The graphic side of writing is expressed in the form of written signs and combinations of them – handwriting.
The graphic side of writing is expressed in the form of written signs and combinations of them – handwriting.
For forms of crime such as public calls for genocide and the distribution of materials calling for genocide, the goal is not a necessary feature of the composition.
References:
Constitution of Ukraine: Adopted at the fifth session of the Verkhovna Rada of Ukraine on June 28, 1996 – Kyiv, 1996 .– p. 111. Criminal Code of Ukraine: Official text. – K.: Jurinkom Inter, 2001 – 240 p. Korzhansky M.Y. Scientific commentary on the Criminal Code of Ukraine. – K., Attica, Academy, Elga-N, 2001. Criminal law of Ukraine. Special part / Ed. MI Bazhanov, VV Stashis, VY Tatsiya. – Kyiv – Kharkiv: Yurinkom Inter, 2003 .– 496 p. Criminal law of Ukraine. Special part./Ed. MI Melnyk, VA Klimenko. – Kiev: Yuridichna Dumka, 2004 .– 656 p. Criminal law of Ukraine. Special part / Edited by MI Bazhanov and others. – Kharkiv. Jurinkom Inter – Law, 2001. Scientific and practical commentary on the Criminal Code of Ukraine of April 5, 2001 / Edited by MI Melnyk, MI Khavronyuk. – K.: Cannon, ASK, 2001. Scientific and practical commentary on the Criminal Code of Ukraine. Under the general editorship of Potebenko MO, Goncharenko VG – К.: “Forum” 2004., at 2 hours – Part 2. – 984 p.
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Forensic study of writing (forensic handwriting)
Forensic study of writing (forensic handwriting) is a branch of forensic technology that studies the laws of writing, the process of its study, the possibility of human identification
Forensic handwriting studies writing in order to solve identification and non-identification (diagnostic) tasks.
The subject of forensic handwriting. Writing skills and its properties
Writing – a means of fixing and storing human thought; comes from sound speech and is the main means of human communication. There are semantic and graphic side of writing. The semantic side of writing finds its expression in linguistic means and reflects the written language of the writer. The graphic side of writing is expressed in the form of written signs and combinations of them – handwriting.
Written language is the expression of human thoughts through various means of speech (syntax, spelling, vocabulary, punctuation, stylistics). Each person’s written language differs in teaching style, vocabulary, general level of literacy. The written language of man is characterized by individuality and relative constancy.
Handwriting – a manner of writing, expressed in a system of movements that are recorded in the manuscript. Handwriting depends on the level of development of the person and the consolidation of writing and motor skills. The originality of handwriting is manifested in a certain set of general and individual features. Identification properties of handwriting are its individuality (expressed in the presence of signs that are rare) and relative stability (the main features of handwriting do not undergo significant changes during the identification period).
Throughout a person’s life, handwriting undergoes certain changes, it develops and improves. The formed handwriting has the greatest stability, which is most often present in a 25-year-old person. The handwriting feature cannot be considered an obstacle to identification.
Human handwriting is associated with its conditioned reflex actions and the activity of the large hemispheres of the brain. Learning to write, repeated repetition of writing the same letters, numbers, signs lead to the development of graphic skills. Handwriting properties (individuality and relative constancy) are associated with a dynamic stereotype (neurophysiological basis of skills). Graphic skill covers three main groups of skills:
technical skills (method of writing technique); directly graphic skills (the ability to depict letters (numbers), combine them into words); spelling skills (the ability to identify phonemes (sounds) and display them in writing).
Identification features of writing
External manifestations of relatively stable writing skills, reflected in the manuscript, constitute a system of identifying features of writing, which includes features of written language, topographic features buy a compare and contrast essay online of writing and handwriting. Moreover, for each person this certain set of features is unique.
Signs of written language are divided into general and individual. Common features include:
level of written language proficiency (high, medium, low); degree of development of grammatical and stylistic skills (high, medium, low); sentence length (large, medium, small); predominant types of sentences (simple, complex); use of phraseological means; lexical features and the volume of vocabulary, etc.
Some grammatical features of written language include spelling or punctuation errors, the originality of individual sentences, the presence of stylistic or syntactic errors in sentences (the use of archaisms, dialectisms, jargon, abbreviations, professionalism, tautology, etc.).
Signs of written language have an important identification value to establish the authorship of the letter, as well as ancillary value – to identify a person by handwriting.
Topographic features of writing characterize the features of the text as a whole or its individual parts – these are stable habits of text placement. When studying topography, attention is paid to margins, paragraphs, construction of lines in the direction, placement of punctuation marks or quotation marks, the way words are transferred, page numbering, etc. Thus, there are field sizes – small (up to 10 mm), medium (up to 20 mm) and large (over 20 mm), paragraphs – small (20 mm), medium (30 mm), large (over 40 mm) , field line – straight, wavy, convex, concave, stepped.
Handwriting features are divided into general and individual. Common features characterize handwriting as a system of movements. They include:
handwriting – reflects the ability of the writer to use a modern cursive system; determined by the pace of writing and coordination of movements in the performance of written characters and their connections. Under the development of handwriting understand the level of mastery of writing techniques, which is manifested in the ability to perform handwritten text at a fast pace, stable coordinated movements. There are three degrees of handwriting; the complexity of handwriting – indicates what movements are performed written signs, the configuration of their structure; distinguish between simple, simplified and complicated; the inclination of the handwriting – depends on the direction of bending movements when performing rectilinear elements; the slope of the handwriting is straight, right-handed, left-handed, oblique and chaotic; handwriting size – is determined by the height of lowercase letters: uppercase (5 mm or more), medium (2 to 5 mm), small (not more than 2 mm); handwriting acceleration – characterizes the length (size) of horizontal movement and is determined by the ratio of the width of the characters to their height, as well as the distance between the written characters. Distinguish: compressed (small acceleration) – the width of small letters is less than their height, the distance between the letters is insignificant; middle – the width of lowercase letters is approximately equal to their height, as well as the distance between the letters; accelerated (large acceleration) – the width of lowercase letters is greater than their height, the distances between the letters are increased; coherence of handwriting – is the continuity of a certain number of written characters and their parts within one word. Connectivity is characterized as small (when connecting letters in most words for two or three), medium (when connecting from four to six) and large (when performing six or more characters in one word with continuous hand movement in the process letters); handwriting pressure – characterizes the intensity and placement of effort on writing utensils when performing written characters; determined by the degree; the predominant form and direction of movements – the form of movements is rectilinear and curvilinear; distinguish rounded (left and right-circular) and angular handwriting.
A separate feature of handwriting is a characteristic of movements, which is manifested in the performance of individual letters or their individual elements. There are certain groups of movements that are used to study individual features of handwriting:
the shape of the trajectory of movements when performing written signs and their elements (arc, circle, loop); direction of movement (from left to right, from right to left, right or left circle, etc.); length of movements; the way to start (from a point, curl, loop) and end the movement; type of connection of elements in the letter (adjacent, interval, etc.); number of movements; sequence of movements; placement of the point of intersection of movements relative to the line of the line or other elements of the sign; complexity of movements, etc.
Some features of handwriting have an important identification value, as they are unique and stable. Such signs persist even when a person intentionally changes his handwriting.
Preparation of materials for forensic handwriting examination
When preparing materials for forensic handwriting examination, the main task of the investigator is to provide the expert with benign comparative samples. If necessary, the investigator has the right to make a decision on the removal or sampling of handwriting required for comparative research. A protocol is drawn up on sampling (Article 199 of the CPC).
Samples for expert research are divided into experimental (specially obtained for the purposes of this particular examination) and free (created or obtained out of connection with the criminal case under investigation, usually before its initiation). Sometimes conditionally free handwriting samples can be used, ie those made after the initiation of a criminal case, but without connection with the examination.
The main requirements for free handwriting samples: authenticity (certainty) of origin; correspondence to the researched document (close in time of execution, form and content, made with similar writing instruments, etc.), sufficiency of samples by quantity. Experimental samples are obtained when there are no free samples or they are insufficient in volume and quality. Experimental samples of handwriting, signatures, digital records must correspond to the researched document on the material of the letter, writing utensils and be provided in sufficient quantity.
Experimental samples are taken under dictation or by independent writing by the suspect (accused) at the suggestion of the investigator or judge and always in their presence. The text of the researched document is used or a special text is composed using individual words, their combinations or numbers from the researched one.
