Legal Remedy In The Deferment Of The Pronouncement Of The Verdict
The institution of “deferral of the announcement of the verdict”, which was added to Article 231 of the Code of Criminal Procedure with the Law No. 5560, has existed in Western countries for a long time. It has existed since the 1950s.
It has existed in continental European legal systems since the beginning. The practice first emerged in Anglo-Saxon law and then found its place in the penal codes of European countries. For example, in French law, it started to be applied to juvenile offenders with the Law dated 02.02.1945. Later, with the amendment made in 1975, it was extended to adults as well. Again in Belgium, with the amendment to the law dated 29.06.1964, the institution of deferment of the announcement of the verdict was introduced to the Belgian legal system.
The fifth paragraph added to Article 231 of the Code of Criminal Procedure by SY 5560 reads as follows:
“If the penalty imposed at the end of the trial for the offense charged to the defendant is imprisonment for a term of two years or less or a judicial fine, the court may decide to defer the announcement of the verdict. … Deferral of the announcement of the verdict means that the judgment does not have any legal consequences for the defendant.”
The institution should be evaluated in the light of the principles of modern criminal law regarding the individualization of punishment. One of the most important contributions of the positivist school to the classical criminal school is that it examines the concrete characteristics and the state of danger of the offender and determines the sanction according to the results of this examination. In modern criminal law, the personal characteristics of the individual who commits a crime, all internal and external reasons and motives that lead him to commit a crime are examined, all measures are taken to eliminate these reasons, and the sanction is determined in this context
is determined. In modern law, execution is not only aimed at general or specific prevention: More importantly, it aims at the reintegration of the offender into society. Crime
disrupted social peace and lost peace and tranquillity undermine the possibility of social development. This means that the whole society, including the individual who commits a crime, is unable to comprehend the laws of nature and
It weakens the possibilities of directing the universal course and thus increasing social welfare. For this reason, the sanction for the crime should be directed towards restoring the disturbed social peace and tranquility, thus keeping the possibility of social development open for the time being
The deferral of the announcement of the verdict is for this purpose. If the judge, who examines the personality traits of the individual who commits a crime, determines that the act constituting a crime is not a compulsory result of his/her personality traits, but rather an incidental reaction arising from external conditions, and that he/she has no tendency to commit new crimes in the next phase of his/her life, one of the ways he/she can apply in terms of personalizing the sanction is to defer the announcement of the verdict.
You can access our other article examples and petition examples by clicking here.