The Crime of Persistent Stalking (Turkish Penal Code Article 123/A) and Suspension of the Announcement of the Verdict (HAGB)

Stalking is a crime subject to complaint; the basic penalty is 6 months to 2 years, and in aggravated cases, 1 to 3 years imprisonment. For a suspended sentence to be applied , the imposed sentence must be 2 years or less , the defendant must not have a criminal record for an intentional crime , and the court must have a positive opinion that the defendant will not re-offend (Article 231 of the Code of Criminal Procedure). If these conditions are met in the specific case, a suspended sentence may be granted; otherwise, it cannot.

1) The legal rationale behind HAGB (Suspended Sentence)

HAGB is an institution that postpones the pronouncement of a sentence for a probationary period of 5 years (in some cases 3 years) . If this period is completed without incident , the sentence is considered never to have been pronounced , and the case is dismissed. If a new intentional crime is committed or obligations are violated during the probationary period, the court pronounces the sentence , and the execution of the sentence begins. HAGB is not a pardon for property/freedom , but a conditional suspension mechanism.

2) How is the threshold for a suspended sentence calculated in cases of persistent stalking?

Basic type (6 months–2 years): In practice, deviations from the lower limit are made according to the duration and intensity of the persistence and the severity of the consequences. If the judge imposes a sentence of less than 2 years, a suspended sentence theoretically becomes possible.
Aggravated type (1-3 years): In cases against a child/spouse, despite breach of restraining order, or in cases resulting in a change of job, school, or residence for the victim, the sentence is in the 1-3 year range. If the specific sentence exceeds 2 years, the possibility of a suspended sentence is closed ; if it is 2 years or less, and other conditions are met, a suspended sentence can be considered.

In practice: In cases of "persistence despite breach of restraining order," courts general deterrence ; therefore, suspended sentences are often not possible.

3) Mandatory conditions and the court's "favorable opinion"

The main conditions required for a suspended sentence are:

The length of the sentence: 2 years or less.
Criminal record: The defendant must not have a criminal record for intentional offenses (clean criminal record).
Positive conviction: The judge must be convinced that the defendant will not re-offend . This conviction is reinforced by concrete indicators such as courtroom behavior, remorse, apology to the victim, cessation of persistent behavior, changes in phone/account details, and participation in counseling/psychological support.
Compensation for damages: Full compensation for tangible material damage ; for moral damages, settlement measures such as apologies, commitments to abstain, and reasonable donations/contributions may be considered.

4) Inspection period and responsibilities

When issuing a suspended sentence, the court may also impose probation obligations of 1 to 3 years : these may include conditions such as not approaching or communicating with the victim , participating in certain programs (anger management/psychosocial support) , and not approaching specific places or individuals . Measures under Law No. 6284 are implemented independently of the suspended sentence ; the two are applied in parallel.

5) Violation of the law: When will the judgment be announced?

a new intentional offence or breach of duty, the court usually clarifies the verdict.
Depending on the severity of the violation, the judge may choose to issue a warning or modify/extend the obligations ; however, in serious violations such as physical contact with the victim , there is a strong tendency to provide an explanation

6) Suspended Sentence from the victim's perspective

A suspended sentence the conviction is annulled ; a verdict has been reached, only its announcement has been postponed. The victim;

Continuation of the protection of Law 6284,
Making obligations such as not approaching/communication bans conditional on the probation period ,
In case of violation, the victim may request the pronouncement of the sentence . Furthermore, the victim, as a participant , may object to the suspended sentence ; grounds for objection may include "lack of positive opinion," "severity of the consequences," or "risk of recurrence."

7) Defense strategy – The road to a suspended sentence

Stopping the persistent attempts and providing documentation: Changing your number/social media/phone line, turning off location sharing, setting limits on device/account usage.
Voluntary compliance: Full adherence to protective orders; avoiding any behavior that could trigger the victim.
Remorse and reparation: Meaningful actions in the reconciliation process; sincere apology; and, if necessary, documentation of participation in therapy/rehabilitation programs.
Reduction of the sentence to the 2-year threshold: Arguments based on the severity of the incident , attempted crime , unjust provocation (if appropriate), discretionary reduction (Turkish Penal Code Article 62), and favorable personalization of the sentence .

8) Institutions that are confused with HAGB (Suspended Penal Code)

Postponement (Turkish Penal Code Article 51): The verdict is announced, the execution is postponed and continues under supervised conditions; execution resumes upon violation.
Conversion to a fine (Turkish Penal Code Article 50): Imprisonment sentences of one year or less can be converted to alternative sanctions.
Mediation (Article 253 of the Code of Criminal Procedure): This comes into play during the investigation phase; if mediation is achieved, no lawsuit is filed. Suspended sentencing, however, comes into play during the judgment phase.

9) Criminal record – Archive record

A suspended sentence is not entered into the criminal record but is kept in the archive . Sharing of the archive record is also limited upon the decision to drop the sentence at the end of the probation period ; however, courts may conduct archive inquiries for specific public duties/permissions.

Conclusion

In persistent criminal cases , a suspended sentence (HAGB) becomes possible, especially in basic and first-time offenders , when the court demonstrates a permanent change in the defendant's behavior . However, in aggravated cases , involving breaches of protective measures or severe incidents that fundamentally disrupt the victim's life, the two-year threshold is often exceeded, making a suspended sentence inapplicable . The direction you choose to request depends on your ability to reduce the sentence to the two-year mark and to establish a positive conviction with concrete evidence . In the case of the victim's legal representation, it is essential to demonstrate with strong evidence that the risk persists , that protective measures are necessary , and that a positive conviction has not been established .

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The Crime of Persistent Stalking (Turkish Penal Code Article 123/A) and the Postponement of the Announcement of the Verdict (HAGB)