The imposition of punishment based on cumulative sentences is related to the time limits for a person to commit a new crime: the rules on sentencing based on cumulative sentences are applied if a new crime was committed after the court announced one conviction against this person (Article 310 of the Code of Criminal Procedure) (regardless of its entry into force ) and until he completes his sentence under such conviction.
If a new crime is committed before the pronouncement of the verdict, then this forms a cumulative crime; If a new crime is committed after the full serving of a sentence under one sentence and before the expiration (removal) of a criminal record, then this in a number of cases can serve as a basis for establishing a recidivism of crimes.
First, the court imposes a new sentence for a newly committed crime. If, after the pronouncement of a guilty verdict against a person, he has committed several crimes, then, having imposed punishment for each crime separately, the court, before imposing punishment for the aggregate of sentences, assigns a punishment for these newly committed crimes for the aggregate of crimes.
Next, the court determines the unserved part of the sentence under the previous court verdict, i.e. establishes what amount (term) of punishment must still be served by the convicted person; at the same time, the size (term) of the unserved part of both the main and additional types of punishment is established.
The next step is to determine the option of imposing the final punishment based on the totality of sentences. The law gives the court the right to either fully or partially add up the punishment for two sentences.
The actual assignment of punishment based on the totality of sentences: to the punishment imposed under the last sentence, in accordance with the addition option chosen by the court, the unserved part of the punishment under the previous sentence is partially or completely added.
General provisions
We are talking about cases when a person convicted of a crime re-offends the law without having yet served his previously received sentence. In such situations, the cumulative order is applied, in which a new sentence is added to the previously imposed preventive measures. The Criminal Code of the Russian Federation allows for both full and partial addition of punishments. What most often happens is that a new sentence is added to the unserved portion of the previous sentence.
One of the following penalties may be used as an unserved sentence:
- deprivation of liberty;
- suspended sentence;
- early release under amnesty;
- the presence of a deferment under Article 82 of the Criminal Code of the Russian Federation (applies to pregnant women and persons with children under 14 years of age).
Addition of sentences can occur according to the following rules:
- the new punishment is added to the suspended sentence;
- a new sentence is added to the unserved sentence;
- the new term is added to the remainder of the sentence that was forgiven upon parole.
If the sentence passed on a previous crime has not taken effect, but the convicted person has repeatedly violated the law, his case will also be considered under Article 70 of the Criminal Code of the Russian Federation.
If a citizen has committed a crime again, this indicates that the previous preventive measures were insufficient. Accordingly, the judge has the right to bring the attacker to the maximum extent of responsibility determined by the totality of sentences. At the same time, he cannot apply to the criminal a punishment corresponding to a more serious crime, because the absorption of one sentence by another is not applicable in this case.
To determine the appropriate punishment for the attacker, the judge must be guided by the following rules:
- Partial addition of terms is possible if the crimes committed differ significantly in severity. Accordingly, one punishment will significantly exceed the other.
- Complete addition is permissible only if the attacker has committed crimes of a similar nature.
If the court establishes the maximum penalty for the accused for the most serious crime committed, then such a decision will be considered unlawful. Subsequently, the convicted person will be able to challenge it.
How to write a term paper on speech therapy
07.09.2010 262614
These guidelines are compiled to help students gain an understanding of the content and structure of coursework in speech therapy.
Logopedia of pedagogical science that studies anomalies of speech development with normal hearing, explores the manifestations, nature and mechanisms of speech disorders, develops the scientific basis for overcoming and preventing them means of special training and education.
The subject of speech therapy as a science is speech disorders and the process of training and education of persons with speech disorders.
The object of study is a person suffering from a speech disorder.
The main task of speech therapy as a science is the study, prevention and elimination of various types of speech disorders.
Coursework in speech therapy is a student's scientific and experimental research. This type of educational activity, provided for by the educational and professional program and curriculum, contributes to the acquisition of skills in working with literature, analyzing and summarizing literary sources in order to determine the range of insufficiently studied problems, determining the content and methods of experimental research, processing skills and qualitative analysis of the results obtained. The need to complete coursework in speech therapy is due to the updating of knowledge concerning the content, organization, principles, methods and techniques of speech therapy work.
As a rule, during their studies, students must write two term papers - theoretical and practical.
The first course work should be devoted to the analysis and synthesis of general and specialized literature on the chosen topic. Based on this analysis, it is necessary to justify and develop a method of ascertaining (diagnostic) experiment.
In the second course work, it is necessary to provide an analysis of the results obtained during the ascertaining experiment, as well as determine the directions and content of speech therapy work, and select adequate methods and techniques of correction.
So, let’s present the general requirements for the content and design of coursework in speech therapy.
The initial and most important stage of working on a course project is the choice of a topic, which is either proposed by the supervisor or chosen by the student independently from a list of topics that are consistent with the areas of scientific research of the department.
Each topic can be modified, considered in different aspects, but taking into account a theoretical and practical approach. Having chosen a topic, the student needs to think through in detail its specific content, areas of work, practical material, etc., which should be reflected both in the formulation of the topic and in the further construction of the study. It should be recalled that the chosen topic may not only have a purely theoretical orientation, for example: “Dysarthria. Characteristics of the defect”, “Classification of dysgraphia”, but also take into account the practical significance of the problem under consideration, for example: “Speech therapy work on speech correction for dysarthria”. It should also be taken into account that when formulating a topic, excessive detail should be avoided, for example: “Formation of prosodic components of speech in preschoolers of the sixth year of life attending a preschool institution for children with severe speech impairments.”
The course work includes such mandatory parts as: introduction, three chapters, conclusion, bibliography and appendix.
The text of the term paper begins with the title page . An example of its design can be seen here.
Then the content of the work is given, in which the names of chapters, paragraphs, and sections are formulated in strict accordance with the content of the thesis. An example of its design can be seen here.
In the text, each subsequent chapter and paragraph begins on a new page. At the end of each chapter, the materials are summarized and conclusions are formulated.
The introduction reveals the relevance of the problem under consideration in general and the topic being studied in particular; the problem, subject, object, and purpose of the study are defined. In accordance with the goal and hypothesis, objectives and a set of research methods aimed at achieving the objectives must be defined.
The relevance of the topic lies in reflecting the current level of pedagogical science and practice, meeting the requirements of novelty and usefulness.
When defining the research problem, it is important to indicate what practical tasks it will help to implement in training and educating people with speech pathology.
The object of research is understood as certain aspects of pedagogical reality, perceived through a system of theoretical and practical knowledge. The ultimate goal of any research is to improve this object.
The subject of research is some part, property, element of an object, i.e. the subject of research always indicates a specific aspect of the object that is to be studied and about which the researcher wants to gain new knowledge. An object is a part of an object.
You can give an example of the formulation of the object, subject and problem of research:
– The object of the study is the speech activity of preschool children with phonetic-phonemic speech disorders.
– The subject of the study is the features of intonation speech of children with phonetic-phonemic speech disorders.
– The research problem is to determine effective directions for speech therapy work on the formation of intonation expressiveness of speech in the system of correctional intervention.
The purpose of the study contributes to the specification of the object being studied. The goal of any research is to solve a specific problem. The goal is specified in tasks taking into account the subject of research.
The research objectives are formulated in a certain sequence, which determines the logic of the research. The research objectives are set on the basis of a theoretical analysis of the problem and an assessment of the state of its solution in practice.
The first chapter is an analysis of literary sources, which examines the state of this problem in historical and modern aspects, and presents the most important theoretical principles that formed the basis of the study.
When writing the first chapter, you should pay attention to the fact that the text of the course work must be written in a scientific style. When presenting scientific material, it is necessary to comply with the following requirements:
– Specificity – a review of only those sources that are necessary to disclose only a given topic or solve only a given problem;
– Clarity – which is characterized by semantic coherence and integrity of individual parts of the text;
– Logicality – which provides for a certain structure of presentation of the material;
– Reasoning – evidence of thoughts (why this and not otherwise);
– Precision of wording, excluding ambiguous interpretation of the authors’ statements.
A literary review of the state of the problem being studied should not be reduced to a consistent presentation of literary sources. It should present a generalized description of the literature: highlight the main directions (currents, concepts, points of view), analyze in detail and evaluate the most fundamental works of representatives of these directions.
When writing a work, the student must correctly use literary materials, make references to the authors and sources from which the results of scientific research are borrowed. Failure to provide required references will reduce your coursework grade.
As a rule, in coursework on speech therapy, references to literary sources are formatted as follows: the number of the cited source in the general list of references is placed in square brackets. For example: General speech underdevelopment is a speech pathology in which there is a persistent lag in the formation of all components of the language system: phonetics, vocabulary and grammar [17].
When using quotations, in square brackets, in addition to indicating the source number, the page number from which this excerpt is taken is indicated, for example: Speech rhythm is based on a physiological and intellectual basis, since, firstly, it is directly related to the rhythm of breathing. Secondly, being an element that performs a communicative function, “correlates with meaning, i.e. controlled intellectually” [23, P.40].
However, course work should not be of a purely abstract nature, so you should not abuse the unreasonable abundance of citations. Quoting should be logically justified, convincing and used only when really necessary.
In the second chapter , devoted to experimental research, the organization should be described and the program of the ascertaining experiment should be presented. The survey methodology, as a rule, consists of a description of several series of tasks, with detailed instructions, visual and lexical material, the procedure for completing tasks by experiment participants, and scoring criteria. This chapter also provides a qualitative and quantitative analysis of the results obtained.
When analyzing the results of an experiment, it is necessary to use a scoring system. Examples of various criteria for quantitative and qualitative assessment are presented in the following works:
– Glukhov V.P. Formation of coherent speech in preschool children with general speech underdevelopment. - M.: Arkti, 2002. - 144 p.
– Fotekova T.A. Test methodology for diagnosing oral speech of primary schoolchildren. - M.: Arkti, 2000. - 56 p.
– Levchenko I.Yu. Pathopsychology: Theory and practice. - M.: Academy, 2000. - 232 p.
In order to visually present the results obtained during the experimental study, it is recommended to use tables, graphs, diagrams, etc. Histograms can be used in a variety of ways - columnar, cylindrical, planar, volumetric, etc. An example of the design of tables, figures, and histograms can be found here.
The third chapter provides a rationale for the proposed methods and techniques and reveals the content of the main stages of correctional work.
The conclusion contains a summary of the material presented and the main conclusions formulated by the author.
The bibliography must contain at least 25 sources. The list includes bibliographic information about the sources used in preparing the work. An example of its design can be seen here.
In the application you can present bulky tables or illustrations, examination protocols, observation records, products of activity (drawings, written works of children), notes from speech therapy classes, etc.
The volume of one course work must be at least 30 pages of typewritten text.
In general, coursework in speech therapy is the basis for a future thesis, in which the study of the begun problem can be continued, but from the standpoint of a different approach or a comparative analysis of the disorders being studied in different age categories of people with different types of speech disorders.
The content and format of theses in speech therapy can be found here.
Literature:
1. How to write a term paper on speech therapy: Methodological recommendations. Educational and methodological manual / Comp. Artemova E.E., Tishina L.A. / Ed. Orlova O.S. – M.: MGOPU, 2008. – 35 p.
2. Research work of students in the system of higher professional pedagogical education (specialty 031800 - Speech therapy). Methodological recommendations for completing the thesis / Compiled by. L.V. Lopatina, V.I. Lipakova, G.G. Golubeva. - St. Petersburg: Publishing house of the Russian State Pedagogical University named after. A. I. Herzen, 2002. - 140 p.
How is the final punishment determined based on the totality of sentences?
When determining the preventive measure based on the totality of sentences, the judge must be guided by the provisions of Article 70 of the Criminal Code of the Russian Federation. It states the following:
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- The measure of restraint determined by the last court verdict is partially or completely added to the unserved part of the punishment received by the attacker earlier.
- The final punishment must be greater than the unserved sentence for the previous crime and the punishment for the newly committed criminal act.
- If the final sentence involves imprisonment, the maximum term of imprisonment should not exceed 30 years.
- If we are talking about adding up fines, then the final amount of the penalty cannot exceed the limit established for a specific type of crime.
- The terms of correctional work can be added up in full.
The term of serving the sentence for the totality of sentences begins from the date of the last court decision.
Population limits
In Art. 70 of the Criminal Code specifies the maximum period for which a person can be sentenced to imprisonment. It is 30 years (Part 4 of Article 56).
This means that a person who has not served a previous sentence of 15 years and who is sentenced to 20 years in prison for a new act cannot be subject to the rule of full addition of sanctions. Otherwise, the final term will be more than 30 years.
At the same time, Art. 70 of the Criminal Code establishes that the final punishment must exceed both the unserved part and the amount of the new sanction.
What types of punishments can be imposed based on the totality of sentences?
When rendering a final verdict, the judge may choose one of the following preventive measures for the accused:
- Fine. The total amount of the penalty should not exceed five million rubles.
- Termination of a title, award or rank.
- Deprivation of the opportunity to engage in a certain type of activity. If this is the main punishment, then the maximum term is 5 years. If such a restriction is used as an additional preventive measure, it can be assigned for no more than 3 years.
- Restriction of freedom. The maximum period is 4 years.
- Limitation of promotion in military service (no more than two years).
- Mandatory work. With a total of sentences, a convicted person can receive a maximum of 480 hours of compulsory labor.
- Correctional labor – up to two years.
- Deprivation of liberty. Such punishment may involve a certain period or be imposed for life. The total term of imprisonment cannot exceed 30 years.
Conditions
Application of Art. 70 of the Criminal Code is allowed if:
- The punishment (main or additional) under the previous decision has not been served.
- When committing a new act during the suspended sentence.
- A deferment of serving a sentence was granted to a man who is the only parent of a child under 14 years of age, a woman who is pregnant or has minor dependents.
If the accused has committed several crimes
In this case, several criminal acts are combined in one criminal case. The final decision process takes place in two stages:
- A preventive measure is determined for each of the crimes committed.
- Determining the final punishment by adding together several sentences. Both complete and partial addition are allowed. In the latter case, the new sentence should not be less than the unserved sentence.
The totality of crimes is an aggravating factor. Accordingly, the attacker should receive a more severe punishment.
Differences between cumulative sentences and multiplicity of crimes
Cumulative sentencing is a concept that arises when a crime is committed by a person who is already serving a sentence for another criminal act. If a citizen has not previously been brought to justice, but has committed several criminal acts in a row, then we are talking about a plurality of crimes. This concept is enshrined in Article 12 of the Criminal Code of the Russian Federation.
We can talk about a set of crimes in the following situations:
- the attacker committed two or more illegal acts without having previously been convicted of any of them;
- an action or inaction that contains signs of criminal acts enshrined in two or more articles of the Criminal Code of the Russian Federation can be recognized as a set of crimes.
There is no totality of crimes if criminal liability for the committed act occurs according to general and special norms. In this case, the court should be guided only by a special rule.
Differences
The legislator does not dwell in detail on how to distinguish between the options under consideration by the institution of criminal law.
In fact, several verdicts and actions may overlap along with the time of implementation of the criminal offense. For practical purposes, the possible differences between these options should be considered in detail. The only similarity between these groups is a circumstance that fully allows for aggravation of the position of the guilty citizen. Speaking about the differences between the institutions under consideration, the following aspects are defined here:
- Absorption of one means of coercion by another. When a strict punishment absorbs a more lenient one, which aggravates the position of the guilty citizen, then only a combination of acts can act. The combination of court decisions does not allow this method.
- Maximum prison sentence. No matter how many attacks there are, the number of offenses does not allow a person to be imprisoned for more than twenty-five years, and the totality of verdicts does not allow for more than thirty years.
- Actions that do not pose a serious danger. For verdicts, the principle of full or partial addition of punishments applies; there can be no absorption, even if we take into account that the law does not provide for imprisonment. Several attacks, on the contrary, allow absorption, and not in favor of the guilty person, but in the direction of aggravating the position of the culprit.
- The moment of committing a dangerous attack. As mentioned earlier, this is the main difference between the two mentioned institutions. The point is that the convicted person again resorts to criminal acts, forming a combination of verdicts, but if the person was not even brought in as a suspect, but has already committed several acts at once, then this is plurality.
The criteria for differentiation in such a situation are the severity of the offense committed, the type of punishment provided for it, and the time the offense was committed. In this case, all conditions for a legal verdict must be met.
When talking about which institution requires a more stringent measure of influence, it is necessary to clarify the essence of the aggregate. The combination of court verdicts ultimately leads to more stringent means of coercion and influence, since the person was not amenable to correction, and the preventive function was also not properly implemented. However, these factors can cause a combination of criminal attacks, which also affects the severity of the consequences of such actions.
Thus, the presence of such an institution as an aggregate, that is, the combination of several court decisions to determine a specific punishment, is provided for in the case when a person, having not served the previous measure of influence, again encroaches on public relations.
At the same time, it is imperative to remember the presence of this type of multiplicity, such as the combination of crimes, and to determine the distinctive features of these institutions for the correct qualification of a citizen’s actions and the appointment of restrictive measures.
