The institution for the Deferment of the Announcementof the Verdict(hagb in turksih law) is regulated in article 231 of the Code of Criminal Procedure. As a result of the trial held in the criminal court, if the sentence imposed on the defendant is a prison sentence of two years or less or a judicial fine, a decision may be made to Withdraw the Disclosure of the Sentence (HAGB) if other conditions set out in the law occur. If this institution is applied to the defendant, a five-year audit period is applied. It is necessary that the accused does not commit a deliberate crime during the inspection period. In addition, it is not possible to make a decision to withdraw the disclosure of the provision about the defendant again within this five-year audit period determined. ,
In the case of HAGB, in a sense, the sentence imposed by the court is suspended, and if the defendant does not commit a deliberate crime during the inspection period, the sentence is considered executed. If no intentional crime was committed by the defendant during the inspection period and he was treated in accordance with the established measures, the decision to drop the case by the court is made by eliminating the provision that was decided to be left undisclosed. If he intentionally commits a new offense during the inspection period or violates the obligations related to the probation measure, the court clarifies the provision. However, the court may establish a new conviction by assessing the status of the defendant who cannot fulfill the obligations imposed on him; deciding not to execute part of the sentence that he will determine halfway through, or to postpone the prison sentence in the sentence or convert it into option sanctions if there are conditions.
WHAT ARE THE CONDITIONS FOR DEFERMENT OF THE ANNOUNCEMENT OF THE VERDICT (HAGB)?
In order to make a decision on the withdrawal of the disclosure of the provision;
A conviction for a premeditated crime should not have been established against the accused before.
Considering the personality characteristics of the accused, his attitude and behavior at the trial, it is necessary to form an opinion in court that the accused will not commit a crime again.
The damage caused by the victim or the public as a result of the commission of the crime must be eliminated by exactly the same refund, prioritization of the crime or compensation. If it is not possible for the defendant to fulfill this condition immediately, it may be decided that the price will be paid in monthly installments during the audit period.
It is necessary to agree to the application of the institution of revocation of the disclosure of the provision by the defendant. This acceptance must be made by the defendant himself. The acceptance made by the proxy is not valid.
