Postponement of the Announcement of the Verdict in Cybercrimes

The postponement of the announcement of the verdict (HAGB) means that the decision against the defendant will not lead to legal consequences, and the situation will be mitigated if the defendant's probation period is positive. A HAGB decision is a second chance given to the defendant. When a HAGB decision is given to a defendant, there are no restrictions on their civil and political rights, and they have no criminal record. HAGB decisions can also be given for cyber crimes. In terms of HAGB applications, cyber crimes should be evaluated separately according to the amount of punishment prescribed by law. A HAGB decision can be given in relation to the following cyber crimes:
– Unauthorized Access to Information Systems
– System Blocking, Breaking, Data Destruction
– Crimes related to obtaining unfair advantages or conducting transactions in a bank information system, as defined in Article 22/1-2 of the Turkish Penal Code.
– Bank Fraud or misuse of credit cards included in cyber crimes; in cases where losses related to IT crimes are recovered, effective deposit provisions will be applied.

When the penalty for misuse of a bank or credit card, subject to provisions for effective repentance, is imprisonment for two years or less, the provisions for the postponement of the announcement of the verdict shall apply.

In determining the amount of the suspended sentence for the cybercrimes mentioned above, the extent of the harm suffered by the victim must be considered. When cybercrimes are committed, there is usually a financial loss. The damage resulting from computer crimes can take the form of a decrease in the victim's current financial situation or damage to the victim's information system. In both cases, the victim has suffered direct harm as a result of the computer crime committed. A suspended sentence for cybercrimes can only be given to victims after such harm has been inflicted by the defendant.