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What is a linguistic examination? Forensic linguistic examination

Linguistic examination is a procedure based on the study of both oral statements and texts in the field of criminal and civil law, legal proceedings, as well as in case of administrative offenses.

Essence of conducting

Linguistic expertise is used to provide explanations of the origin and meaning of phrases, words, expressions, expressions and interpretations with the establishment of the meaning of the text. linguistic expertiseIn this case, we are talking about the most accurate determination of the specifics of the use of style, its methods and means with the establishment of similarity or identity with other designations of advertising texts, trademarks, slogans, commercial and company names.

Linguistic examination of the text deals with the interpretation, translation, explanation of the use of words and phrases in a particular context. The need to appoint the procedure in question often arises in the production of cases of insult, defamation, while protecting the honor and dignity of citizens, as well as the business reputation of legal entities and individuals.

Conducting a linguistic examination, for which the relevant specialists are responsible, may be relevant not only during the trial, but also for the media, publishers and legal services when conducting studies on the provided texts and other documents, for example, on identifying propaganda of drugs that are prohibited by existing legislation, and more. Such a study is carried out before handing out manuscripts for the purpose of subsequently preventing civil lawsuits, prosecuting and prosecuting.

The required level of knowledge

Special knowledge of linguistics should be used in explaining slang, vulgarisms and jargon. This is due to the fact that the usual interpretation of these expressions and words due to ambiguity is often erroneous or extremely difficult.forensic linguistic examination

A linguistic examination is necessary if the court is not entitled to decide whether a certain legal norm is violated in this case by the products of speech activity. A linguistic analysis of the formal and content side of texts and speech utterances will help establish or refute this fact by the court.

Forensic linguistic expertise solves the problem of establishing the presence or absence of some signs of extremism. These studies are conducted after the dissemination of various extremist materials by the media. With the help of such information, a negative perception is formed in relation to some religious, national groups, which creates all the conditions for incitement to illegal violent acts, and also generates social intolerance. In this case, inter-confessional and interethnic conflicts may occur. To solve such a problem, experts identify the semantic orientation in statements and texts.

Expert Requirements

In the presence of large volumes of work, linguistic examination is carried out simultaneously by several specialists. A mandatory requirement for them is the presence of a higher linguistic or philological education, as well as special training in this field of activity.

Areas for attracting expertise

Often, forensic linguistic examination is carried out as part of a criminal, arbitration, civil ilm administrative case in accordance with applicable law.

linguistic examination of the text

When an examination is appointed in a lawsuit, the result is the corresponding conclusion. When conducting studies out of court, the result is issued by a linguist in a different form.

Forensic linguistic examination quite successfully solves the problem of establishing the fact of insulting, inciting interreligious and interethnic hatred, plagiarism or slander. From judicial practice in cases related to intellectual property protection property, the conclusion of such a specialist is one of the most important arguments in proving innocence or guilt.

The need for forensic linguistic expertise arises in the activities of the competent authorities for the investigation and disclosure of crimes (insult, slander, extortion, copyright infringement).

The use of linguistic expertise in a higher level court

linguistic expertise

Often, psychological and linguistic expertise is used while participating in the Constitutional Court of the Russian Federation. In this case, as part of such research, a translation is made, the authorship of the message or text is established, plagiarism is revealed. Typical tasks to be solved in the process of conducting a linguistic examination are: checking the meaning of the text or interpretation of normative acts of different legal status. In this case, we are talking about a linguistic analysis of legislative acts of various levels, decrees, orders, orders and instructions.

An example of a linguistic examination is the examination of a text, language mark or utterance. In this case, we are talking about establishing or interpreting the semantic meaning of a business contract or business correspondence. The linguistic examination of brand names, trademarks and trademarks is responsible for establishing their originality, novelty, individuality and originality.

The main focus of the examination

The tasks of linguistic examination are to clarify, interpret the origin of words and their meanings, as well as some phraseological expressions. These studies interpret the basic and additional meaning of a language unit or a unit of written and spoken language. The interpretation of the text of the document is given when establishing options for understanding the main provisions in the framework of modern discourse. The study of verbal designations, trademarks, slogans, commercial and company names on the issue of their identity or similarity to the level of confusion with other designations. A study of fragments of the text is carried out in order to determine the semantic orientation, the expressiveness of speech units, the modality of proportions, the specificity of the stylistic techniques and means used.

Subject of examination

The subject of forensic linguistic examination are circumstances and facts that are based on studies of the laws of the functioning and existence of the language.

psychological and linguistic examination

Issues to be Solved

Linguistic expertise uses the following elements as objects: audio and video recordings, phonograms, publications in print media (newspapers and magazines), appearances in the media and the Internet, works of written and spoken language, documents, evidence and samples subject to comparative study, as well as case materials on which the examination should be carried out.

Forensic linguistic examination methods

Among the indicated methods for analyzing the text, we highlight the following: lexical, morphological, semantic, syntactic, grammatical and stylistic.

Examination in the field of sound recording involves the use of the following analysis methods: auditory, linguistic, instrumental, as well as assessment of speech culture.

Objects and materials provided for examination

When implementing a civil case, one can distinguish among the materials the original or a photocopy of the civil case. The criminal case involves the analysis of materials that are directly related to the subject of the study.example of linguistic expertise

The object of linguistic examination is a copy of any printed product (newspaper, magazine or book). For such a study, it is necessary to have a copy with data on the publication's output information. Also, the clipping of the fragment of the narrative that became the subject of the entire trial should be separately analyzed. So, if we are talking about a book or magazine (paper), and in the materials of this publication there is a suspicion of plagiarism, this copy should be sent for examination in the appropriate packaging and be sure to be sealed. When appearing in the case file video or audio recordings, it must be attached in a sealed package on a special medium.

Provision of comparative samples for examination

Linguistic examination of the text is widely used in resolving issues such as establishing copyright in relation to the disputed text or a piece of intellectual property. All samples that are sent for research must comply with the established quality.

ram linguistic examinationThe type of expertise studied in detail by many researchers. So, as an example, A. N. Baranov (“Linguistic examination of the text”) presented his work. In this manual, the author paid special attention to a completely new area of ​​applied linguistics, where methods are developed that allow you to analyze the text with a definition of what is meant or said in it.

Conclusion

Summing up the above material, we note that linguistic examination is a rather effective tool in any legal process, allowing to determine the reliability of the text being checked. This procedure is an important element in resolving many disputes.


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Irina
You know, nowadays I consider the possibility of an independent examination one of the main advantages. With the advent of the Internet, copyright issues have ceased to interest those who create sites. They simply "rip off" (sorry for such an emotional word) other people's texts and pass them off as their own. Long sued one regional newspaper, which published my poems. They not only did not inform me - the author - of the publication, but also when I learned about it through my friends, they began to assure me that I was not an author, and that the poems were written by completely different people. I had to torment, it came to court. Thanks to the company that held the highest level of authorship. I won the trial, but my nerves were pretty bad. People! Fight for your rights, do not stop and do not give in to arrogance! Now there are ample opportunities to prove your case!
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