Appeal Against The Decision To Postpone The Announcement Of The Judgment
What is the Postpone of the Announcement of the Judgment (HAGB)? (CMK 231)
The postponement of the pronouncement of the judgment is an institution of individualization of punishment whereby the sentence imposed on the defendant does not take effect during a certain probationary period, and if no intentional crime is committed and the obligations are fulfilled during the probationary period, the sentence is revoked and the case is dismissed (CMK Art. 231). While court decisions in individualization institutions such as postponement and discretionary reduction produce certain legal consequences, there is no court decision that produces consequences in the institution of postponement of the pronouncement of the judgment. The court has not yet announced its decision in a manner that would produce consequences in the legal system; it has postponed the announcement.
The HAGB decision grants the defendant a second chance without imposing any restrictions on their civil, political, or private life. The HAGB decision effectively suspends the intervention of criminal law in the life of the person who committed the crime.
Objection to the Decision to Postpone the Announcement of the Judgment
… TO THE PRESIDENCY OF THE HIGH CRIMINAL COURT;
APPELLANT :
ATTORNEY :
DECISION SUBJECT TO APPEAL : … Criminal Court’s decision dated …/…/…, Case No. …/… and Decision No. …/….
SUBJECT: Our objections to the decision to postpone the announcement of the verdict numbered …/… Case and …/… Decision dated …/…/… issued by the … Criminal Court regarding the defendant … …
EXPLANATIONS:
1-) The decision to postpone the announcement of the verdict issued by the … Criminal Court on …/…/… against the defendant … … following the trial for the crime of … is not in accordance with legal regulations and the law. As follows;
2-) According to Article 231 of the Criminal Procedure Law No. 5271, in order for a decision to postpone the announcement of the verdict to be made, the sentence imposed must be imprisonment for two years or less or a fine, the defendant must not have been previously convicted of an intentional crime, the court must form the opinion that the defendant will not commit another crime, taking into account the defendant’s personality traits and behavior during the trial, and the damage suffered by the victim or the public as a result of the crime must be fully compensated through restitution, restoration to the previous state, or indemnification. As can be seen, for the court to decide to postpone the announcement of the verdict against the defendant, all four conditions must be met, and the court must evaluate these four conditions and form an opinion.
3-) The sentence imposed is … months, and although the defendant … … has not previously been convicted of an intentional crime, the court has not made an assessment as to whether it is satisfied that the defendant will not commit another crime, taking into account the defendant’s personality traits and his attitude and behavior during the trial, and whether the damage suffered by our client as a result of the crime has been compensated. and the judgment does not provide any justification in terms of the conditions required by law.
4-) During the trial, the defendant … … made threatening statements against our client at the hearing on …/…/… and, as a result of our insistence, this was recorded in the trial minutes. The defendant’s disturbing behavior continued in subsequent hearings, but we were unable to have it recorded in the trial minutes. If necessary, the individuals named … … and … …, who observed the hearing, may also be heard to establish this fact. Despite this, the honorable court did not evaluate the defendant’s behavior, and no evaluation was made in the reasoned decision regarding the condition required by law that “the defendant will not commit another crime.” This situation is also contrary to the provisions of Article 232 of the law.
LEGAL GROUNDS: 5271 S. K. m. 231, 232.
CONCLUSION AND REQUEST: For the reasons explained above, we request that the ruling issued by the Criminal Court be re-examined, that the decision to postpone the announcement of the ruling on the defendant … for the crime of … be revoked, and that, for the reasons mentioned in the explanations section, “there is no place for postponing the announcement of the ruling.” and that the sentence of … months’ imprisonment imposed on the defendant be declared. …/ …/ …
Intervener ……. Counsel