Individuals can apply for handwriting identification, and should go to a judicial authentication institution recognized by the judicial department, as long as they have authentication qualifications.
Judicial expertise refers to the activities that appraisers use science and technology or specialized knowledge to identify and judge the specialized issues involved in litigation and provide expert opinions. Handwriting identification is a kind of judicial identification. Handwriting identification is a special technology to identify the writer according to the characteristics of people's writing skills and habits, as well as the reflection in writing handwriting and painting.
The main task is to prove whether the handwriting on the documentary evidence is the same person's handwriting and whether the handwriting on the documentary evidence is the suspect's handwriting through the identification test of the same handwriting.
Handwriting identification can test not only normal handwriting, but also handwriting with changing writing conditions (including writing posture, writing tools, filling, etc.). ), deliberately camouflage handwriting (including left-handed handwriting, ruler-drawn handwriting), imitate handwriting, and draw handwriting. When the same person writes with the same pen, the characteristics of pen marks can also be used to enrich the basis for identifying the writer.
In criminal cases, judicial expertise is a means of investigation by public security organs, not only public security organs can do handwriting expertise. There are many judicial authentication institutions recognized by the Bureau of Justice, the Department of Justice and the Ministry of Justice in the society, and they can also do handwriting authentication as long as they are qualified.
Second, what are the legal principles of judicial expertise?
1, the identification subject is legal.
The judicial authentication institution must be a legal authentication institution that has obtained the right to perform judicial authentication according to the provisions of laws, regulations and departmental rules and has been examined and approved by judicial organs at or above the provincial level, or a specific authentication institution entrusted according to the prescribed procedures. The judicial appraiser must be a natural person who meets the prescribed conditions and has obtained the professional qualification license of the judicial appraiser.
2. The identification materials are legal.
Judicial authentication materials mainly refer to the object of authentication and the samples (samples) to be compared. The object of appraisal must be the special problem in the case stipulated by law, and the special problem not stipulated by law cannot be used as the object of judicial appraisal. For example, at present, China's judicial psychological measurement (commonly known as polygraph) and odor identification (police dog identification) are not legal identification objects, and their identification conclusions cannot be used as evidence. Moreover, identify the source of materials (including extraction, preservation, transportation, supervision, etc. ) must comply with the requirements of relevant laws and regulations.
3. The appraisal procedure is legal.
The legality of the appraisal procedures in the submission, decision, entrustment, acceptance, implementation, supplementary appraisal, re-appraisal and expert appraisal of judicial expertise must comply with the provisions of the procedural law and other relevant laws, regulations and departmental rules.
4 identification steps, methods and standards are legal.
The steps and methods of appraisal shall be confirmed to be effective according to law, and the appraisal standards shall conform to the national statutory standards or departmental (industry) standards.
5. The appraisal result is legal.
The legitimacy of the appraisal results is mainly manifested in the legitimacy of the judicial appraisal documents. The appraisal document must have the document format and necessary contents stipulated by law, and the appraisal conclusion must meet the evidence requirements and legal norms.
Third, how to test the handwriting of physical evidence
1, check whether the handwriting of material evidence is clear and complete and whether it meets the inspection conditions. Those who have the conditions for investigation, although the conditions for investigation are poor, should make use of the existing conditions as much as possible for identification. Those who are silent, vague and have lost the conditions for investigation are unacceptable.
2, understand the original state of physical evidence handwriting, mainly for those handwriting written directly on some objects, we need to know its original state at the scene, such as the specific location, tilt direction, handwriting size, what tools are used to write on what objects, and what the surface condition of the objects is. If necessary, we should make a field investigation.
3, understand the physical evidence handwriting itself, for checks, receipts and other evidence should know which is the perpetrator's handwriting, which is irrelevant personnel's handwriting; For photos, photocopies and other material evidence handwriting materials, it is necessary to know more about the connection, collocation and order of strokes, and some need to determine which are irrelevant traces.
4. Understand whether the handwriting of material evidence has changed in the process of extraction, photographing, packaging and transportation, and the degree and reason of the change.
5, check the number and name of physical evidence handwriting and register.
I believe that after reading the above introduction, you should know more or less that handwriting identification should pay attention to both differences and overlap, and you can't unilaterally deny one party and blindly affirm the other. The above is related to the general methods of handwriting identification, and I hope it will help you.