What is Defermen of the Annoucement of the Verdict (HAGB)? (CMK 231)
If the disclosure of the provision is left undone, the punishment imposed on the defendant does not produce results within a certain period of supervision, a deliberate crime is not committed during the supervision period, and if the obligations are acted upon, the criminal decision is eliminated and the punishment that leads to the dismissal of the case is individualized (CMK md.231). While the court decision confirms a number of legal consequences in such individualization institutions as postponement and discount of discretion, there is no court provision that will have consequences in the institution of revoking the disclosure of the provision. The court has not yet announced its decision, which will have consequences for the legal system, and has left the explanation back.
The HAGB decision gives the accused a second chance almost without any restrictions on the person’s civil, political or private life. The HAGB decision virtually suspends criminal law intervention in the life of the person who committed the crime.
APPEAL AGAINST THE DECISION TO WITHDRAW THE DISCLOSURE OF THE PROVISION
… THE PRESIDIUM OF THE CRIMINAL COURT OF PENAL SERVITUDE;
THE OBJECTING RESPONDENT :
attorney :
THE DECISION SUBJECT TO APPEAL IS: … The decision of the Criminal Court …/… dated,…/… the main and …/… the numbered decision.
SUBJECT : … Consists of our objections to the Decision of the Criminal Court to Withdraw the Disclosure of the Main and /or Decision No. 1, which it has issued in relation to the accused on the date of /…//.
INSTRUCTIONS :
1-) … The decision of the Criminal Court … to withdraw the disclosure of the verdict it has issued against the defendant at the end of the trial for his crime is not in accordance with legal regulations and the law. That is to say;
2-) Article 231 of the Criminal Procedure Code No. 5271. according to the provisions to be turned back to the announcement of the award to be decided; to be fined or less imposed sentence of two years imprisonment or criminal, the defendant previously has been convicted of finding a deliberate offense, the court, considering the attitudes and behaviors of the trial with the defendant’s personality traits will commit a crime again and to reach conclusions about whether the victim or incurred by the public with the crime, right back, before a crime by making or compensation must be eliminated. As it can be seen, in order for the decision to Decry the disclosure of the verdict given about the defendant to be made, there is an obligation to coexist four conditions and to form an opinion by evaluating these four conditions by the court.
3-) Although the sentence is … a month and the defendant has not been convicted of a deliberate crime before, the court has not evaluated whether the defendant will not commit a crime again, taking into account his personality traits and attitude and behavior at trial, and whether the damage suffered by our client was compensated for by committing the crime, and no justification has been given in terms of these conditions sought by the law in the judgment.
4-) The defendant …… made threatening statements against our client during the trial …/…/… and this was passed on to the trial minutes as a result of our insistence. Although the defendant’s disturbing behavior continued during the subsequent hearings, it was not possible for us to pass them on to the trial minutes. If necessary, for the determination of this fact, those who watched the trial and named persons can also be listened to. As such, the court has not made these attitudes of the accused the subject of evaluation, and no evaluation has been made in the reasoned decision on the condition that the law seeks to “conclude that the accused will not commit a crime again”. This is in accordance with article 232 of the law. it is also contrary to the provision of the article.
LEGAL REASONS : 5271 P. K. m. 231, 232.
CONCLUSION AND REQUEST: For the reasons described above, we appeal and request on behalf of our client that the decision to withdraw the disclosure of the verdict given about the defendant by re-examining the verdict given by the Criminal Court be lifted and that for the reasons mentioned in the explanations section, there is “no room for the disclosure of the verdict to be released” and that the conviction of the defendant be announced in the month. …/ …/ …
Involvement ……. Attorney
