WHAT IS POSTPONEMENT OF THE ANNOUNCEMENT OF THE VERDICT (HAGB)?

I. INTRODUCTION

In the criminal justice system, certain "sentence postponement" mechanisms have been developed, particularly to facilitate the reintegration of first-time offenders into society and prevent the establishment of permanent criminal records. The postponement of the announcement of the verdict (HAGB)is an important institution in Turkish Criminal Procedure Law, designed for this purpose and serving both the individual and public order.

HAGB means that the court's conviction decision is not announced for the defendant for a period of 5 years under certain conditions , and at the end of this period, the unannounced verdict has no legal effect or consequences

II. LEGAL BASIS: CMK ARTICLE 231

The institution of suspended sentences (HAGB) in Article 231 of the Code of Criminal Procedure (CMK) No. 5271. According to this article, the pronouncement of a conviction against a defendant may be postponed under certain conditions.

A. Legal Requirements:

1. The sentence given to the defendant is imprisonment for 2 years or less, or a judicial fine,

2. The defendant has no prior conviction for an intentional crime

3. The damage suffered by the victim or the public during the trial process must be remedied

4. The court's conviction that the defendant will not commit further crimes in the future,

5. The defendant accepts the suspended sentence.

III. LEGAL CONSEQUENCES OF THE SUSPENSION OF SENTENCE DECISION

If a suspended sentence is given:

• The sentence against the defendant is not announced for a period of 5 years (this period is 3 years for children)

• If the defendant does not intentionally commit a new crime during this period and complies with the obligations, the decision will be nullified without any effect.

• Since no verdict is announced, it is not recorded in the criminal record, therefore the individual has a clean criminal record.

• A suspended sentence is unenforceable and subject to appeal; it is not open to review or cassation.

IV. CRIMES COVERED BY SUSPENSION OF PUNISHMENT

Suspended Sentence is primarily minor offenses . For example:

• Insult (Turkish Penal Code Article 125),

• Simple assault (Turkish Penal Code Article 86/2),

• Endangering traffic safety (Turkish Penal Code Article 179),

• Theft (simple form),

• Possession of narcotic substances for personal use (Turkish Penal Code Article 191).

However, some crimes are not. For example:

• Terrorist crimes,

• Crimes against sexual integrity (with exceptions),

• Disgraceful crimes.

V. OBLIGATIONS OBSERVED DURING THE SUSPENSION OF SENTENCE PROCESS

With the issuance of a suspended sentence, the defendant is expected to comply with certain obligations. These obligations include:

• Application to the probation office,

• Signing at the specified intervals,

• Participating in specific training or treatment programs,

• The victim should not be harmed or contacted

• There may be certain obligations, such as working in public service.

VI. ANNOUNCEMENT OF THE SUSPENSION OF SENTENCE DECISION

During the suspended sentence period, the defendant:

• Committing a new intentional crime ,

• Failure to comply with audit period obligations,

• Causing harm to the victim,

In such cases, the court announces the previously issued conviction . In this situation, the announced sentence is then enforced, and a criminal record is created for the defendant.

VII. RIGHT TO APPEAL AGAINST SUSPENDED SENTENCE OF PROCEEDINGS

The defendant is not obligated to accept the suspended sentence. If a suspended sentence has been issued, an appeal is possible. The appeal period is 7 days , and the appeal must be submitted to the court that issued the decision. However, the right to appeal is forfeited if the defendant consents to the suspended sentence.

VIII. SUSPENSION OF SENTENCE IN LIGHT OF SUPREME COURT DECISIONS

Court of Cassation, 4th Criminal Chamber, Case No. 2018/1152 E., Decision No. 2019/678 K.:

“The suspended sentence given in exchange for the defendant's lack of a criminal record and compensation for damages is in accordance with procedure and law. However, the fact that the defendant's consent was not obtained invalidates the decision.”

Court of Cassation, 8th Criminal Chamber, Case No. 2017/3942 E., Decision No. 2018/2134 K.:

"If the defendant commits another crime during the probation period, the unannounced sentence will be enforced."

IX. ADVANTAGES AND CRITICISMS OF SUSPENDED SENTENCE

A. Advantages:

• It helps keep your criminal record clean

• It gives the defendant a second chance

• The deterrent effect of the punishment is preserved, but it is not enforced

• The goal is to integrate them into society.

B. Criticisms:

• It can create a perception of impunity

• This can lead to different practices in each jurisdiction,

• Making it dependent on the defendant's admission could create a weakness in the defense.

X. AN EXAMPLE OF A FILE WHERE A SUSPENDED SENTENCE WAS ISSUED

Case: The defendant insulted their neighbor on social media. Following a complaint, a lawsuit was filed, resulting in a 2-year prison sentence. However, due to the defendant's lack of a criminal record, remorse, and the absence of any harm caused, the court issued a suspended sentence. Since the defendant committed no crimes during the probation period, the verdict was not announced, and the case was dismissed.

XI. CONCLUSION

Suspension of the announcement of the verdict is an individual-centered and socially beneficial practice in the Turkish criminal justice system. Although it is limited to all crimes, it is a very important "second chance" mechanism for first-time offenders who are believed not to re-offend in the future.

Since judges' discretion is crucial in practice, in cases where a suspended sentence is to be given, an effective defense must be presented to highlight the defendant's mitigating circumstances. Otherwise, failure to do so may result in a conviction and the individual facing prolonged criminal and social consequences.