For which crimes is a suspended sentence (HAGB) overturned?

Suspension of the Announcement of the Verdict (HAGB) is a criminal procedure institution that gives the defendant a second chance within a specific probationary period. However, if the specified rules are not followed during this period, the court announces the verdict it previously rendered. So, what types of crimes lead to the annulment of a HAGB?

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1) General Framework

According to Article 231 of the Code of Criminal Procedure, the most important reason for the annulment of a suspended sentence is the commission of a new intentional crime. In the event of such a crime, the court generally does not have discretionary power; it is obliged to pronounce the sentence.

In addition, failure to fulfill specific obligations imposed on the defendant may also lead to the annulment of the suspended sentence. However, the judge has a certain degree of discretion in cases of breach of obligations.

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2) What is "Intentional Crime"?

For a suspended sentence to be revoked, the crime have been committed intentionally .

• Intentional crimes: These are crimes committed by the perpetrator consciously and willingly. Examples include theft, fraud, assault, threats, and defamation.

• Negligent offenses: Offenses committed as a result of carelessness, negligence, or lack of foresight do not invalidate a suspended sentence. For example, negligent injury in a traffic accident.

Therefore, negligent offenses committed during the probation period do not invalidate the suspended sentence.

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3) Nature and Severity of the Crime

The law does not require the intentional crime committed serious or minor . In other words, a minor offense of insult and a major fraud will both produce the same result.

For example:

• Even a simple "threat" offense committed during the probation period can lead to the annulment of the suspended sentence.

• What is important at this point is that the crime was intentional and that the defendant has received a final conviction.

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4) Finalization Requirement

One of the most debated issues in practice is whether a final conviction is required for a newly committed crime to overturn a suspended sentence .

• Court of Appeals practice: The conviction for the new crime must become final. Otherwise, the presumption of innocence is violated.

• Therefore, a mere opening of a case or investigation does not invalidate a suspended sentence. A suspended sentence is only announced if the defendant receives a final sentence .

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5) Special Cases

5.1. Child Defendants

The reversal of a suspended sentence is assessed more sensitively in the case of children. Recidivism among young offenders is often met with rehabilitation measures.

5.2. Breach of Obligation

Failure to fulfill the obligations imposed on the defendant (compensation for damages, participation in a program, performing community service) may also lead to the annulment of the suspended sentence. However, in this case, the judge may choose to extend the probation period or impose additional obligations instead of directly announcing the annulment

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6) Lawyer Strategy

As a defender:

• Arguing that the crime committed by the client was negligent provides grounds for preserving the suspended sentence

• It is important to emphasize that confirmation of the new criminal charge must be sought.

• If there is a breach of obligation, justify the situation (unemployment, health problems, inability to pay).

• The judge may be asked to exercise their discretion by extending the sentence or imposing additional obligations .

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7) Conclusion

A suspended sentence is revoked if the defendant commits an intentional crime during the probation period.

• Offenses committed through negligence do not invalidate a suspended sentence.

• It is irrelevant whether the intentional crime is serious or minor.

• The conviction for the new crime final .

• In cases of breach of obligation, the judge may offer the defendant new opportunities instead of a direct explanation.

Therefore, during the suspended sentence process, every action of the defendant must be carefully monitored, and the defense must be meticulously conducted in case of any potential violations.

                                                                                                                                                       Ada Ceren KENDİGELEN