POSTPONEMENT OF THE ANNOUNCEMENT OF THE VERDICT

The postponement of the announcement of the verdict (HAGB) is an institution in Turkish Criminal Law that, under certain conditions, allows the sentence to be suspended and the defendant to be subjected to a probationary period. This practice offers an opportunity for the defendant, if they have a clean criminal record and show remorse after committing the crime, to be reintegrated into society without being included in the penal system.

HAGB (Suspended Sentence) is a system that prioritizes rehabilitation over the classic approach of punishing offenders. It aims to make the criminal justice system more human-centered, giving individuals a chance by examining their behavior after the crime.

The legal basis for a suspended sentence (HAGB) is Article 231 of the Code of Criminal Procedure (CMK) No. 5271. According to this article, under certain conditions, the sentence of the defendant may not be announced, and the defendant may be subject to a probationary period. If the person does not commit a new crime during the probationary period, the case is dismissed and the sentence is not enforced.

Conditions Required for a Suspended Sentence Decision

Certain conditions must be met in order for a suspended sentence to be issued as stipulated in Article 231 of the Code of Criminal Procedure:

1. Imprisonment of Two Years or Less, or a Fine: A suspended sentence (HAGB) is applicable to sentences of two years or less, or to fines. It is not possible to grant a suspended sentence for more serious penalties.
2. The Defendant Must Have No Criminal Record: The defendant must not have previously been convicted of an intentional crime. However, crimes committed negligently are not included in this condition, and a suspended sentence may be given in such cases.
3. Defendant's Personality Traits and Behavior: The court must consider the defendant's personality traits, their behavior in court, and their attitude after committing the crime to conclude that the defendant is unlikely to re-offend.
4. Compensation for Damages Arising from the Crime: All material and moral damages arising from the crime must be fully compensated. If the damages are not compensated, a suspended sentence cannot be issued.
5. Defendant's Acceptance: A suspended sentence can only be implemented if the defendant accepts it. If the defendant does not accept the suspended sentence, the court is obliged to announce its decision.

Audit Period and Results

When the court issues a suspended sentence, it places the defendant under supervision for a period of 5 years. During this time, the defendant must not commit another crime. If the defendant intentionally commits a crime during the supervision period, the court announces the previously unannounced sentence, and the punishment is enforced. However, if the defendant does not commit any crime during the supervision period, the case is dismissed, and the sentence is not enforced in any way.

Examples of Decisions

1. Supreme Court 18th Criminal Chamber Decision (2019/957 E., 2020/145 K.): In this case, the defendant was sentenced to 1 year and 6 months imprisonment for the crime committed, but a suspended sentence was applied. The defendant showed remorse after the incident, compensated the victim, and the court, believing the defendant would not commit another crime, issued a suspended sentence. At the end of the probation period, the defendant did not commit any new crime, and the case was dismissed.
2. Supreme Court 4th Criminal Chamber Decision (2018/3524 E., 2019/2845 K.): In this decision, the defendant committed the crime of theft and was sentenced to 2 years of imprisonment. The court issued a suspended sentence due to the defendant's lack of a criminal record and the defendant's compensation for the damage caused by the crime. However, the defendant committed another crime during the probation period, and the court revoked the suspended sentence and ordered the execution of the previous sentence.
3. Supreme Court 15th Criminal Chamber Decision (2021/2105 E., 2022/1029 K.): In this decision, the defendant was sentenced to 1 year and 8 months imprisonment for fraud and a suspended sentence was given. The court, taking into account that the defendant showed remorse after committing the crime, compensated the victim for the damages, and had no prior criminal record, granted the defendant a probationary period. At the end of the probationary period, it was determined that the defendant had not committed any crime, and the case was dismissed.

Legal Effects and Consequences of a Suspended Sentence Decision

A suspended sentence (HAGB) is a decision in criminal proceedings that, under certain conditions, suspends the execution of a sentence and provides for a probationary period. This decision not only postpones the execution of the sentence but also offers the defendant an opportunity to avoid punishment if they refrain from further crime. However, HAGB has certain legal consequences and limitations

1. Criminal Record: A suspended sentence (HAGB) is not recorded in a criminal record for the individual. However, if a new crime is committed during the probation period, the HAGB decision is reinstated and recorded in the criminal record.
2. Second Application of Suspended Sentence: It is not possible to issue a suspended sentence for a second time. If the defendant has previously received a suspended sentence, it cannot be issued again, and the sentence is announced directly.
3. Disqualification from Profession or Public Service: Even with a suspended sentence, certain professions or public service positions may still be prohibited. For example, for professions such as lawyering or civil service, sanctions arising from the crime may still apply even with a suspended sentence.

Discussions Regarding Suspended Sentence

The practice of suspending the announcement of the verdict is viewed positively, as it strengthens the reintegration and rehabilitation function of criminal sanctions into society. However, it is also known to receive some criticism. In particular, there are criticisms that defendants given a suspended sentence are not sufficiently punished by society and that the deterrent effect of this decision is weak.

Suspended Sentence (HAGB) is an important institution in the Turkish criminal justice system, offering an opportunity for the reintegration of individuals into society. Under certain conditions, this practice allows those who have committed crimes to be spared from punishment, giving them a second chance. As seen in exemplary decisions, HAGB is generally applied to defendants without a prior criminal record, and the case is dismissed if the probation period is successfully completed. However, it is also true that this system is open to some debate in terms of its deterrent effect.

Intern Law Faculty Student

Mert Emir Balci