Technical Examination of Documents within the Scope of Polish Evidence Law

Rafał Cieśla
ISBN: 83-229-2703-7
Liczba stron: 453
Format: B5, oprawa broszurowa
Rok wydania: 2006
Nakład wyczerpany

Numerous problems in criminal proceedings can not be comprehensively discussed without a simultaneous presentation of the related forensic aspects, which concerns the issues connected with the evidence law, especially in criminal proceedings.
This work aims at discussing the most essential issues concerning the significance of technical document examination in legal proceedings.
A discussion of the issue of expertise must include the issue of evidence in its wide meaning. The presentation of the evidence from technical document examination requires discussing the position of the document and its expert examination in the system of sources and means of evidence. An essential issue is the position of document evidence and document examination evidence in the classification of sources of evidence.

 

From Introduction

  • Introduction

Chapter I. Evidence

  • Evidence in comparative view. Classification and functions of evidence. Acts of taking evidence
    • Notion of evidence, its legal characteristics
    • Basic meanings of the word “evidence”
      • A source of evidence
      • Means of evidence
  • Classification of evidence
    • Testimonial and physical evidence
    • Notional and sensual evidence
    • Direct and circumstantial evidence
    • Primary and derivative evidence
    • Certain and uncertain evidence
  • Evidential action and their kinds

Chapter II. Documents

  • Documents, notion, kinds and functions. Notion of document in Polish criminal law and forensic science
    • Notion of document
    • Notion of document in Polish criminal law
    • Notion of document in Polish criminal procedure law and forensic science
  • Types of documents
    • Primary and secondary documents
    • Official and private documents
    • Procedural and extra-procedural documents
    • Documents issued directly by a person and documents issued with the use of mechanical equipment

Chapter III. Expertise

  • Procedural and forensic issues
    • Definition of expertise
    • Subject of expertise
    • Object of expertise
    • Scope of expertise
  • Preliminary consultation of the criminal proceedings authority with the person possessing special knowledge
  • Admissibility of expert evidence
  • Supervision over expert’s qualifications
  • Components of expertise
    • Examination
    • Report
    • Visual documentation as a component of the report
    • Conclusion

Chapter IV. Selected methods of technical examination of documents and their efficiency

  • Components of a traditional document
    • Paper as the base of the document. Structure and properties of paper
      • Paper from natural fibres
      • Paper from synthetic fibres
    • Paper products and possibility of their examination
    • Protection of paper products
    • Writing materials
      • Inks
      • Ball-point inks
    • Writing materials as a kind of protection
  • Methods used in technical examination of documents
    • 2Physical-optical, spectral methods
    • Optical methods
    • Luminescence method
    • Spectral methods
      • Absorption spectra
      • Reflection spectra
      • Fluorescent spectra
      • Oscillation spectra
    • Spectroscopy in infrared ATR (Attenuated Total Reflection)
  • Use of non-destructive methods in technical examination of documents. Equipment used in nondestructive examination
    • Video Spectral Comparator
    • Raman Spectral Comparator
    • Electron Scanning Microscopy
    • Electrostatic Document Analyser
  • Examination of documents’ age. Contemporary methods used in the examination of documents’ age
    • Dating of writing materials by relative ageing. Dynamic methods
    • 4.2. Dating of writing materials by comparing with the standard; dating by detecting markers. Static methods
    • Examples of dynamic methods
      • Method examining gradual disappearance of solvent in time. Examination by means of gas chromatography (GC)
      • Method examining changes of non-volatile ink components in time. Examination by means of high-performance liquid chromatography (HPLC)
      • Examination by means of thin-layer chromatography (TLC)
      • Method measuring extractability of ink as a function in time
    • Examples of static methods
  • Value of technical examination of documents as evidence
    • Differentiation of writing materials
    • Experiments
    • Discussion of results
    • Examples of technical examination of documents

Conclusions
Literature and sources of law

Kontakt

Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.
Pl. Uniwersytecki 15
50-137 Wrocław
tel./faks 71 375 28 85
biuro@wuwr.com.pl
marketing@wuwr.com.pl

Zapisz się na newsletter