Volume 03 Issue 01-2023
66
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
66-69
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article presents a brief history of the emergence and development of forensic handwriting expertise, one of the
independent types of traditional forensic examinations, the current state of forensic handwriting expertise in the
Republic of Uzbekistan, its role in solving crimes, the modern relevance of this type of forensic examination. Also, in
practice, a brief analysis of a number of problems existing in the process of forming the conclusions of the handwriting
examination, which will be compiled at the end of this type of examination, was carried out, and proposals were made
to eliminate these problems.
KEYWORDS
Handwriting expertise, expert opinions, re-examination, identification.
INTRODUCTION
Forensic handwriting is a special branch of criminalistic
technique, which is a set of knowledge about methods
of studying handwriting and signatures to determine
factual information of evidentiary value in criminal and
civil proceedings [1]/
Just as every independent field has its own history of
development, there is a unique and appropriate path
of development of the Expertise of Ethnology to reach
its present state. If we look at the history, the history
of correspondence examination is very long. Historical
data indicate that the first manifestations of this field
Research Article
MODERN STATE OF FORENSIC HANDWRITING EXPERTISE
Submission Date:
January 20, 2023,
Accepted Date:
January 25, 2023,
Published Date:
January 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue01-12
Sobirov Furqat
Teacher Of The Department Of Criminalists At The Academy Of Ministry Of Internal Affairs Of The Republic Of
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 01-2023
67
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
66-69
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
date back to the time of the Ancient Roman Empire.
Correspondence was first introduced into the legal
system during the reign of Byzantine Emperor
Justinian (V-VI century). By the 15th century,
correspondence science found its way of development
in Russia, and it began to be used to shed light on the
issue of forgery of documents in the country. Be that
as it may, the first works on the study of documents
appeared in France at the beginning of the 17th century
[2].
Since forensic science has a long history, it would be a
mistake to think that this field predates the science of
criminology. Because in the first forms of
correspondence examination, it was not carried out by
specialists in this field, but by random persons, and
among these persons, we can mention teachers,
artists, and sometimes any literate people as the best
ones.
The development of forensic expertise in foreign
countries is associated with the names of forensic
scientists such as A.Bertillon, E.Locar, S.Ottolenghi,
A.Osborn. In the development of forensic expertise, it
is permissible to highlight the services of the Russian
forensic scientist E.F. Burinsky [3]
In our country, the activity of the expert in the field of
ethnology is mainly related to the books written and
published by foreign, especially Russian, scientists.
Although the scientific competence of our country is
extremely high, we can hardly boast of scientific
competence in the field of correspondence science. A
situation where the development of any industry
depends on the attention paid to that industry. Today,
it is not an exaggeration to say that the expertise of
Khatology has found its way of development in our
country, and because of my strong interest in this field,
I decided to independently conduct scientific research
and create my own, unique methodology in the future.
Today, the types of crimes, the scope of the people
who commit them, the way of committing them are
changing so quickly that we understand that the
intention to solve these crimes in time cannot be
achieved without creating new methodologies in the
field of criminology, in particular, without introducing
new technologies into this field. must.
With the above opinion, I am far from the opinion that
the methods of correspondence examination currently
in force in the Republic of Uzbekistan are old or should
not be used, on the contrary, on the basis of these
methods, we have developed the field of foreign
scientists who have come together from the
criminogenic situation of our country and the trends of
committed crimes. In cooperation with. Today, our
honorable
president
is
creating
unparalleled
opportunities for our youth, and I think that we should
only be inspired by this and move forward, and we
should all respond positively to these reforms with our
own positive results.
Nowadays, forensic forensic examination is considered
one of the most frequently assigned expert studies in
practice, and it has a special place among expert
studies due to its complexity and at the same time it is
interesting. Epistemic expertise is one of the few types
of expertise that does not have an automated system
within traditional forensic research. In this expertise,
the human factor is very important, and the expert
expert gives a conclusion based on his knowledge,
experience and skills, and not with an automated
system, on almost all issues that are supposed to be
solved before the expert. That is why there are more
cases of appointment of re-examination within the
Volume 03 Issue 01-2023
68
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
66-69
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
framework of this expertise compared to other types
of expertise.
Correspondence examination is carried out by a
specialist expert based on the decision and verdict
issued by the court and investigative authorities in
order to clarify whether the handwritten writings and
signatures in the document, which are considered to
be the object of investigation in the civil and criminal
proceedings, have been executed by a certain person
or not, and at the end, it is formalized through a
conclusion.
One of the main reasons for the relevance of forensic
expertise and the high demand today is that the
signature (in some cases, writing) considered as the
objects of this expertise is one of the requisites that
has the power to confirm documents, real estate,
bank, will, etc. used to confirm similar documents. That
is why the demand for this expert research is increasing
and not decreasing. At this point, I will touch on a very
common situation in practice. We know that during the
process of appointing an expert, the div that
appointed the expert must put a question to the
expert for a solution. In some cases, the authority
appointing the expert will ask questions such as
"Whether the signature or stamp on the document
with conditional name "A" to be checked is forged."
The correct seal is not an object of correspondence
expertise, but I considered it permissible to mention
this situation because there are many similar situations
when appointing an expert and putting questions to
the expert.
Here it is important to understand that the expert does
not have the right to answer the fact that a certain
document or the details contained in it are fake or not
in his conclusion, so asking such questions to the
expert is a mistake, and I believe that the employee
who asked such a question is not qualified to appoint
an expert. It would be appropriate to give such
employees a clear understanding of the assignment of
expertise.
If a correct, exactly necessary object is put before the
expert correspondence as a question, it will not be
without benefits for both the expert and the div that
appointed the expertise. Because the expert tries to
give a clear answer to a specific question. It is
appropriate to ask questions to the expert in the
following order regarding the situation indicated
above. "Whether the signature on the document with
conditional name "A" under verification (if there are
several, it should be indicated which one) was
executed by a certain person or by another person."
because the correspondence expert clarifies the fact
that the object to be checked in the document
(signature, writing, number, etc.) has been executed
by a certain person or not.
The existence or non-existence of the state of forgery
of this signature will be assessed and qualified
depending on the conclusion of the expert opinion
obtained by the div that appointed the expert
(investigator, court, etc.). In some cases, as a result of
the lack of knowledge of the experts of
correspondence, in order to answer the question put
before the expert, there are such errors, i.e. the
conclusion that the signature or seal on the document
with the conditional name "A" is forged or not is
forged. There is a lot of reason for this type of
conclusion, because we experts are aware of our
obligation to answer the question posed by the div
that appointed the expertise, not to answer questions
that do not fall within our competence, and to solve
the issue of making changes to the div that
appointed the expertise without affecting the content
Volume 03 Issue 01-2023
69
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
66-69
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
of the question through an oral or written appeal. we
must not forget that we have the right to do so.
If the questions put to the expert do not fall within the
scope of the expert's authority, the expert draws up a
justified document on the impossibility of giving a
conclusion by the expert and sends it to the div
(person) that appointed the expert
1
. Let us cite the
following situation as an example of such a situation. If
it is indicated that the signature and seal on a
document should be checked by the div that
appointed the expert, the following question was put
before the expert to solve: Was it done by
"(conditional name) or by someone else?"
It is not surprising that the above situation is often
encountered in practice, but it is a situation related to
the lack of knowledge and skills of the representatives
of the div that appointed the expert. The reasons for
my opinion are as follows:
-First of all: Mukhr is not considered an object of
Xatology expertise.
-Secondly: For both of these objects, only one
Correspondence expert is appointed.
-Thirdly: If it is necessary to appoint only one expertise
for both of them, this situation is regulated in the Code
of Criminal Procedure of the Republic of Uzbekistan.
Comprehensive expertise is appointed in cases where
it is possible to determine important cases for the case
by conducting several expert examinations using
different fields of science.
-Fourth: It is impossible to determine by whom the
stamp was made (printed). After all, this form does not
change regardless of who puts the seal on the paper.
1
жпк
REFERENCES
1.
Handwriting and handwriting expertise lecture
course Volgograd 2002
2.
Koshmanov M.P., Koshmanov P.M. Signs of
handwriting forensic investigation.
3.
Vinberg A.I. Forensic examination of the letter.
4.
Criminal Procedure Code of the Republic of
Uzbekistan
