What Is Suspension Of The Explanation Of The Judgement?
Deferral of the Announcement of the Sentence is regulated under Article 231 of the Code of Criminal Procedure. If the sentence imposed on the defendant as a result of the trial in the criminal court is a prison sentence of two years or less or a judicial fine, a decision to defer the announcement of the verdict 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 deferment of the announcement of the verdict, 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 within 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; It 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.
WHAT ARE THE CONDITIONS FOR DEFERRING THE ANNOUNCEMENT OF THE JUDGEMENT?
In order for a decision to be made to defer the announcement of the judgement;
The defendant must not have been convicted of an intentional offence before.
Considering the defendant’s personality traits, attitude and behaviour in the trial, the court must have the opinion that the defendant will not commit a crime again.
The damage suffered by the victim or the public as a result of the commission of the offence must be compensated by restitution, restitution or compensation. If it is not possible for the defendant to fulfil this condition immediately, it may be decided to pay the price in monthly instalments within the supervision period.
The application of the deferment of the announcement of the judgement must be accepted by the defendant. This acceptance must be made by the defendant himself. The acceptance made by the attorney is not valid.
You can access our other article examples and petition examples by clicking here.