Deferral Of The Announcement Of The Sentence

Deferral Of The Announcement Of The Sentence

Deferral of the Announcement of the Sentence (HAGB) is regulated under Article 231. If the sentence imposed on the defendant as a result of the trial held at the criminal court is a prison sentence of two years or less or a judicial fine, a decision on the deferment of the announcement of the verdict (HAGB) may be made if other conditions specified in the law are met. In the event that this institution is applied to the defendant, a five-year supervision period is applied. During the supervision period, the defendant must not commit a deliberate offence. In addition, it is not possible to make a decision to defer the announcement of the judgement again within this five-year supervision period. ,

In the case of HAGB, in a sense, the judgement given by the court is suspended and if the defendant does not commit a deliberate offence within the supervision period, the sentence is deemed to have been executed. If the defendant does not commit a deliberate offence during the supervision period and acts in accordance with the measures determined, the judgement decided to be deferred is abolished and the court decides to dismiss the case.

In case the offender commits a new offence intentionally within the supervision period or violates the obligations related to the probation measures, the court shall pronounce the judgement. However, the court, by evaluating the situation of the defendant who cannot fulfil the obligations imposed on him/her; may establish a new conviction by deciding not to execute a part of the sentence to be determined up to half of the sentence or to postpone the imprisonment sentence in the judgement or to convert it into alternative sanctions if the conditions exist.

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