Legal Framework

Calligraphic expert evidence is regulated by Criminal Prosecution Law (Spain), in articles 456a to 485. An additional article, 606, states the following: “The comparison of characters in handwriting can be requested of the prejudiced that denies to furnish such material, or that public documentation whose authenticity or substance is in doubt and is not able to be recognised by the civil servant who expedited said documentation. Such a comparison will be carried out by a calligraphic expert subject to the fifth paragraph of this section.”  

VALORATION OF EVIDENCE 

Calligraphic expert evidence will serve the judicial organ in assisting in the resolution of disputed material, but said judicial organ will not be subject to the conclusion(s) arrived at by the calligraphic expert. Such a determination made by the calligraphic expert is not obligatory accepted by the tribunal. This depends upon what is known as “freedom of proof”, the basic technical elements of proof and the conclusion(s) presented by the calligraphic expert in his/her report.

It is also correct to say that in practice, the judge needs to base his/her decisions on the proofs and evidence to arrive at the facts. The judge frequently may only possess one piece of evidence on which to arrive at a verdict and dictate a sentence and that the conclusions presented by a calligraphic expert may be the only said evidence.