Differential Pre-Trial for Accused Patients

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.