The institution of Postponing the Announcement of the Judgment (HAGB) is regulated in Article 231 of the Criminal Procedure Code. If the sentence given to the accused as a result of the trial held in the criminal court is a prison sentence of two years or less or a judicial fine, a decision to Delay the Announcement of the Judgment (HAGB) may be given if other conditions specified in the law are met. If this institution is implemented, a five-year audit period is applied to the accused. During the probation period, the accused must not have committed an intentional crime. In addition, it is not possible to defer the announcement of the verdict about the accused again within this five-year inspection period. ,
In the case of HAGB, the judgment rendered by the court in a way is suspended and if the accused does not commit an intentional crime during the inspection period, the sentence is deemed to have been executed. If the accused does not commit an intentional crime during the inspection period and the determined measures are followed, the decision to defer the disclosure is abolished and the court decides to dismiss the case. In case of intentionally committing a new crime within the supervision period or acting in violation of the obligations regarding probation, the court announces the verdict. However, the court evaluated the situation of the accused who could not fulfill the obligations imposed on him; It may establish a new conviction by deciding that a part of the sentence to be determined up to half is not executed, or that the prison sentence in the sentence is suspended or converted to alternative sanctions if the conditions exist.
WHAT ARE THE CONDITIONS FOR WITHDRAWAL OF THE EXPLANATION OF THE PROVISION (HAGB)?
In order to make a decision to defer the announcement of the verdict;
The defendant must not have been previously convicted of an intentional crime.
Considering the personality traits of the accused, his attitudes and behaviors at the hearing, the court should be convinced that the accused will not commit a crime again.
The damage suffered by the victim or the public as a result of the commission of the crime must be remedied by way of restitution, restitution or compensation. If it is not possible for the accused to fulfill this condition immediately, it may be decided to pay the price in monthly installments within the audit period.
The application of the institution of postponing the announcement of the verdict by the accused must be accepted. This acceptance must be made by the accused himself. The consent made by the attorney is not valid.
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