Validation of the methodology of forensic investigation of handwritten implementations made in Chinese hieroglyphic script
The article deals with topical issues related to forensic handwriting studies of handwritten implementations performed in foreign languages. The needs of modern practice are identified, correlating with the increasing role of international cooperation, the intellectual nature of the crimes committed, and their cross-border nature. As one of the measures to improve the work of handwriting experts, the scientific work of the team of authors "Handwriting and handwriting expertise: a method of forensic handwriting identification examination of manuscripts made in Chinese hieroglyphic script" edited by M.V. Bobovkin, which is a modified private methodology, is considered. In accordance with the requirements of the international standard ISO/IEC 17025:2019, a new or modified methodology must be validated. Taking into account the features of the developed methodology, the purpose (subject of verification), the participants in this process are indicated, and validation methods are proposed.
Keywords: validation, standardization, forensic handwriting expertise, forensic expert activity.
The current state of forensic handwriting makes it possible to solve a wide range of identification and diagnostic tasks. The main objects of research are handwritten texts and signatures. It is well known that the formation of Russian handwriting falls at the beginning of the XX century, which developed in the key of the study of Russian writing. The Cyrillic alphabet became the graphic prototype of the Russian norms of writing, therefore, already in the 60 - 70s. handwriting experts of the last century had some methodological arsenal for studying the written signs of the language of the Union republics, which are based on Cyrillic script. During the same period, methodological recommendations for the handwriting study of Latin script were generated, and the foundations were laid in the field of research on manuscripts written in the languages of the Kartvelian and Indo-European groups (Georgian, Armenian dialects). However, the needs of Soviet criminology in the field of handwriting research of handwritten implementations made in foreign languages were small at that time, which is probably why a number of methodological developments in this field remained in oblivion. For example, L.A. Vinberg and M.V. Shvankova in their joint work pointed out that "the incompetence of an expert in solving certain issues may be revealed. For example, a manuscript written in hieroglyphs"<1> was submitted for research. This approach has remained relevant for almost half a century. However, our society is currently at the peak of globalization and international integration, which, of course, affects all spheres of life, including the nature of criminal acts, which are increasingly intellectual, cross-border in nature. Actively developing international economic cooperation also entails a serious flow of litigation in the field of civil law relations. Criminologists of state expert institutions, as well as forensic experts of non-governmental expert organizations, are increasingly faced with requests from investigative and judicial authorities for identification research of handwriting implementations made in a foreign language. With the increase of this trend, some experience has developed in adapting the general qualitative and descriptive methodology of forensic handwriting examination to manuscripts and signatures made in foreign languages.
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<1> Vinberg L.A., Shvankova M.V. Handwriting expertise: Textbook for universities of the Ministry of Internal Affairs of the USSR / Ed. by R.S. Belkin. Volgograd, 1977.
From a practical point of view, Russian experts do not find it difficult to study the signatures of letter-free transcription performed by citizens of another state or native speakers of a foreign language. As is known, a signature in forensic handwriting examination is defined as a handwritten full or partial graphic outline of the letters of the surname, first name, patronymic of a particular person or a conditional graphic image in the form of symbols, elements, strokes applied to a document for authentication purposes. Thus, based on the specifics of the object of research itself, if the signature of a foreign citizen is a letter-free transcription, then it is possible to conduct a full-fledged study, without focusing on the standards of the norms of writing the language of the person being checked.
Hypothetically, it is possible to conduct a handwriting examination of manuscripts written in the Latin alphabet based on a general methodology. As E.S. Dubovik quite correctly notes, "many Cyrillic and Latin letters are similar in their spelling: "Aa", "Bb", "Ss", "Her", "Kk", "Oo", "Uu" - "Ai", "Xx", etc." <2>. With a slight adjustment of traditional approaches, the effectiveness of identification studies in relation to handwritten texts based on Latin script can be quite high.
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<2> Dubovik E.S. The current state of forensic research of handwritten texts made in foreign languages // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2013. N 2(58).
Handwriting objects made in Chinese hieroglyphic script deserve special attention. With the successful development of bilateral foreign economic relations between our state and the People's Republic of China, such graphic implementations have increasingly begun to be submitted for research to professional expert organizations in Russia. Until now, "other" writing has been particularly difficult for Russian handwriting experts, and, as statistics show, most of the conclusions on such examinations are given in the form of "NIP" (it is not possible to establish) <3>.
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<3> Bobovkin S.M., Chetverkin P.A. Methodological foundations of forensic handwriting identification examination of Chinese hieroglyphic manuscripts: possibilities of implementing an integrated approach // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2020. N (6). pp. 197-203.
In 2020, a team of authors under the responsible editorship of M.V. Bobovkin, Doctor of Law, Professor, published the work "Handwriting and handwriting expertise: methods of forensic handwriting identification examination of manuscripts made in Chinese hieroglyphic script". This tutorial was expected among the members of the expert community and aroused positive interest not only among forensic scientists, but also among expert practitioners. The work systematizes the theoretical, organizational and methodological foundations of the forensic study of manuscripts written in hieroglyphic script. For the first time, at the scientific and theoretical level, not only the conceptual foundations and principles of Chinese writing are considered, but also the general provisions of the methodology of forensic handwriting identification examination for such handwritten implementations are developed. The characteristics of not only general, but also particular signs of hieroglyphs are given, the features of conducting a study for the presence or absence of identity are described in detail. As already noted, for handwriting experts, this methodological guide is a kind of breakthrough, which makes it possible to competently substantiate and objectify the process of conducting an examination of hieroglyphic writing.
From the point of view of the structure of methodological support for forensic handwriting examination, the identification examination of manuscripts made in Chinese hieroglyphic script, edited by Professor M.V. Bobovkin, is a private technique that differs not only in its relevance, but also in its novelty.
It is known from the author's work experience that private, specific techniques, methods, even with the necessary scientific base, can cause questions of distrust among people without special knowledge. As a rule, when applying an unfamiliar technique, the expert invited to the interrogation answers the following questions: by whom the technique was tested, by whom it was recommended for practical use, in which methodological and regulatory documents the results of the approbation are contained, etc. Even 10 - 15 years ago, such questions rarely became the subject of procedural interest. Now, in the absence of state standards of methodological support, the increasing principle of competitiveness of the parties, and a high level of awareness of the participants in the process, adequate measures are required to improve forensic expertise.
In the light of the adaptation of the requirements of the international standard ISO/IEC 17025:2019 "General requirements for the competence of testing and calibration laboratories" to the realities of forensic expertise in the Russian Federation, forensic handwriting identification examination of manuscripts made in Chinese hieroglyphic script is a modification of the traditional qualitative descriptive methodology. Based on the provisions of the standard, such a technique must be validated. Giving the new methodology "legal force" will allow it to be applied by judicial experts of various departments, institutions and organizations within their competence.
In accordance with the ISO/IEC 17025:2019 standard, the main purpose of validation is to confirm and demonstrate that the method being tested fulfills the requirements imposed on it in terms of solving specific intended tasks.
The method of forensic handwriting identification examination of manuscripts made in Chinese hieroglyphic script is a qualitatively descriptive complex technique. Following the recommendations of the International Organization for Laboratory Accreditation (ILAC) <4>, developed for forensic organizations based on the ISO/IEC 17025 standard, validation of this technique should include the following methods or combinations thereof:
- training and admission of handwriting experts: first of all, we are talking about the subject's special knowledge in the field of handwriting, special education and current admission to the right to conduct forensic handwriting examination. Since the considered private methodology has its own specifics and a number of its own features, it is necessary to train experts with quality control of the acquired skills and the effectiveness of their application;
- training of specialists in the field of linguistics of Chinese hieroglyphic writing to work in the field of forensic examination: in order to optimize the work of the commission, the training of specialists in the field of linguistics should concern not only the theory of forensic examination, but also the conceptual foundations of judicial handwriting. Despite the fact that an expert linguist has his own tasks (translation of what is written, definition of writing style, assistance in selecting comparative material, etc.), without understanding the main subject of research, collegial work may not be effective enough;
- determination of the repeatability and reproducibility of the results obtained with the involvement of other independent specialists and their rotation in commissions. Repeatability, as one of the validation parameters, assumes the accuracy of the results when the technique is repeatedly applied over a certain period of time under the same conditions. Reproducibility is an equally important element of validation of a qualitative methodology, which consists in the degree of proximity of the results obtained for similar objects, but under different conditions;
- periodic control of the competence of experts through blind tests using experimental research objects: the competence of personnel is of particular importance in validating qualitative (subjective) methods. The instructions of the International Organization for Laboratory Accreditation (ILAC) on the use of the ISO/IEC 17025 standard declare that each forensic unit must have regulations guaranteeing the competence of all personnel to perform special work. One of the most effective methods of personnel verification is testing, in which objects and samples are submitted to the inspected expert for examination in a planned (working) manner, which are experimental, with results known to the supervisory commission;
- interlaboratory verification of results: an objective way to verify the operability of a technique, the essence of which is to set identical tasks and use the same tools to solve them, but by experts from different laboratories.
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<4> 2. ILAC-G19:08/2014 "Modules in a Forensic Science Process". Silverwater: NATA, 2014.
It is advisable to identify the validation participants. As stated by N.S. Alekseev in his introductory article to the book by Yu. Thorwald's "Criminalistics Today", published in 1980, "it should also be emphasized the fundamental difference in the organization of expert research of evidence in our country (in comparison with capitalist states) - planned training of specialists, a unified state system of expert institutions, a unified scientific and methodological guidance of such institutions, allowing for the rapid introduction of new research methods into expert practice" <5>. The quote vividly illustrates the transformation of the sphere of domestic forensic expertise. In the vector of its modern development, there is a desire for international standards, and if in 1980 the issue of validation participants would have been resolved unambiguously, then on the basis of the 2014 version of the instructions ILAC-G19:08/2014 "Modules in the forensic expert process", validation of methods can be carried out by both scientific communities and forensic expert units (when developing your own methodology or modifying a well-known one). Thus, there is no division into state and non-state validation procedures.
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<5> Alekseev N.S. Introductory article // Torvald Yu. Criminalistics today: the development of forensic serology / Trans. from German. M.: Legal literature, 1980. p. 6.
The use of these parameters in the validation plan will allow you to check the practical efficiency of the methodology. The collaboration of state and non-state professional organizations in conducting interlaboratory comparisons of results and professional testing will expand the possibilities of effective validation of forensic handwriting identification examination of manuscripts made in Chinese hieroglyphic script. It is necessary to note the importance of validation documentation, which, as a rule, is drawn up in the form of protocols with the conclusion of the commission. The validation results can be used not only by the laboratory that conducted it, but also by other expert units based on the received documentation.
