object is low, it is not always possible to differentiate a specific "confusing" factor, therefore, in the expert's opinion, it is indicated among the possible alternatives, for example: an uncomfortable posture, an unusual condition of the performer - a disease of the central nervous system, alcohol intoxication, etc. In some cases, the examiner manages to state only the fact that the manuscript was executed in unusual conditions without specifying them.

Currently developed and applied in expert practice:

• model methods for assessing the coincidence of handwriting features: a) taking into account the group affiliation by structure in the texts of alphabetic and "mixed" (alphabetic and digital) when studying texts with a volume of at least 560 characters (1 standard sheet), made under normal conditions with highly developed handwriting; b) in the study of texts of the same volume, made with imitation of printed type by persons who studied in copybook before 1961;
• a method for assessing differences in features in the study of similar handwriting;
• method of differentiation of highly developed handwritings according to the degree of perfection of movements;
• methods for determining gender and age according to highly and medium handwriting (with the volume of the studied text 1 standard sheet);
• a methodology for studying texts made with a deliberate change in handwriting in a cursive way (volume is about 1 standard sheet);
• methods for the study of short recordings, which allow solving the identification problem of identifying performers and allowing to differentiate the conditions for their implementation: ordinary, recording with imitation;
• methods for studying signatures made in unusual conditions: auto-forgery, imitation, alcohol intoxication, environmental factors (unusual posture, uncomfortable substrate, darkened room, moving vehicles), physical fatigue, stress and similarity of signed handwriting.

When applying the last two methods for short records and signatures, a large number of samples are required, of which at least 10 samples are as comparable as possible with the object under study.

Along with model methods, methods have been developed and used in expert practice in the study at a qualitative traditional level of research methods for texts made in an unusual left-handed handwriting, texts and signatures made by persons of the elderly (over 64 years old) and senile (over 70 years old) ages, texts made by: highly developed handwriting with a change in slope (from right to left), with a gap in time.

Problems related to the study of uninformative handwriting objects (signatures, short notes) made in deliberately altered handwriting, similar handwriting, and especially in cases where it is required to identify the performer of a non-genuine signature, are not always effectively solved.

The foregoing indicates that the content of the handwriting as an object of examination is still far from being disclosed. As a phenomenon of a psychophysiological nature, handwriting is so multicomponent, complex and systemic that it is not possible to exhaust knowledge about it at the current level of scientific development. There remains a large stock of handwriting information not identified and not used for forensic purposes. This applies to all 3 mentioned groups of handwriting problems: identification, diagnostic and classification.

So far, there are no “identification” methods for establishing the performer and conditions of performance in the study of handwriting objects made in a state of drug intoxication, “classification” methods for establishing such socio-demographic characteristics of the manuscript performer as the level of education, profession, as well as the psychological parameters of his personality.

The above indicates that the content of the handwriting as an object of examination is still far from being disclosed. As a phenomenon of a psychophysiological nature, handwriting is so multicomponent, complex and systemic that it is not possible to exhaust knowledge about it at the current level of scientific development. There remains a large stock of handwriting information not identified and not used for forensic purposes. This applies to all 3 mentioned groups of handwriting tasks: identification, diagnostic and classification.

Forensic expert, candidate of legal sciences. She graduated from the Saratov Higher School of the Ministry of Internal Affairs of the Russian Federation. Diploma TsV No. 575348 dated 04.09.1995 Over 20 years of expert work experience. Experience and seniority obtained in the position of an expert in the internal affairs bodies of the Ministry of Internal Affairs of Russia and the position of head of the inquiry department of the Central Customs Administration. An important component of professionalism is more than 10 years of teaching experience at the Department of Criminal Law and Procedure. Specializes in conducting forensic examinations and research, as well as establishing signs of counterfeit products.

Expert, lawyer. In 2000 he graduated from the Academy of the Ministry of Internal Affairs of the Republic of Belarus (diploma No. 0177383 of 07/06/2000). Work experience in the specialty in the field of production of forensic examinations and research - 15 years. He completed his work in the Department of Internal Affairs as the chief expert of the forensic expertise department of the Forensic Expertise Center. He has extensive experience in conducting examinations, specializes in the production of handwriting studies. Has access to the right to conduct all types of forensic examinations: -fingerprint examination; - trace examination; - ballistic expertise; - examination of edged weapons; - technical examination of documents; - portrait expertise; - handwriting expertise.

Forensic expert, lawyer - Higher Investigative School of the Ministry of Internal Affairs of the USSR, faculty for training forensic experts. Diploma No. BI 512088 dated July 21, 1978. Experience of expert work over 30 years; Extensive experience as a forensic expert from expert to head of department. He completed his service in the ECC of the Ministry of Internal Affairs of the Russian Federation in 2000 as the chief expert of the department for technical and forensic support for the disclosure and investigation of crimes, with the rank of police lieutenant colonel. He is an authoritative specialist, has extensive experience in appearing in courts. Great practical experience allows him to cope with the most complex and multi-object examinations.

Our certificates

Since handwriting expertise is widely used both in litigation and extrajudicial practice, in Moscow you can find many organizations offering their services. But do not be tempted by the proposed cheapness of the services of some organizations. Low or high price cannot be an indicator of the quality of handwriting expertise. When choosing an organization to conduct a handwriting study, one should be guided by documents proving the professionalism of a specialist and a personal conversation.

Types of handwriting expertise and methodology

The list of types of handwriting examination is reduced only to the grounds for distinctions according to the object or task of the study. Depending on what is specifically presented to the expert for research, he uses one or another traditional technique. This is essential for the forthcoming analysis. So, depending on the handwriting material, the following types are distinguished:

Signature examination

Handwriting examination of a signature is most often found in the work of an expert, and this “popularity” is primarily associated with the significance of a certifying signature in any document flow. A signature is essentially an abbreviated form of the signer's name. It can be simple, medium or complex. It remains obvious that a complex and developed signature is extremely difficult to reproduce for a counterfeiter, which is a kind of protection against fraudsters. At the same time, some people deliberately use a simple version of signature handwriting. Signature analysis is one of the most complex types of research, since it contains little information that reflects the writing and motor skills of the performer. Handwriting task is clearly regulated by the provisions of science and is based on such areas of knowledge as: medicine, psychology, psychophysiology.

Examination of the record

Handwriting examination of a record is also a relevant and frequently encountered type of analysis. Entries can consist only of letters, only of numbers, or have a mixed composition. The number of handwritten documents has been declining over the years, and voluminous texts have been replaced by brief notes, usually of a resolution or signature nature. The record contains information about such handwriting characteristics as: the level of formation of the writing skill, the structure of movements along their trajectory, and so on. An important feature of the study of handwritten texts is that the handwriting is based on the rules of writing based on the Cyrillic alphabet. This knowledge allows the expert to identify specific deviations in handwriting and successfully solve identification problems.

Handwriting is called the mirror of the soul. It is the graphological examination that aims to obtain information about the psychophysiological characteristics of a person by handwriting. Many perceive handwriting and graphology as identical concepts, but this is not so, they are two completely different scientific areas. In Russia, only in recent years has the interest in graphology begun to grow. At the same time, many countries have long been using this direction when considering litigation. The potential of graphology can rightly be considered underestimated. Visual characteristics that can be obtained using such an analysis are: temperament, the presence of psychological trauma, attitude to work, hobbies, creativity, psychological stability.

When conducting a forensic handwriting examination, the specialist acts as a full participant in the trial. It is subject to the rights and obligations enshrined in regulatory legal acts.

Examination of the prescription of the signature

Examination of prescription of a signature according to its purpose refers to the type of technical examination of documents. This study or examination of the prescription of the document is based on the physical and chemical analysis of the strokes of the writing instrument, which made the signature. As you know, the paste or ink of the pen has its own recipe and consists of several components. Some of them tend to volatilize over time. Important factors that affect the dissolution process are document storage conditions, temperature, humidity. The possibilities of this type of research are not unlimited, but extremely effective. To date, there are several methods for determining absolute prescription. Perhaps each of them has its pros and cons. The most common and tested is the method of the Center for Forensic Handwriting Expertise under the Ministry of Justice. The high cost of this study is due to the cost of sophisticated equipment and the duration of the research process. Terms are from 30 to 45 days.

The specificity of tasks of this kind lies in the objective impossibility of selecting experimental samples of the signature of the verified person. This can significantly affect the reliability and categoricalness of the conclusion. If we are talking about the signature of the deceased, who at the time of its production was in senile or old age, then the methods for conducting handwriting examinations impose special requirements for samples. Their range should not exceed 5 years from the date of creation of the disputed document. In addition, the expert must have information about the presence of any diseases of the deceased. The effectiveness of solving problems of identifying the signature of a deceased person is seventy-five percent dependent on proper preparation for such a study.

It should be recognized that the signature or handwritten note located in the copy is a limitedly suitable object for research. In the study of such objects, the expert is somewhat limited in the arsenal of tools and methods used. He cannot study pressure and speed characteristics with a microscope. The most significant drawback in such handwriting studies is the impossibility of establishing signs of a technical forgery. However, it should be noted that there are a number of methodological recommendations that regulate the sequence of actions of an expert for the successful solution of such problems. The old generation of experts recognize the impossibility of examining a signature from a copy, but current scientific trends indicate the opposite. In practice, it is not uncommon for a court, in the absence of an original document, to order a handwriting examination based on a copy.

Carrying out handwriting examination

The basis for the appointment of an examination is a request for an examination, as a result of which a decision may be made to conduct or reject a handwriting examination. But the initiators of its extrajudicial practice can be any individuals or legal entities:

• interested in conducting this examination during the trial;
• preparing for litigation;
• wishing to establish the truth on the basis of their own curiosity.

When appointing a handwriting study by the court or investigating authorities, the expert is necessarily warned about the inevitability of criminal liability for drawing up knowingly false or unreliable conclusions. The activity of a handwriting expert when initiating a study by an individual is regulated by Federal Law No. 73.

Questions for Handwriting Expertise

The effectiveness of the handwriting examination made depends on the correct wording of the questions. A wide range of tasks to be solved allows you to get detailed answers to your questions.

Here is an approximate list of questions that can be asked when appointing a handwriting examination.

Identification questions:

Was the text under study written by a specific person?

Could one and the same performer perform the studied texts?

Was the signature under investigation made by a specific person or by someone else?

Diagnostic questions:

Were there unusual conditions or states during the execution of the studied text? If so, which ones?

What is the nature of the unusualness of the text under study (permanent/temporary)?

Is the handwriting under study made in the usual way or by means of a change?

Is it possible to find out the gender of the person who performed the text under study? If yes, is it a man or a woman?

Is it possible to find out the age of the performer of the text? If so, what is his approximate age?

Is it possible to find out the temperament of the performer of this text? If so, what type can it be attributed to (melancholic, choleric, sanguine, phlegmatic)?

Appointment of handwriting expertise

The appointment of a forensic handwriting examination is a procedural action that includes several tasks. For this you need:

• Determine the objective grounds and special conditions for its appointment, the purpose of which may be to identify the executor of handwritten texts or handwriting, setting identification or diagnostic tasks.

The need for handwriting research may arise in all respects of individuals or legal entities, where texts (both handwritten and printed) or signatures appear in some way. These can be wills, powers of attorney, contracts, arbitration disputes, anonymous letters, receipts and others.

• Choose a specific object of study - handwriting, in all forms of manifestation and implementation;
• Choose an expert organization or a specific specialist;
• Determine the place, time or special conditions for the study.

Judicial handwriting examination is appointed by the court on the basis of a petition by one of the parties.

Is it possible to independently apply to an independent examination and use the conclusion in court?

Each individual or legal entity has the right to independently apply to an independent handwriting examination to receive answers to questions of interest in the form of written opinions or oral / written consultations. To do this, it is enough to conclude a contract for the service and submit the necessary documents.

According to Art. 74 of the Code of Criminal Procedure of the Russian Federation, along with other admissible evidence, are conclusion of handwriting expertise and expert/specialist testimony. It follows that any research initiated independently by a natural or legal person may be allowed to be used in court. It is worth noting that an extrajudicial study differs from a study ordered by the court only in the procedural status of a specialist and the presence of a wording on the corresponding warning.

To apply to an independent handwriting expert, you need to carefully choose a specific organization or an expert/specialist in handwriting, since the results of the study depend on the professionalism of the specialist. The presence of a diploma is not an exhaustive guarantee of quality work, since experience and knowledge do not depend on a diploma, but on actual research. Make sure that the specialist's diploma is not gathering dust on the shelf, and the expert was retrained for advanced training.

In search of the best price-quality option, you should not be tempted by the cheapness of the services provided, since you can stumble upon unqualified help. It is better to verify the availability of education and experience by talking directly with an expert, and not a secretary.

Ask your question to an expert

View of forensic research handwritten text. It can be used to resolve controversial issues related to litigation of economic, managerial activities, as well as issues of ownership of handwritten documents by their author.

Handwriting expertise, what is it for?

The main goal is to establish the authenticity of the written document to the intended person, as well as his psychological state in which the document was written, the circumstances of the execution of the handwritten text. Specialists conducting forensic examination often make up a portrait of the person who wrote the text under study, which is important in determining the authenticity of the author's manuscript.

Expertise is needed when:

1. Economic crimes and fraud related to the forgery of documents or parts thereof, including signatures, have been committed. In controversial cases of buying and selling real estate or drawing up and signing contracts, as well as accounting reports.

2. There are doubts of relatives about the authenticity of the will or execution of documents that provide the right to own property to other persons.

3. Threats, intimidation or psychoactive drugs are used to obtain illegal rights to use funds, real estate or the right to sign. Once the fraudsters have obtained what they want, it is very difficult to prove that the signature or handwritten document was obtained illegally. In this case, the only way to prove the actions of intruders is handwriting research.

4. There are legal issues regarding authenticity and signature rights.

5. Conduct criminal trials. Forensic handwriting examination can easily establish the age of the written document, the authenticity of its writing and the state in which the text was written. What could be the perfect alibi for the time of the crime.

Handwriting analysis can be ordered both by federal services and by a private individual. In the event of litigation, the losing party is obliged to compensate for the cost of the study.

Handwriting expertise in Moscow.

Conducting research is a responsible step towards proving through facts. Determining the identity of a document or signature can play an important role in the fate of a person.

An investigator or a court, when ordering a handwriting check, may apply to state expert institutions or non-state ones. State specialized institutions have been created to carry out forensic examinations and ensure the powers of courts, investigators and prosecutors. The main advantage of applying to public institutions is the simplicity and automaticity of the implementation, as well as lower cost. The disadvantages include the timing of the study. State expert institutions often have a very large amount of work, therefore, the result of the work can be only in 7-10 days.

Considering the workload of state institutions, an investigator or a judge may apply to non-state expert organizations accredited by the Main Directorate of the RFTSSE, having previously concluded a cooperation agreement.
The advantages of non-state expert bureaus are research in the shortest possible time, from 1 to 5 days. The cost of handwriting examination in non-governmental organizations will be from 5,000 to 20,000 rubles.

When applying to non-governmental expert organizations, you should pay attention to the availability of documents that guarantee the high qualification of the institution. The main element of the analysis is a handwriting expert, who must have a higher forensic education, with the qualification "Forensic Expert". The expert's specialization should correspond to the position held, i.e. "Study of handwriting and signatures", "Study of writing". Also, non-state experts must have a special departmental certificate giving the right to conduct expert work. Attestation of the organization should be at least every 5 years to confirm the level of an expert.

• The stamp on my grandfather's birth certificate and marriage registration has faded from time to time. Documents are needed in the OVIR to obtain a TRP. I would like to know if it is possible to read these seals, how long it will take, if I can send you the documents by mail or a scanned copy will suffice.

  In your case, a technical and forensic examination is required to restore the lost content of the document. The appearance of the seal and its content will be restored (in the form of pictures and description). How complete the restoration will be can only be said after examining the document. The study requires the original document.

• How long are fingerprints stored on an enamel box, on polyethylene and on mesh?

  The storage time of prints depends on external factors: temperature, sunlight, humidity. Depending on them, the storage time of prints can vary from a few days to one year.

• In the case when the prints of seals and stamps in the vehicle registration certificate, the declarations may be inaccurate (there is such a possibility), what should be sent for technical and forensic forensic examination and what questions should be formulated for the expert?

  To conduct, you need to provide the original documents that are subject to research. To resolve the issue of the identity of the seal impressions (a seal impression is applied by one or another printing form), it is necessary to provide samples of the seal impressions. To resolve the issue of compliance of the forms of documents with the forms of the established form, it is necessary to present samples of the forms. Questions may vary. In order to determine the right questions and formulate them correctly, we recommend contacting the Center for a free consultation.

• What is the duration of a technical forensic examination?

  Technical and forensic examinations are carried out in order to establish the method of manufacturing or forging a document. The subject of these examinations are the actual circumstances associated with the execution of documents, the identification of the materials of the documents and the means of their production. To date, two main types of technical and forensic examinations can be distinguished: the study of document materials and the study of document details. Depending on the type, as well as on other factors, the lead time varies, but as a rule it is 5-10 business days.

• What examination should be carried out to prove that the signature was put before the printed text? We are talking about a signature on a blank sheet, on which the text was later printed. Thank you.

  In your case, to establish the sequence of applying the details of the document, it is necessary to conduct a technical and forensic examination of documents. It is within the competence of the experts to establish whether the indicated details were applied at the same or at different times.

I have been sued for debt collection. I did not sign the document on which the claim is based. A handwriting examination determined that the signature was mine. I see it myself. I think that the form with my signature and the necessary seal fell into the hands of the plaintiff (there really is such a possibility). I applied for an examination of the document in order to check what had been done earlier, the signature or the text of the contract - the court refused, considering that I did not sufficiently substantiate the petition. What needs to be done so that the examination is still appointed?

In your situation, of course, you need a technical examination of the document on the issue of the sequence of strokes. If it is possible to obtain the original contract, a preliminary, out-of-court study will be carried out, which will serve as a sufficiently weighty basis for the appointment of a forensic examination. This will increase the chances of your application being granted.

If a preliminary study is not possible (if there is no object of study), you need to try to argue the petition by attaching documents to it about the possibility of conducting an examination by specific experts. To obtain documents confirming the consent of our experts to conduct a technical examination of the document, as well as confirming their qualifications, you need to drive to our laboratory.

• At the last meeting, the defendant provided an agreement and an act of work performed with the counterparty, dated at the end of 2010. We have every reason to believe that this agreement was prepared immediately before the meeting. Is it possible to set the date of its compilation?

  In your situation, it is necessary to conduct a technical examination of the document regarding the limitation period for the execution of the document (its details). During such an examination, it is impossible to establish the exact date of completion of the details (signature and seal), however, it is possible to identify an approximate difference between the actual and specified dates. The effectiveness of the examination depends on the object: not all types of dyes used in the application of details allow us to draw conclusions about the prescription of their application.

  It should also be borne in mind that in some cases, partial destruction of the document during the study is possible.

• Is it possible to establish the fact of an unusual execution of the manuscript with the help of handwriting expertise?

  It is possible to establish the fact of an unusual execution of the manuscript with the help of a handwriting examination. However, it is impossible to identify a single set of signs indicating the fact of an unusual execution of the manuscript during the handwriting examination, since different people have different changes in handwriting. In order to conduct a handwriting examination of an unusual execution of a manuscript, the study must be carried out individually for all persons, comparing the disputed manuscript with samples of the artist. Handwriting samples should be made in conditions that are closest to the conditions for the study of the manuscript, in sufficient quantity and quality for the study.

• In what cases can a commission handwriting examination be appointed?

  Commission handwriting examinations are appointed in particularly difficult cases, as well as in the production of repeated handwriting examinations.

  A feature of the commission handwriting examination is the study by several handwriting experts. Each expert conducts research independently, but at the same time analyzes and evaluates the results of other experts. The expert signs the part of the conclusion, which is made by him personally, and bears responsibility for it.

• In what cases can a comprehensive examination be appointed?

  A comprehensive examination is appointed in cases where it is necessary to conduct a study by experts from different specialties. In the conclusion of a comprehensive examination, each expert indicates what research he conducted, to what extent and what conclusions he came to. The expert signs exactly his part of the opinion and bears criminal liability for it. At the same time, experts take into account not only their own results, but also the results of other experts. The general conclusion is formulated by experts based on the results obtained in the course of the research.

  Comprehensive handwriting and technical forensic examination of documents is carried out to establish the fact that signatures or short notes were made with preliminary technical preparation.

• Is it possible to determine the executor of a manuscript written in printed type during a handwriting examination?

  Handwriting expertise also solves such types of problems. Handwriting examination of this kind has its own characteristics due to the fact that the disputed manuscript is made in printed type. Samples for a comparative study are of particular importance for such a handwriting examination.

  As samples for a comparative study, various inscriptions can be presented, which are made in printed type.

  The selection of experimental samples is carried out by the investigator independently or with the help of a specialist. Upon receipt of samples, the investigator must conduct dictation of the text with a change in tempo so that the person cannot intentionally distort the handwriting. As a rule, experimental samples should be made in printed and cursive form. Samples made in printed handwriting must be in an amount of at least 10 sheets. Cursive samples - 5-6 sheets.

• Is it possible to determine the executor of a digital letter with the help of handwriting expertise?

  Handwriting expertise allows you to determine the artist of a digital letter. Handwriting examination of digital writing has its own characteristics, such as:

  • a small number of written characters;
  • simple design of numbers;
  • separate writing.

  In this regard, an expert in the production of handwriting research often encounters low identification significance.

  For the production of a handwriting examination of a digital letter, a sufficient number of samples for comparison is needed, without which it is impossible to evaluate the entire set of features. Samples for a comparative study must contain the numbers that are found in the disputed document in various variations.

  For handwriting examination, free samples of digital writing on 8-10 sheets must be provided. Various documents (invoices, documents, checks, waybills, etc.) can serve as free samples of a digital letter.

  Experimental samples of digital writing are selected independently by the investigator or with the help of a specialist. Experimental samples should be provided in the amount of 10-15 sheets.

• In what cases is a repeated handwriting examination ordered?

  A repeated handwriting examination is appointed by the court in cases of insufficient clarity and incompleteness of the expert's conclusion. The court entrusts the conduct of a repeated examination to the same or another expert. If there are doubts about the correctness or validity of the primary expert examination, the court appoints a second expert examination to another expert or other experts.

  The court, in its ruling on the appointment of a re-examination, must indicate a reasoned reason for the need to conduct a re-examination. The ruling of the court should also reflect: by whom, when and on what issues the examination was carried out earlier, what conclusions were made, what circumstances are in doubt, what tasks need to be solved during the repeated handwriting examination, etc.

  In connection with the emergence of additional questions, a second examination may be assigned to the expert who conducted the initial examination.

• When is handwriting analysis necessary?

  There are a lot of cases when it is necessary to conduct a handwriting study.

  Conducting a handwriting examination is necessary when identifying the person who made this or that handwritten text or signed the document. The identification tasks of handwriting expertise also include determining whether a person has written various handwriting objects (texts, short notes, signatures).

  Handwriting expertise also solves non-identification tasks. An examination can be appointed to determine the gender and psychophysical state of the author of the text, the prescription of the document, as well as the circumstances and conditions for the execution of the manuscript. The above tasks are diagnostic.

• Who appoints handwriting expertise and why?

  A handwriting examination is appointed to establish the identity of the executor of the manuscript, his age or psychophysical state, as well as the conditions and circumstances of the execution of the manuscript.

  Not only state bodies (court, investigator, tax service, etc.) can appoint a handwriting examination, but also individuals and legal entities. The objects of handwriting expertise can be very different, and therefore there is a wide range of people who need handwriting expertise.

• What materials must be provided for handwriting examination?

  To conduct a handwriting examination, it is necessary to provide the original of the disputed handwriting object. If the original of the disputed handwriting object is not available, then you can provide a copy of it. The copy must be in good quality, otherwise the study will not be possible. Often the conclusions of handwriting research on copies are given in a probable form.

  Handwriting samples are also required for handwriting examination. They are needed for comparison with a handwriting object, during which signs of handwriting are revealed. Comparison samples must be of sufficient quantity and quality for examination.

  It is necessary to provide three types of samples: free, conditionally free and experimental.

  In terms of time, the samples and the disputed object must be comparable (preferably taken in the same period of time).

• Where is it better to apply: to a state expert institution or to a private one?

  Handwriting examinations can be carried out by both public and private expert institutions. Expertise in criminal cases is most often carried out in state expert institutions. Private expert institutions often conduct expert examinations in civil cases, sometimes in criminal cases.

  Private expert institutions conduct research more quickly than state institutions, since the latter have a large workload due to criminal cases. The courts assign the production of expert examinations not only to state, but also to reliable private expert institutions. In particular, this is due to the emergence of new types and types of examinations that are not performed in state expert institutions.

  Private expert institutions conduct handwriting studies not only by court order, but also at the request of organizations or individuals.

  The expert's opinion has evidentiary value, regardless of the status of the expert institution.

• Is it always possible to get an unambiguous answer as a result of handwriting research?

  As a result of the study, the expert can give one of 5 answers:

  1. Definitely positive;
  2. categorical negative;
  3. Probable positive;
  4. Probable negative;
  5. It is not possible to answer.

  In order to answer in a categorical manner, a sufficient number and quality of samples for a comparative study and the object of study is necessary. For a comparative study, it is also important to have a free sample of a handwriting object approximately in the same period of time as the object under study.

  In cases where there is insufficient quantity and quality of samples for a comparative study, but some signs are displayed clearly, although they are not enough for a categorical conclusion, the expert gives a probable conclusion. The same applies to cases where not the original documents, but their copies are submitted for handwriting examination.

  It is not possible to solve the problem assigned to the expert in cases where there is not enough quantity and quality of samples and the signs do not form a stable set for conclusion either in a categorical or in a probable form.

• How strong is handwriting expertise?

  It cannot be said how strong the evidence is the conclusion of an expert in handwriting examination. The expert opinion has no predetermined force and advantages over other evidence. In the same way as other evidence, the expert's opinion is subject to verification and evaluation by the court, the prosecutor, the investigator and the inquirer. The completeness, objectivity, reliability of the study is checked.

  The results of the handwriting examination are evaluated in conjunction with other evidence in the case.

  However, the results of handwriting expertise can be decisive for a particular case.

• How long does a handwriting examination take?

  Handwriting examination refers to forensic examinations and is one of the most common studies. The object of research can be various manuscripts: a text, a short note or a signature. The basis for this division is the size of the manuscript. The deadline for handwriting examination depends directly on the volume of the text under study. Also, the duration of the handwriting examination is affected by the number of objects received for research, and their complexity.

• Does the legislation regulate the production of handwriting expertise?

  The production of handwriting expertise is regulated by a number of legal acts.

  Federal Law “On State Forensic Activities in the Russian Federation” No. 73-FZ of May 31, 2001 considers the general provisions of forensic examination, the duties and rights of the head of an expert institution and an expert, the production of a forensic examination, the specifics of the production of a forensic examination in relation to living persons, financial, organizational, scientific, methodological and information support for the activities of expert institutions.

  The Code of Criminal Procedure of the Russian Federation No. 174-FZ of December 18, 2001 includes an expert among the participants in criminal proceedings. In Art. 57 considers the procedural status of an expert, as well as his rights and obligations.

  Art. 79 and 84 of the Civil Procedure Code of the Russian Federation No. 138-FZ of 11/14/2002 provides for the procedure for appointing and conducting an examination. The procedure for appointing and conducting a comprehensive, commission, additional and repeated examination is also considered. The Code of Civil Procedure of the Russian Federation provides for the procedural status of an expert, as well as his rights and obligations.

  Article 55 of the Arbitration Procedure Code of the Russian Federation No. 95-FZ of July 24, 2002 considers the procedural status of an expert, as well as his rights and obligations. Articles 82 and 83 of the Arbitration Procedure Code of the Russian Federation are devoted to the procedure for appointing and conducting an examination. Further there are articles considering commission, complex, additional and repeated examinations.

  These normative legal acts are the main, most fully regulating the production of expertise in general, and in particular - handwriting expertise.

• Does the conclusion of an expert in handwriting expertise have evidentiary value?

  In accordance with paragraph 2 of Art. 74 of the Criminal Procedure Code of the Russian Federation, the conclusions of an expert and a specialist, as well as their testimony, are allowed as evidence.

  The expert's opinion has probative value if it meets the basic requirement for the expert's opinion - reliability.

  The expert opinion must be reliable, i.e. The information contained in the expert opinion must be true and not falsified. The expert conducts research objectively, studying objects completely and comprehensively.

  If the court or the investigator doubts the reliability of the expert's conclusion, then a second expert examination is appointed.

• Is it possible to conduct a multi-object handwriting examination?

  At present, materials with a large number of studied and comparative objects are more and more often submitted for handwriting examination. At the same time, the research methodology remains the same, however, preliminary work with the objects of research should be carried out. In order to streamline the work of an expert, the objects of research must be defined in groups. In the production of handwriting expertise, grouping greatly facilitates the work of an expert. When grouping objects must have the same properties in order to include them in a homogeneous group. Having grouped the objects of study, the expert proceeds to the study of objects according to the general scheme.

• Is it possible to conduct a study of small-volume manuscripts?

  When short texts and notes are submitted for handwriting examination, it is rather difficult for an expert to find common signs of handwriting due to the small volume of text, but it is easy to find particular signs. If the particular features are stable, significant and have great identification significance, then the expert can solve the expert problem.

  If such objects as records made according to the type of school handwriting, faded and faded texts were received for the handwriting examination, then it is quite difficult to identify particular features, but it is possible to identify common features.

  It seems possible to conduct a handwriting examination if there is a sufficient amount of comparative materials.

• Is it possible to conduct a handwriting examination of a signature?

  Handwriting examination of a signature is one of the most common handwriting examinations. Examination is carried out not only in criminal and civil cases, but also in cases of administrative offenses. This object of study is quite complex, since the signature itself has a small amount for research. The signature has various variations under different writing circumstances. In addition, technical means are often used when signing, which significantly complicates handwriting research.

  It is worth noting that the signature is finally formed only by the age of twenty-five to thirty, which creates significant problems in the study of a signature made by a person whose signature has not been completely formed.

• What are experimental samples? What are the requirements for them?

  Experimental samples - samples that are made specifically for handwriting examination. Experimental samples are being performed under investigators to avoid falsifying the manuscript.

  The requirements for experimental samples are the same as for free samples.

  If a person deliberately distorts his handwriting, then it is necessary to call a specialist and change the environment for collecting experimental samples. The selection of experimental samples should be carried out with changes in the environment and pace.

• What are conditionally free samples in the production of handwriting expertise?

  Conditionally free samples - samples that appeared after the initiation of a criminal or civil case, but not specifically for handwriting examination. Conditionally free samples include documents on the case made during the proceedings (complaints, comments, statements, etc.).

• What are free samples? What are the requirements for them?

  Free designs are handwritten objects made by a person prior to a criminal or civil case. Free samples are more important than other samples, since the person did not expect that his free samples would be used in the handwriting examination. Usually free samples are made without changing the handwriting. Free signature samples can be contained in various documents (payment receipts, applications), in various questionnaires, personal correspondence, diaries, etc.

  Since free samples play an important role in the production of handwriting expertise, certain requirements are imposed on them. Such, for example, as:

  1. the certainty of their origin. Free samples must belong to the person who completed the disputed manuscript.
  2. Comparability with the disputed manuscript. Free samples and the disputed manuscript must be written in the same language. They must also be comparable in time.
  3. Comparative samples and the disputed manuscript must match in purpose and content.
  4. Comparative samples must be written with the same writing instrument as the disputed manuscript.
  5. Comparative samples must be completed by the writer in the same condition as the disputed manuscript.
  6. Writing speed. Free samples must be completed at the same pace as the disputed manuscript.

• What is the meaning of the stage of processing the results in the production of handwriting expertise?

  The handwriting examination ends with the drawing up of a handwriting conclusion. The conclusion should consist of three parts: introductory, research, conclusions.

  In the introductory part of the conclusion should be indicated: the number of the conclusion; date of manufacture; name of the expert institution; the basis of the research production; position and surname of the person who ordered the handwriting examination; brief description of the case; list of case materials; a list of questions posed to the expert; surname, education, experience, specialty of the expert who conducted the handwriting expertise.

  The research part begins with a description of the materials received for research. The description should be as complete as possible. In the research part, the expert studies the general and particular features of writing and the general and particular features of handwriting. Having identified the coinciding and differing signs, the expert comes to a conclusion.

  In the last part of the conclusion (conclusions), the expert answers the questions posed. Answers should be short, clear and answer the questions asked.

  Photo tables are attached to the expert's opinion, where the objects under study and their most significant features are displayed.

• What is the meaning of the stage of evaluating the results of the study and the formation of the expert's conclusions in the production of handwriting expertise?

  Evaluation of the results of the study is an important stage in the handwriting expertise. The conclusion of the expert depends on a reasonable assessment of all the essential features of the handwritten text performer. Evaluation of signs of the executor of the manuscript is carried out at all previous stages of handwriting examination, but it is of great importance after a comparative study.

  After evaluating all the significant differing and coinciding features, the expert proceeds to formulate conclusions. Conclusions can be categorical (negative or positive), probable (negative or positive) and the conclusion about the impossibility of conducting a handwriting study.

• What is the meaning of the stage of detailed research in the production of handwriting expertise?

  A detailed study in the production of handwriting expertise is divided into three stages: a separate study, a comparative study and a preliminary assessment of features.

  Separate research is the process of identifying identifying features in a manuscript. As a rule, the study of identification features begins with the study of general features and particular features, which can be used to determine the level of written language proficiency (only with a large amount of handwritten text).

  After studying the signs of written speech and general signs of handwriting, the expert identifies and examines particular signs of handwriting.

  After a separate study, the expert proceeds to a comparative study. At this stage, the disputed manuscript is compared with comparative samples according to the features that were identified at the stage of separate research. First of all, the general and particular features of written speech are compared, then the general and particular features of handwriting. To establish the author of a disputed manuscript, coinciding and differing features are important.

  The next stage is a preliminary assessment of the features. Identified coinciding and differing signs are evaluated by an expert according to the degree of their stability. The expert preliminarily assesses the sufficiency of the totality of the identified features to formulate a conclusion about the presence/absence of identity.

• What is the meaning of the stage of preliminary research in the production of handwriting expertise?

  At this stage of the handwriting examination, the expert familiarizes himself with the investigator's decision or the court ruling on the appointment of a handwriting examination, with the case materials and the questions posed to the expert, studies the circumstances of the case, evaluates the comparative materials received for the study.

  Having studied all the materials of the case, the expert comes to the conclusion about the suitability of the objects for research. If there are not enough objects, then the expert requests the provision of objects suitable for examination.

  Facts are also established at this stage:

  • the presence of unusual conditions for the execution of the manuscript (natural / intentional changes),
  • availability of preliminary technical preparation for the execution of the manuscript.

  Approaching the completion of the preliminary stage of handwriting examination, the expert draws up a plan for the further course of the study and proceeds to the detailed stage of handwriting examination.

• What is the sequence of handwriting examination?

  For the production of handwriting examination, there is a special technique developed for consistent research throughout the entire examination.

  The technique is traditionally divided into 4 stages:

  1. preliminary study;
  2. Detailed study;
  3. Evaluation of the results of the study and the formation of expert conclusions;
  4. Registration of the results of the conducted expert research.

  In accordance with Art. 8 of the Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Activities in the Russian Federation”, an expert must conduct research objectively, comprehensively, in full, based on a scientific and practical basis, within his specialty.

• investigated during handwriting examination?

  When conducting a handwriting examination, the identification features of the signature of handwriting objects are examined. They are divided into two main groups: signs of written speech and signs of handwriting. These two groups are divided into two more groups: general and particular signs.

  1. Signs of writing. This group of signs reflects the culture of a person and expresses the semantic side of writing, i.e. this group includes grammatical, logical and other skills. The group of signs of written speech is divided, in turn, into general and particular signs. General features reflect the level of written language proficiency (high, medium, low). Particular signs reflect certain skills in the written language of a particular person. Signs of written speech are rarely reflected in handwriting studies.
  2. Signs of handwriting. This group characterizes the specific features of the display of the manuscript. General features include: topographic features, the degree and nature of the formation of the written-motor skill, the structure of movements along their trajectory. Particular signs reflect the features of movements when performing individual letters and elements. These include: complexity of movements, form of movements, direction of movements, extent of movements, number of movements, type of connection, sequence of movements, and relative placement. Particular signs of handwriting are of particular importance for handwriting expertise.

• Who conducts handwriting analysis?

  Handwriting expertise is carried out by a person with special knowledge in the field of handwriting (handwriting expert). Handwriting research can be carried out by a specialist. There are several significant differences in their procedural statuses.

  Complex handwriting examinations can be carried out by a commission of handwriting experts. Each handwriting expert in the commission carries out research independently, but at the same time must analyze and evaluate not only their own results, but also the results of other experts. Each expert signs the part of the conclusion, which is made by him personally, and is responsible for his part. The experts formulate a general conclusion, but if there are experts who do not agree with this conclusion, they give a separate opinion.

  In the commission, one of the experts may act as an expert-organizer. Most often, this is a person who has a long history of work in the field of handwriting, or a respected expert. However, the procedural functions of the organizing expert and the functions of other experts are no different.

• Why do we need handwriting expertise?

  Currently, the crime rate is very high. Signatures are often forged in various documents (declarations, contracts, invoices, etc.), they are forced to write a text under the threat of violence or other acts of a violent nature (writing a will, suicide note, etc.), etc. Questions such as: “Was the text written by one or more persons?”, “Was the text written by this or another person?”, “Was the person under the influence of alcohol or in another unusual state when writing the handwritten text?”. All these and many other questions are solved by handwriting expertise.

  The main task of the handwriting examination is to establish whether the display of a handwriting object belongs to one or another person, i.e. performer identification. In addition to the main task, with the help of handwriting expertise, it is possible to determine the state of the author, the circumstances of writing the handwritten text, the fact of the unusual execution of the manuscript.

  It should be noted that when the person who executed the handwritten text is unknown, then with the help of handwriting expertise, one can determine the approximate age, gender, psychological state of a person, his professional qualities, the circumstances of writing the handwritten text, etc. Even without knowing the executor of the handwritten text, one can draw up an approximate portrait of a person.

• What is handwriting expertise?

  Handwriting examination refers to the traditional types of forensic examinations. Handwriting examination - a study based on special knowledge, conducted by an expert in accordance with the law in the field of handwriting to establish facts of probative value.

  From the definition of handwriting expertise, one can single out the concept of the subject of handwriting expertise - the establishment of facts that have probative value.

  There are two understandings of an object:

  • Wide (all materials of the case)
  • Narrow (specific representation of the handwriting of the face - manuscript)

  The manuscript, in turn, is divided into three types:

  1. text that is characterized by a large amount of alphabetic, numeric or mixed symbols.
  2. a short record, which is characterized by a smaller amount of notation.
  3. the signature, which is distinguished by a small number of designations, there are also conventional graphic signs denoting the surname, name and patronymic of a person for authentication purposes.

  The expert examines these types of objects, using his special knowledge in the field of handwriting, to establish factual data.