Differential Pre-Trial for Accused Patients

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RAHMAT MOHAMMAD REZA; ASHOURI MOHAMMAD; MAHDAVI SABET MOHAMMAD ALI; SHIRI VARNAMKHASTI ABBAS

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Journal Paper

Paper Information

Journal: Medical Law Year:2019 | Volume:13 | Issue:50 Page(s): 109-132

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Information Journal Paper

Title

Differential Pre-Trial for Accused Patients

Author(s)

RAHMAT MOHAMMAD REZA | ASHOURI MOHAMMAD | MAHDAVI SABET MOHAMMAD ALI | SHIRI VARNAMKHASTI ABBAS | Issue Writer Certificate

Keywords

DifferentialQ1

Criminal Procedure CodeQ1

Patient RightsQ3

Pretrial Detention of PatientsQ1

Individualization PrincipleQ1

Initial InvestigationsQ1

Abstract

The proportionality of penalties with the personality and characteristics of convicts is one of the basic principles of many criminal systems. Nowadays, the pay attention to this principle is important in criminal procedure rules. Considering this issue in preliminary investigations is very important in the rules of criminal procedure. Objectives such as summoning, catching, accusing, interrogating and issuing custodial sentences are important issues in the preliminary investigation phase. One of the groups that require a Differential pre-trial in the research phase is the accused patients. The question that comes to mind is what the status of the patient's accused at the pre-trial stage is? Shall we consider a Differential Criminal Procedure? Does the legislator already have a Differential criminal policy in this regard? This research, evaluates the different aspects of the criminal procedure Act 2013, examines the capacity of the present law to apply a Differential criminal policy. The Criminal Procedure Act 2013, in many cases, seeks to differentiate the status of patients in the research phase. This study suggests that, with respect to the accused patients and the requirements of the criminal procedure in the preparatory phase of research, legislator should strengthen the differentiation of the procedure based on criminological teachings concurrent to the dignity of the patients.

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APA: Copy

ASHOURI, MOHAMMAD, MAHDAVI SABET, MOHAMMAD ALI, SHIRI VARNAMKHASTI, ABBAS, & RAHMAT, MOHAMMAD REZA. (2019). Differential Pre-Trial for Accused Patients. MEDICAL LAW, 13(50 ), 109-132. SID. https://sid.ir/paper/370821/en

Vancouver: Copy

ASHOURI MOHAMMAD, MAHDAVI SABET MOHAMMAD ALI, SHIRI VARNAMKHASTI ABBAS, RAHMAT MOHAMMAD REZA. Differential Pre-Trial for Accused Patients. MEDICAL LAW[Internet]. 2019;13(50 ):109-132. Available from: https://sid.ir/paper/370821/en

IEEE: Copy

MOHAMMAD ASHOURI, MOHAMMAD ALI MAHDAVI SABET, ABBAS SHIRI VARNAMKHASTI, and MOHAMMAD REZA RAHMAT, “Differential Pre-Trial for Accused Patients,” MEDICAL LAW, vol. 13, no. 50 , pp. 109–132, 2019, [Online]. Available: https://sid.ir/paper/370821/en

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