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The forensic expertise of handwriting in crime investigation - doctor degree thesis in law


Author: COSTEA Mihai
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2023
Scientific adviser: Gheorghe Golubenco
doctor, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 24 March, 2023 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.78 Mb / in romanian

Thesis

CZU

Adobe PDF document 5.05 Mb / in romanian
201 pages


Keywords

graphoscopy, expert, document, Xerox, handwriting, signature, graphic expertise, crime investigation

Summary

Structure of the thesis: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 202 titles, 13 annexes, 167 pages of basic text. The obtained results are published in 10 scientific works.

The sphere of study, purpose and the objectives of the doctoral dissertation. The present dissertation deals with the judicial expertise and has as a purpose the elaboration of some juridical, tactical, organisational and methodological measures and recommendations regarding the investigation of manuscript documents, in order to improve the processual-criminal legislation, the graphoscopic doctrine and the practice of judicial expertise in Romania and the Republic of Moldova.

Its objectives are: to analyse the historical process of development of the technical-forensic research of handwriting; to analyse the scientific materials related to the topic of the thesis; to formulate the notion of document and its requisites; to highlight the main rules of processual-administrative examination of documents at the crime-scene; to systematize and interpret the object, system and methods of the judicial graphology as part of the forensic technique; to establish the object, the objectives and the theoretical and methodological bases of the graphic expertise; to underline the main problems the modern theoretical and practical handwriting and signature expertise has to face and suggest solutions to these problems; to formulate the notion and classify the particularities of signature investigation; to elaborate suggestions regarding obtaining comparing samples for the graphic expertise; to specify and analyse some particularities of the drafting and evaluation of the graphic expertise report.

The scientific novelty and originality. The thesis represents one of the first complex, monographic research in the Romanian speakers space, thus serving as support in creating theoretical bases, methods and recommendations to improve the processual, tactic and organisational framework of the preliminary examination and expertise of manuscripts, an algorithmic guide of selecting comparative sample signatures for the judicial graphic expertise. The thesis originality consists in the argumentation of the necessity of changing the pattern of the notion of the graphic expertise into graphic expertise and technical examination.

The obtained results that contribute to the resolving of an important scientific problem consist in the complex research of the processual-tactical and methodological framework of the forensic expertise of handwriting, which emphasizes the major role and value of the juridical graphoscopy, through a range of legislation recommendations and the elaboration of an algorithmic guide, in order to improve and facilitate the process of crime investigation.

The theoretical significance consists in the development of the graphic expertise doctrine taking into consideration the positive experience in this domain and the changes of modern handwriting.

The practical value of the work consists in the increase of the graphic expertise quality, optimisation of crime investigation activities, especially economical crimes. The implementation of scientific results is attested in the form of a theoretical-practical guide in the activity of the Romanian Forensic Association, CNEJ Republic of Moldova, the Independent Centre of Expertise of Moldova (BAEJ ”CEXIN”) as well as in the form of scientific-didactic material meant to improve the educational process at the law faculty of ULIM.