Announcement of Verdict Due to Non-Compliance with the Suspended Sentence Decision
1. Introduction: The Place of the Suspended Sentence Institution in Law
In criminal procedural law, a delicate balance must be struck between protecting society's sense of justice and reintegrating the individual into society. One of the most important institutions that achieves this balance the Suspension of the Announcement of the Verdict (HAGB). This institution prevents the immediate announcement of a conviction, giving the defendant a chance to prove themselves within a specific probationary period. If the specified obligations are fulfilled within this period, the case is dismissed, and the defendant faces no criminal consequences.
However, it should not be forgotten that a suspended sentence is a "chance." This chance only yields a lasting benefit if the obligations are fulfilled. Otherwise, if the defendant commits a new crime or acts contrary to the specified obligations , the court will pronounce the previously established conviction. This process is called "pronouncement of the verdict due to non-compliance with the suspended sentence. "
2. Legal Basis of Suspended Sentence
Sentence in Article 231 of the Code of Criminal Procedure . According to this article, in cases of imprisonment of two years or less, and judicial fines, the court may suspend the announcement of the verdict under certain conditions. This decision is a favorable practice for the defendant; because if the defendant completes the probation period without incident, the sentence is not applied at all and is not recorded in their criminal record.
However, the same article also reveals that this possibility is a "conditional right." That is, if the defendant does not comply with the conditions imposed by the court, the suspended sentence is revoked and the verdict is pronounced.
3. Inspection Period and Obligations
3.1. Length of Inspection Period
According to the law, the probation period is 5 years. During this period, the defendant must refrain from committing any intentional crime and comply with the obligations determined by the court.
3.2. Scope of Obligations
The court may impose various obligations on the defendant, taking into account their personal circumstances:
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To compensate the victim for their losses
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To pursue a specific profession or educational program,
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Working for free in a public service job,
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Avoiding going to certain places or meeting certain people.
These obligations aim to reintegrate the defendant into society.
4. Cases of Non-Compliance with the Suspended Sentence Decision
4.1. Committing a New Intentional Crime
If the defendant intentionally commits a new crime during the probation period , the court has no discretionary power. The verdict is announced immediately. This is because the fundamental philosophy of the suspended sentence is based on the assumption that the defendant will not commit another crime.
4.2. Breach of Obligations
If the defendant violates the obligations imposed on them, the court will make an assessment. For example, this includes situations such as the defendant failing to compensate the victim for damages, failing to participate in an educational program, or failing to perform public service work. In this case, the court may either pronounce the verdict or give the defendant another chance by extending the probation.
5. The Process of Announcing the Verdict
If the defendant fails to comply with the obligations or commits a new offense:
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The prosecutor reports the situation to the court.
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The court convenes and hears the defendant.
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After the defendant's defense is heard, the previously established conviction is announced.
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This ruling is now final and the execution phase begins.
The crucial point is this: the verdict is already established the moment the suspended sentence is given; it has simply not been announced. Therefore, in case of a violation, a new trial is not held; the existing verdict is announced.
6. The Approach of the Supreme Court
According to Supreme Court rulings:
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The court has no discretionary power if a new crime is committed; the verdict must be announced.
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If obligations are not fulfilled, the court must provide a reasoned assessment. A decision to "announce the verdict" without providing a reason is unlawful.
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If a verdict is announced, the defendant the right to appeal .
The Supreme Court emphasizes the importance of proportionality and reasoning in such cases
7. The Constitutional Court and the Human Rights Dimension
The Constitutional Court has emphasized the following points in individual applications:
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Failure to inform the defendant of their obligations constitutes a violation of the right to a fair trial.
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The court's issuance of a verdict without providing reasons violates the right to a reasoned judgment.
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A suspended sentence gives the defendant an opportunity; this opportunity must be subject to transparent and understandable conditions.
The European Court of Human Rights (ECtHR), in similar cases, emphasizes that arbitrariness should not be allowed in the application of "conditional suspension" and "probation period".
8. Importance from the Perspective of Legal Practice
Points to consider as a defense lawyer:
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Was the defendant clearly informed of their obligations?
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Has the new crime been proven by a final conviction?
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Is there objective and concrete evidence in the file proving the breach of obligations ?
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Did the court act with reasoned judgment when exercising its "discretionary power"?
These points should be particularly emphasized in the appeal petitions.
9. Social Impacts of Suspended Sentence
A suspended sentence gives the defendant a second chance. In practice, many defendants take advantage of this opportunity and do not re-offend. However, in some cases, the burden of obligations being heavy or vague may lead the defendant to inadvertently violate them. This results in the pronouncement of the sentence.
In this respect, the lawyers' role is to inform the defendant about their responsibilities and to ensure that the process is conducted correctly.
10. Conclusion
"The pronouncement of judgment due to non-compliance with the suspended sentence" means the following:
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The defendant will either commit a new intentional crime during the probation period or fail to comply with the obligations imposed upon him/her.
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In this case, the court announces the conviction, which it had not previously disclosed.
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The verdict becomes final and the execution phase begins.
This institution both gives the defendant a new chance and subjects those who fail to comply with their obligations to criminal sanctions.
Ada Ceren KENDİGELEN
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