TACTICAL ARSENAL OF INVESTIGATOR: SYSTEMS OF TACTICAL RECEPTIONS OF RECEIPT OF EXPERIMENTAL STANDARDS OF HANDWRITING AND SIGNATURES

Authors

  • С.Г. Качурін
  • М.В. Семеніхін

DOI:

https://doi.org/10.33216/2218-5461-2019-38-2-112-123

Abstract

The successful solution of the tasks to be resolved
by an expert-handwriting expert is determined by the
quantity and quality of handwriting samples and
signatures, and the professional skill of the
investigator, which he receives and selects during the
corresponding investigative action (Chap. 15, 16 of
the CPC, Articles 234, 237, 245 of the CPC) , as well
as the presence (absence) of counteraction of the
selected samples by the audited entities. The latter
circumstance significantly affects the comparison of
comparison samples with the studied handwriting
material. Therefore, the relevance of the research
topic is determined by the need to develop a system of
tactical techniques and forensic recommendations for
overcoming and preventing the counteraction of
audited persons, which would ensure the speed and
effectiveness of solving the problems of pre-trial
investigation and judicial process in conducting
forensic handwriting examinations.
The aim of the study is the analysis of theoretical
issues and the development of practical
recommendations on the tactics of selecting
experimental handwriting samples and signatures in
the face of opposition, during forensic handwriting
examinations.
In this regard, the objective of our study is to
develop tactical methods for the selection of
experimental handwriting samples and signatures, to
systematize them depending on situational
conditioning, and to identify the features of their
implementation.
According to the authors, the practical
implementation of the above provisions during the
pre-trial investigation should positively affect the
quality of the investigator’s activity in identifying
methods for counteracting verified persons during the
forensic handwriting examination and selection of
experimental handwriting samples and signatures
from them, thereby improving the level of tactical and
forensic ensure pre-trial investigation.
According to the results of the study and the
foregoing, the authors argue that:
1. The use of tactical techniques by the
investigator in conflict and conflict-free situations
when sampling in order to obtain benign experimental
handwriting and signature samples is a prerequisite
for the effectiveness of a forensic handwriting
examination.
2. The choice of tactics of the experimental
design for the expert study, at the stage of preparing
the forensic handwriting examination, is based on the
results of forecasting the investigative situation, the
behavior of the person being verified. The forecast is
carried out in two ways: by direct perception of the
personality characteristics of the person being
checked, during the previous investigative actions;
direct way of collecting and analyzing information
that characterizes a person.
3. Tactical techniques for selecting experimental
handwriting samples and signatures are classified by:
1) the stages of the conduct (which are used in the
preparatory and working stages); 2) the object of
influence (the person being checked; handwriting
material); 3) the type of investigative situation
(favorable, conflict); 4) by the nature of the
information that is transmitted to the person who is
being verified (materialized, verbal); 5) content
(operational, behavioral techniques). The
combination of tactical techniques creates a tactical
combination, the purpose of which is to obtain
representative, high-quality samples.
4. Depending on the investigative situation, the
current system of tactical sampling techniques, aimed
at: 1) establishing the circumstances and conditions of
the manuscript; 2) obtaining samples of the
handwriting of the auditee, in a situation of possible
failure; 3) communication with the person being
checked, and the impact on her during the sampling;
4) overcoming the opposition of the person who is
being checked.

5. Tactical techniques to overcome the
opposition of the inspected person include: a) in case
of refusal to provide experimental samples of
handwriting and signatures - the use of methods of psychological influence and logical conviction;

b) in case of distortion by the person being checked of his handwriting - acceleration of the pace and duration of writing;

c) when reporting false information about the person’s ignorance of being verified of the transcription of the signature of a specific person-providing the person with the test signature for a short visual inspection. The last trick is based on the results of an experiment conducted by the author.
Keywords: forensic handwriting examination, handwriting and signature samples, selection of samples, opposition to conducting handwriting examination, tactical techniques system.

Author Biographies

С.Г. Качурін

К.ю.н., доц., доцент кафедри конституційного права Східноукраїнського національного університету імені Володимира Даля

М.В. Семеніхін

Директор Луганського науково-дослідного експертно-криміналістичного центру МВС України

Published

17.12.2019

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