of April 27, 2017 No. 484
About approval of Rules of the organization and production of judicial examinations and researches in bodies of judicial examination
According to the subitem 4) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" I ORDER:
1. Approve the enclosed Rules of the organization and production of judicial examinations and researches in bodies of judicial examination.
2. Recognize invalid some orders according to appendix to this order.
3. To provide to department of the organization of expert activities of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order the direction of copies of this order in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.
4. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.
5. This order becomes effective after ten calendar days after day of its first official publication.
Minister
M. Beketayev
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of April 27, 2017 , No. 484
1. These rules of the organization and production of judicial examinations and researches in bodies of judicial examination (further - Rules) are developed according to the subitem 4) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" and determine conditions, and also procedure for the organization and production of judicial examinations and researches in bodies of judicial examination.
2. Judicial examination (further - examination) is made for the purpose of research of materials of criminal, civil case or case on administrative offense, carried out on the basis of special scientific knowledge for the purpose of establishment of the actual data important for its permission.
3. The research is conducted for the purpose of rendering assistance in receipt of the data necessary for implementation of protection of legitimate interests of legal entities and physical persons by their written requests, with use of scientific means and methods.
4. The bases of production of examination are established by the Code of penal procedure of the Republic of Kazakhstan, the Code of civil procedure of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan about administrative offense, the Law of the Republic of Kazakhstan "About judicial and expert activities", and also the Law of the Republic of Kazakhstan "About notariate".
5. The body (person) which appointed examination represents to the head of territorial subdivision the objects of examination and other materials necessary for carrying out expert researches and making the conclusion which are registered in the Magazine of registration of the materials arriving for production of judicial examinations in forms according to appendices 1, 5-10 to Rules of the address with the objects of judicial examination approved by the order of the Minister of Justice of the Republic of Kazakhstan of March 27, 2017 No. 305 on the same day (further – Rules No. 305), (it is registered in the Register of state registration of regulatory legal acts No. 14958).
The materials which arrived for examination are considered in day of their receipt by the head and are transferred to the court expert (further - the expert) for examination production.
6. Expertizes are carried out in specially equipped room, except for the following cases:
need of carrying out expert researches in the course of legal proceedings;
impossibility of representation of objects because of their big dimensions or specifics of the materials which are subject to expert research.
In case of production of examination out of specially equipped room the body (person) which appointed examination provides delivery of the expert to the location of objects, easy access to them and the conditions necessary for carrying out expert research.
7. For production of difficult, multi-object, complex examinations the head creates the commission of experts as a part of two or more experts.
Commission examination is appointed in cases of need of production of difficult judicial and expert researches and is carried out by at least than two experts of one specialty.
For production of forensic-psychiatric examination on sanity of person the commission as a part of at least three experts is appointed.
Complex examination is appointed in case researches on the basis of different industries of knowledge are necessary for establishment of the circumstance important for case, and is carried out by experts of different specialties within the competence.
The order of complex examination to one expert in the presence at it qualifications on the different judicial and expert specialties necessary for production of this examination is allowed.
8. Repeated examination is appointed for research of the same objects and the solution of the same questions in cases when the previous expert opinion is insufficiently reasonable, or its conclusions raise doubts, or procedural rules in case of appointment and production of examination were significantly violated.
Repeated examination is entrusted to the commission among at least two experts and without inclusion in it of the expert who was carrying out primary expertize. The expert who was carrying out the previous expertize can be present at production of repeated examination and give the commissions of the explanation, however he does not participate in expert research and creation of the conclusion.
In case of insufficient justification of motives of purpose of repeated examination the head of territorial subdivision returns to body (person) who appointed examination without execution of the resolution, determination about purpose of examination and objects of examination.
Production of repeated examination without the conclusion previous examinations is not allowed.
If second or subsequent on the account examination is appointed on several bases, one of which treat additional examination, and others – to repeated, such examination is made by rules of production of repeated examination.
In case of purpose of repeated examination the head of territorial subdivision within three days notifies on it the head of body of judicial examination.
9. Additional examination is appointed in case of insufficient clarity or completeness of the conclusion, and also emergence of need of the solution of the additional questions connected with the previous research.
Production of additional examination can be entrusted to the same or other expert. In case of the order of production of additional examination the conclusion of the previous examination shall be provided to the expert.
10. The expert, having accepted the examination charged to it by the head to production, studies the provided materials and objects of research and makes sure of their suitability and sufficiency for making the conclusion on the questions raised before it.
In case of the insufficiency or unfitness provided for production of examination of materials, the expert in coordination with the head tells the petition to body (person) who appointed examination need of provision of additional materials within three days, and on multi-object examinations within five days, from the moment of acceptance to examination production.
To satisfaction of the petition with body (person) who appointed examination, production of examination stops within the terms established by the Law.
In cases of dissatisfaction of the petition the research is conducted by the expert in volume of the provided materials, and in case of their insufficiency and unfitness for making the conclusion the resolution, determination about purpose of examination and objects of research return to body (person) who appointed examination without execution.
11. The term of production of examination shall not exceed thirty days.
Terms are determined by categories of complexity of examinations by the Rules of determination of categories of complexity of judicial examinations, procedure for calculation of terms of production of judicial examinations depending on category of their complexity, and also the bases and procedure for suspension and prolongation of term of production of judicial examinations approved by the order of the Minister of Justice of the Republic of Kazakhstan of March 27, 2017 No. 303, (No. registered in the Register of state registration of regulatory legal acts 14961).
12. If production of examination requires the term exceeding thirty days, then after familiarity within three days of the expert with case papers and representations of the corresponding calculation of time by it, necessary for examination production, the head of territorial subdivision sends the motivated petition to body (person) who appointed examination about prolongation of term of production of examination with indication of the reasons.
In case of dissatisfaction of the petition body (person) who appointed examination, the head of territorial subdivision will organize production of examination with involvement of experts of other territorial subdivisions.
At the same time the term of production of examination does not stop.
13. The term of production of examination is estimated from the date of registration of the materials which arrived on examination production.
The term of production of examination expires at the time of its delivery in office of body of judicial examination. If the termination of term of production of examination falls on non-working day, the next working day is considered day of the expiration.
14. In cases when the head of territorial subdivision finds incompleteness of research, methodical and procedural violations in case of production of examinations which can lead to wrong conclusions, the wrong registration, or research part and conclusions of the conclusion raise doubts in objectivity and scientific justification of the conducted research, the conclusion returns to the expert for modification and amendments.
If the expert insists on correctness of the course of the research and the conclusions drawn on it, then the head of territorial subdivision in the cover letter to the expert opinion points out the available defects.
15. Acceptance of objects of research, their accounting and storage for the period of examination production, and also return is performed according to requirements Rules No. 305.
16. Results of production of examination are stated in writing and drawn up according to the Code of penal procedure of the Republic of Kazakhstan, the Code of civil procedure of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan about administrative offense and the Law of the Republic of Kazakhstan "About judicial and expert activities".
The expert opinion, the message on impossibility to draw the conclusion is signed by the expert or the commission of experts which was carrying out expertize, signatures are witnessed by seal of body of judicial examination.
The materials illustrating the expert opinion (phototables, schemes, schedules, charts, slides), are applied to the conclusion and are its component. All materials are signed by the expert or the commission of experts which was carrying out expertize, signatures are witnessed by seal of body of judicial examination.
The cover letter of the head of territorial subdivision to body (person) who appointed examination which contains data on date of issue of examination, procedural costs, the number of pages of the text of the conclusion and illustrative material and return of objects of researches is attached to the expert opinion.
17. If on one questions specified in the resolution, determination on purpose of examination, the expert draws the conclusion, and on others there are bases for creation of the message on impossibility to draw the conclusion, the single document – the Expert opinion is constituted.
18. On the content and form the expert opinion reflects the procedural status of the carried-out expertize (individual, additional, repeated, commission, complex), procedure for passing of the arrived materials, process of research, the received results and conclusions.
19. Irrespective of the procedural status of examination (individual, additional, repeated, commission, complex) the expert opinion consists of the introduction, research, synthesizing part and conclusions.
20. The prolog of the expert opinion reflects organizational and managerial aspect of the conducted expert research. In the prolog of the conclusion are specified:
receipt date, examination production site;
body and the official who appointed examination;
the list of objects of research (physical evidences, samples for expert research, their condition).
When conducting forensic medical examinations it is necessary to specify:
in case of examination of corpse - surname name middle name (in case of its availability) - (further - full name), age of the dead (if it is known);
in case of examination of the victims, persons accused and other persons - full name, age, residence, data of the identity document;
in case of examination according to case papers and examination of physical evidences - the name and number of criminal, administrative or civil case, quantity of volumes, sheets of case, the list of the objects and samples which arrived for examination;
delivery mode of the objects which arrived on research;
information about persons allowed by the body which appointed examination to be present at examination production (surname, initials, the procedural status);
the questions raised on permission of the expert;
in the presence of several questions the expert groups them, having stated in that sequence which provides the most reasonable procedure for carrying out research, but without change of their semantic content;
if the question in the resolution, determination is formulated not according to the accepted recommendations, but its sense is clear to the expert, then after reduction of question in the initial formulation the expert explains how this question is understood by it according to its special scientific knowledge.
notes in which the expert specifies impossibility of the answer to the question which is requiring legal treatment of actual data and circumstances or not entering its competence; according to the subitem 5 of Item 3 of Article 79 of the Code of penal procedure of the Republic of Kazakhstan and Item 2 of article 757 of the Code of the Republic of Kazakhstan on administrative offenses formulates question, the answer to which will promote establishment of the circumstances essential to case (in coordination with body (person) who appointed examination); data on the petition for representation of additional materials with indication of date of its statement and receipt of the answer, result of its consideration; data on the petition on permission to modification or destruction of object of research with indication of date of its statement and receipt of the answer, result of its consideration; data on examination production suspension; specifying about mark of the arrived documents the corresponding stamps of organization;
information about the expert (experts): Full name, education, academic degree and rank, position, expert specialty, years of service of expert work;
specifying about the warning of the expert of criminal liability for making obviously false conclusion.
21. In case of production of additional examination in the prolog of the expert opinion, in addition to the data specified in Item 20 of these rules it is noted that examination is additional, data on the previous examination are reported: number and date of issue of the conclusion, surname and the expert's initials, the name of expert organization, are provided the questions raised on permission, this on them conclusions and the reasons of purpose of additional examination.
In case of production of repeated examination in the prolog of the expert opinion in addition to the data specified in Item 20 of these rules it is noted that examination is repeated, data on the previous examination are stated: number and date of issue of the conclusion, surname and expert's initials, name of expert organization, conclusions of the previous examination and motives of purpose of repeated examination.
In case of production of commission examination in the prolog of the expert opinion it is noted that examination is commission and the place of its carrying out is specified (one or several laboratories, the information about the expert, having the license, the expert of foreign state).
In case of production of complex examination in the prolog of the expert opinion, in addition to the data specified in Item 20 of these rules it is noted that examination is complex, are specified the place of its carrying out (one or several divisions, organizations, the information about the expert, having the license, the expert of foreign state).
22. In research part of the expert opinion all process of research and its results is stated, scientific reasons are given to the established actual data and circumstances.
Research part consists of several Sections which number and specifics is determined by specifics of expert specialty, technique of research of specific objects and directly specifics of the object.
In research part are specified:
the facts of the case having essential value for making the conclusion and accepted by the expert as basic data;
the list of the normative legal, methodical and reference books used in case of examination production;
description of condition of objects of expert research, their packaging;
the purpose, conditions and results of carrying out expert survey, experiments and receipt of samples for expert research;
the description of the used methods of expert research, specifications of their application, the received results;
references to normative and reference materials, computer databases, settlement programs, and also references to illustrations, appendices and necessary explanations to them;
results of investigative actions if they matter in case of reasons for conclusions;
expert evaluation of separate investigation phases and all received results in general as the bases for formulation of conclusions.
In case of registration of illustrative material placement of illustrations in the text of the expert opinion is allowed. At the same time the short characteristic of the used devices, the software, the mode of obtaining and seal of images, with indication of name and amount of the file containing the image is provided in research part of the conclusion.
In research part of the conclusion all actions which were made with objects and samples are specified. If some of the questions posed it was not provided possible to solve, the reasons are stated in research part.
Research part is stated in the terms and concepts which are not requiring additional explanation and interpretation for persons which do not have expert knowledge.
The technique of research is described so that it was possible to estimate completeness of its application by the expert, and in need of check of correctness of conclusions, all researches could be repeated.
In case of examination production, along with the approved techniques information sources which are obligatory for application in the territory of the Republic of Kazakhstan, in particular are also used: normative legal and legal acts.
If necessary when conducting examinations information databases of the Internet, and also specialized software products can be also used.
23. In research part of the conclusion of additional examination the expert can not state the course and results of the research conducted earlier, and to make a reference to the previous examination if in case of production of additional examination it used the same methods and means and the same results are achieved, as in case of production of the previous examination.
In research part of the conclusion of complex examination of research of each expert are stated separately. Results of assessment of individual researches and partial conclusions drawn on this basis are also stated separately (the intermediate synthesizing part). The joint assessment of results of complex research is stated at the end of research part of the conclusion, just before conclusions in the synthesizing part. When conducting complex examination one general conclusion is constituted (or the message on impossibility to draw the conclusion). In experimental testimony it is noted what researches were conducted by each expert and what are established by it data. Each expert signs the general conclusion or that its part which reflects the course and results of the researches conducted by it personally. In research part of the conclusion of commission examination experts, having come to consensus, constitute the general conclusion. In case of disagreement each expert or the group of experts constitute separate experimental testimonies (or messages on impossibility to draw the conclusion). In research part of the conclusion of repeated examination experts, having come to consensus, constitute the general conclusion. In case of disagreements each expert signs the conclusion.
24. The synthesizing part of the conclusion reflects general result of all conducted research and is allocated in the separate Section in cases:
researches of significant amount of objects;
uses of complex of methods, difficult objects which research reaches the level of the solution of situation;
complex, commission and repeated examinations.
25. In conclusions of the expert opinion answers to the questions raised before the expert are stated. On each of the questions posed the pertinent answer is given or it is specified impossibility of its permission.
Forming of conclusions is performed so that their semantic content corresponded to objectives (questions) and did not allow different interpretation.
If conclusion cannot be formulated without detailed description of the results of research stated in research part and containing irrefragable answer on the question posed the reference to this part of the conclusion is allowed.
Conclusions of commission, repeated examination if experts came to consensus, are signed by all commission of experts. In case of disagreement in the commissions on question of assessment of the received results of any Item of research of objects, this Item of conclusions it is allocated and signed by the expert solely.
The conclusions of complex examination following from the results received according to specifics of expert specialty within which the research was conducted are signed by each expert solely.
If the course of research and results received within use of knowledge from different expert specialties do not contradict each other and forming of the single conclusion opening the mechanism of the taken place event form the basis, this single conclusion is signed by all commission of experts after conclusions in each direction of researches were stated.
26. The message on impossibility to draw the conclusion consists of three parts: introduction, motivation and final. In the prolog the same data, as in the expert opinion are stated. In motivation part the reasons of impossibility to draw the conclusion on each question are in detail stated. In final part it is specified impossibility to give the answer on each question raised before the expert.
27. Upon termination of research on objects (documents, protocols, schemes), and also on other case papers containing basic data, except for documents in compliance with the legislation of the Republic of Kazakhstan which is not allowing strangers of marks (the passport, the identity certificate, securities, documents marked "confidentially", "for office use"), the print of stamp of territorial subdivision is put. The stamp print "ULG І" is applied on the objects provided as samples for expert research.
28. Upon termination of examination production the expert opinion (the message on impossibility to draw the conclusion), objects of research and samples are subject to delivery in office or left-luggage office about what the mark in the Magazine of registration of the materials arriving for production of judicial examinations in forms according to appendices 1, 5-10 to Rules No. 305 becomes.
29. In case of receipt of written appeals of legal entities and physical persons in body of judicial examination the researches on contractual basis which are carried out by the experts acting in this case as specialists with use of scientific means and methods are conducted.
30. Registration of the arrived materials for carrying out research is performed by analogy with registration of the materials arriving for production of judicial examinations.
31. Results of researches are stated in writing and "Conclusions of the Specialist" are drawn up in shape.
The conclusion of the specialist is constituted on behalf of the specialist and makes sure seal of body of judicial examination, in it the expert is signed as the specialist.
32. The conclusion of the specialist consists of three parts: introduction, research parts and conclusions. In the prolog the same data, as in the expert opinion, specified in Item 20 of these rules are stated.
33. In research part process of research and its results is stated, reasons are given to established facts. More summary of process of research unlike his statement in the expert opinion is allowed.
In conclusions of the conclusion of the specialist answers to the questions posed are stated. On each of the questions posed the pertinent answer is given or it is specified impossibility of its permission. Semantic content of conclusions shall correspond to the questions posed.
34. The conclusion of the specialist can be followed by text appendices or illustrative material in the form of the phototables, photocopies, drawings, tables, schemes, schedules illustrating the course of research and the received results. Illustrations are signed by the specialist and make sure seal.
35. The conclusion of the specialist is constituted in duplicate. The first copy goes to the applicant, the second is stored in the observation production of body of judicial examination.
36. In this Chapter the subject, research objects, levels of expert tasks, and also the list of the standard issues resolved within certain type of examination are determined. By each type of expert researches organizational and methodical recommendations about preparation of the materials represented for examination production are developed. Concerning each type of examination objects and materials which it is necessary to make available to the expert, and the questions which are subject to permission are specified.
37. Subject of judicial handwriting examination is establishment by means of special scientific knowledge of certain facts, circumstances, in case of research of hand-written documents, records or signatures.
38. Direct object of judicial handwriting examination are the handwritten texts or their parts, records which are subject to research (alphabetic or digital) and the signatures executed in regular or unusual for writing conditions, connected or not connected with intended change of handwriting in originals of documents.
39. The tasks solved by judicial handwriting examination are divided into three classes: identification, diagnostic, classification.
Identification are tasks on factual determination of availability or lack of individual identity of the specific contractor of the handwritten text, separate fragments of the text, records (alphabetic or digital) and signatures, and also factual determination of accomplishment by one or different persons of different texts, separate fragments of the text, records and signatures.
Within identification tasks the following issues are resolved:
who executes the handwritten text of the document (its name and details), And. or other person;
who executes the signature from name A., located in the researched document (its name and details, the column, line, after what word), And., or B., V.;
whom, And. or other person, executes the signature on behalf of fictional (unidentified) person located (the name and details of the document, the graph, line, after the word);
whom And. or other person executes the added separate words, figures to certain text;
whether one person executes texts, signatures in several documents or separate parts of the text in one document.
Diagnostic are tasks on factual determination of influence on the contractor unusual internal (nervousness condition, stress, disease, alcoholic intoxication, age changes and so on) and external (uncomfortable position of the writing hand, in provision reclining, the darkened room, moving transport and so on) letter conditions.
Within diagnostic tasks the following issues are resolved:
whether there are signs of unusual accomplishment in researched records and signatures in the document (the name and details);
whether the text (signature) in unusual condition or in unusual conditions is executed; person of advanced or senile age; the left hand (by the usual letter the right hand); intentionally the changed handwriting, with imitation handwriting (signature) of the particular person;
whether the handwritten text or the signature in the researched document (the name and details of the document, the graph, line, after the word) intentionally is executed by the changed handwriting.
Classification tasks are connected with establishment of belonging of handwriting of the contractor to the defined sex, age.
Within classification tasks the following issues are resolved:
person, what floor the text of the researched document is executed.
40. For successful permission of this type of examination it is necessary to observe requirements to provision of objects and samples of research.
41. In case of research of texts and records it are provided to the expert:
1) originals of the researched documents with indication of all details of each document and other its features;
2) free examples of handwriting of person concerning which questions, documents are raised at least at 10-15;
conditional and free examples of handwriting;
experimental examples of handwriting at least on 5-10 sheets.
42. For research of signatures are provided:
1) originals of documents in which the researched signatures, with obligatory specifying of their name and details, locations of signatures are located on behalf of whom they appear (full name);
2) free specimen signatures of person at least at 10-15 documents; conditional and free specimen signatures;
experimental specimen signatures at least on 10 sheets till 20-30 signatures on one leaf;
3) same quantity of free, conditional and free and experimental examples of handwriting and signatures of expected contractors.
The identification research of signatures, short and digital records without free samples is not conducted.
In case of signature research on behalf of fictional person free and experimental examples of handwriting and signatures of person - the expected contractor of the researched signature, with obligatory specifying in the resolution or determination on purpose of examination that the researched signature is executed on behalf of fictional person and provision of the document with confirmation that person on behalf of whom the researched signature appears is fictional are represented.
43. The texts and signatures executed by the expected contractor out of communication with case on which expertize is carried out, and before initiation of this case when the contractor did not assume that they will be used as comparative materials for production of judicial handwriting examination are considered as free examples of handwriting and signatures.
44. Conditional and free samples are such manuscripts and signatures which are executed after emergence of case and in connection with it (different explanations, statements, claims and other documents), but not especially for examination.
45. Experimental examples of handwriting and signatures are the texts, digital records and signatures executed on the instructions of person making inquiry, the investigator, the prosecutor or the judge especially for examination production. Experimental examples of handwriting need to be selected from dictation of or by the offer to perform any text independently. Depending on specific circumstances, in case of selection of experimental samples from dictation person making inquiry, the investigator, the prosecutor or the judge can dictate completely the text of the researched document or constitute the special text for this purpose. When for any motives contents of the researched document are inexpedient to tell person from whom examples of handwriting are taken away, constituting such text, it is necessary to include in it the words which are available in the text of the researched document.
46. In need of research of the texts executed by printing letters or special font for examination, except the samples performed by regular cursive writing the samples performed by the same font are represented. At the same time person from whom samples are taken away is not recommended to suggest to copy font from the most researched document.
In the presence of data on execution of the text the left hand, except the samples performed by the right hand it is necessary to select the samples performed by the left hand.
If person appointing examination have data that the researched document is performed in some unusual conditions (for example, inconvenient arrangement of the writing hand, moving transport and so forth), it is necessary to select samples in similar conditions and to report about it to the expert.
47. In case of research of the texts executed in languages of the people living in the territory of the Republic of Kazakhstan for examination it is necessary to direct the samples performed in that language with use of the same alphabet, as in the researched text. The researched text is shorter, the more it is necessary to represent examples of handwriting for research.
48. Experimental specimen signatures are selected on single sheets of paper till 20-30 of signatures on one leaf. Experimental examples of handwriting of expected contractors surely contain full name of person on behalf of which the researched signature is executed.
49. Free and experimental examples of handwriting, digital records and signatures correspond to the researched documents on content and form, under the terms of their execution, on quality of paper, dye, the device by the form writing, and free samples, besides, and on time of their execution.
50. Free specimen signatures of persons with not created signature, and also persons of old (senile) age and having serious illness, shall be as close as possible on execution time to the researched document.
Besides, in case of the solution of diagnostic tasks on factual determination of influence on the contractor of unusual condition (the state of health, sight condition, fatigue, chilling, intoxication, nervousness condition, stress, age changes and so on) need to be provided data on the state of health of the expected contractor (to and at the time of signing of the document), about sight condition, about age of the contractor and so on.
51. The body (person) which appointed examination checks reliability (obviousness of origin) of the free samples represented as comparative material for examination production. Reliability of free examples of handwriting and the signature is established by presentation to their person on behalf of which they are executed, and in exceptional cases (serious illness, the death of person, unknown absence) can be established by presentation to their persons who can well know handwriting, the signature of this person.
Free samples after check of the fact of their valid execution by certain person, and experimental samples after their obtaining are certified by certifying text of person appointing examination.
52. In the resolution (determination) on purpose of examination data on the known circumstances concerning examination subject are specified (conditions of accomplishment of the researched document, samples; age, condition of the contractor of the researched text (signature) at the time of their accomplishment (sitting, standing and so on).
53. Subject of judicial and technical research of documents is establishment of the actual data containing in properties of materials of the letter and in signs of details of documents, circumstances of their production about methods of modification of them, and also about objects and materials which were used for production of documents or introduction of changes in them.
54. Objects of judicial technical expertize of documents are:
documents (their details and materials);
devices for production of documents (completely or separate fragments), or for modification of earlier made documents;
substances for production of documents, or for modification of earlier made documents.
Document details – printing texts (typographical, typewritten, received on the multiple copying and computer equipment); handwritten texts (records, signatures, digital and other designations); prints of certifying printing forms (seals, stamps); pictures on documents (when there is assumption of replacement of initial picture with the image of other person) and so forth.
Document materials – document basis (paper, cardboard, other materials on paper basis); dyes of strokes and prints; excipients (glue, sealing wax); the adjusting substances (which are applied in documents to correction of technical mistakes); the substances closing separate fragments of the document (spot, lines of deletion); remaining balance of the poisoning substances if this or that fragment of the document was exposed to etching.
Devices for production of documents (completely or separate fragments), or for modification of earlier made documents – seals, stamps;
different printers (typewriters, printers, the MFP and so on), letter tools (the feathers writing nodes of ball, gel and capillary pens, pencils, felt-tip pens);
punchers, perforators.
Substances for production of documents, or for modification of earlier made documents – paper, cardboard and materials of basis of the document;
dyes which put these or those details of the document (ink, paste, printing paint, toner, typewritten tape, transfer paper);
the adjusting substances (stroke paste, white layer of special paper);
reactants, solvents which can be used for decolouration, or washing off of fragments of the document (records, prints).
55. Tasks of judicial technical expertize of documents are:
determination of method of production of the document and its separate parts;
factual determination and method of change of contents of the document;
recovery of slabovidimy and invisible records;
establishment of original form of the document;
determination of relative time of production of the document;
identification of the tools, means, accessories and materials applied to production or modification of contents of the document, and also his contractor.
56. The issues resolved by this type of examination:
1) Examination of documents with the changed initial contents of manuscript records:
whether entries in the document (the specific site is specified) were exposed to any changes – erasure, etching, dopiska of separate strokes, figures, words in the text, insert of figures, letters;
if yes, what content of initial records.
2) Examination of documents for the purpose of rebonding establishment:
Whether the picture, brand or gluing in of separate fragments of the document (sheets) was exposed to replacement.
3) Examination on establishment of contents of the filled-in, crossed out, died away and other unreadable texts:
what contents of the become colourless or died away, crossed out, stuck, filled in texts or other details of the document, the records written by invisible ink;
what contents of the text displayed in traces of pressure or in records on blotting or transfer paper.
4) Examination of the burned documents:
what content of records on sheets of the burned document;
to what document (the passport, the service record, the identity certificate) the burned sheets belong.
5) Examination of prints of seals and stamps:
what contents of the text of prints of seals, stamps in the document;
what method puts impresses of a seal, stamp in this document;
whether the print in the researched document (in several documents) is put with this seal, stamp;
whether prints are put to one cliches;
whether from one prototype the cliches withdrawn from the suspect are made;
whether there corresponds the time interval of drawing impress of a seal in the document to temporary interval of the impresses of a seal (to specify the name of organization) provided on the documents dated for (to specify the disputed years);
whether the computer equipment withdrawn from the suspect for drawing the image of print of cliche was used.
6) Examination of typewritten texts:
what type, what system, model of the typewriter on which the document is printed,
whether the typewritten text on this typewriter is printed;
on one or on different machines separate fragments of the document or several documents are printed;
what copy is the provided typewritten text and what quantity in laying of at the same time printed copies;
in one or different bookmarks the document copies performed through transfer paper were printed;
whether the text displayed on transfer paper on this typewriter is printed;
whether this typewritten tape in case of text napechataniye was applied;
whether change of contents of the document by dopechatka of separate words, letters, figures is made.
7) Examination of the documents made on the computer and multiple copying equipment:
on what type, type of the personal computer printer the document is received;
whether the text of the document on this printer is performed;
on one or different printers separate fragments of the text of the document or several documents are performed;
whether this document as the scanned original for production of the copy withdrawn from the person accused was used;
whether the computer equipment withdrawn from the suspect for receipt of the text of the document was used;
on one or different multiple copying devices copies of documents are received;
whether change of content of photocopy of the document by its installation from components of different documents is made;
whether change of contents of the document by dopechatka of separate fragments of the text is made;
whether text images of documents on these fax machines are received.
8) Examination of forms and other printed material:
what method and type of the multiplying equipment were used in case of production of this form of the document (or the literature withdrawn from the suspect);
what type printing form was applied to production of the form (set manual or linotype, stereotype, tsinkografsky cliche);
whether from one original printing forms (stereotypes) are made whether type-setting lines on specific linotype are cast, whether set by means of font of specific font cash desk of typography is constituted;
whether all documents submitted on research, literature are produced by one method;
whether from one set, stereotype, cliche the submitted documents, literature are printed;
what method stitches the book provided on research;
whether the perebroshyurovka of printing product or the block of documents created by the organization (organization) by replacement of its separate components of fragments (sheets, forms) was made;
whether literature by means of one stitching machine is stitched;
whether this stitching machine in case of production of the literature provided on research was used;
what method makes cutting of sheets;
whether this bumagorezatelny knife in case of scrap of book blocks of all provided literature was applied;
what type materials (paper, glue, leatherette) are used for production of cover, the fly-leaf, sheets of books;
whether the paper, leatherette, leatherette, glue withdrawn from the suspect are used for production of cover, the fly-leaf, internal sheets of books.
9) Examination of komposterny signs, cash register receipts and other means:
whether there are any changes of designations on cash register receipts, telegrams, prints of punchers;
if yes, that by what method they are made and what initial signs;
what type and model of cash register (telegraph) on which the checks (telegrams) provided on research are printed;
whether on this cash register (telegraph) the checks (telegrams) provided on research are printed;
whether by means of this puncher the provided prints are received;
whether on one cash register (telegraph) the checks (telegrams) provided on research are printed whether with the help of the same puncher prints are received;
10) Establishment of the chronological sequence of drawing the crossed strokes:
in what chronological sequence texts, signatures, prints of seals or stamps are executed (that was earlier and that later).
11) Examination of materials of documents:
what nature (type, sort) of dye of strokes of records (ink, paste of ball pens, pencils, transfer paper, typographical paint, stamp paint, ink, special ink, art paints, ink for felt-tip pens, gel paste for ball pens, blackened for capillary handles, ink of cartridge of the printer and other);
what writing device or adaptation (one or different) execute texts in the document (feather, ball pen, pencil, drawing pen, the printer and we designate);
whether one dye performs texts (fragments) of documents;
whether records, dopisk or signatures in the document are executed by the writing letter tool node (pencil, ball pen, drawing pen, brush) withdrawn from the suspect;
whether the text of the researched document or separate its parts is performed by ink (paste, pencil, typographical paint) withdrawn from the suspect;
whether the stamp print in the document by means of the stamp paint found in the suspect is put;
whether texts in the document by means of the same transfer paper (typewritten tape) are performed;
whether paper scraps with manuscript records or other details constituted single whole;
whether certain figures, words, letters, strokes are added after the main text of the document was performed;
what type, number and brand possesses the paper provided on research;
whether this part of leaf belongs (fragment) to the researched leaf or the document;
whether have general source of origin on method and the place of production, storage conditions, the scraps of papers provided on research (sheets, parts of sheets, fragments of documents);
what type and purpose of the glue provided on research;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.