As Özkök Law Firm, we will explain in detail the concepts of Judicial Fine and Suspension of Announcement of Verdict (HAGB), which are important issues in criminal law for our valued followers. In this article, we will discuss what these concepts mean, in which cases they are applied, and their legal consequences.
What is a Judicial Fine?
A judicial fine is a type of penalty that can be given as an alternative to imprisonment for certain crimes in the Turkish Penal Code. This type of penalty is generally determined according to the severity of the crime and the economic situation of the defendant. Although a judicial fine is seen as a lighter sanction than imprisonment, it can be converted to imprisonment if not paid.
What is Suspension of Announcement of Verdict (HAGB)?
HAGB means that the penalty given to the defendant is not announced for a certain period of time, as regulated in the Turkish Criminal Procedure Code. In other words, the court sentences the defendant but does not decide to implement this penalty immediately. Under certain conditions, if the defendant does not commit any crime during this period and fulfills other obligations determined by the court, the sentence is erased from the records.
Conditions of HAGB:
Type of Penalty: HAGB can generally be applied to crimes that are punishable by imprisonment for 2 years or less or a judicial fine.
Personality and Social Status of the Defendant: Factors such as the defendant’s past, the way the crime was committed, and whether or not he/she has shown remorse affect the court’s decision.
Seriousness of the Crime: The type of crime and its consequences are also important criteria for the HAGB decision.
Advantages of HAGB:
Criminal Record: When a HAGB decision is made, the sentence does not appear on the defendant’s criminal record. This reduces the negative effects on the person’s work life or social relationships.
Postponement of Sentence: Thanks to HAGB, the defendant is rehabilitated into society by postponing his/her sentence and has the opportunity to rehabilitate.
How are Judicial Fines and HAGB Evaluated Together?
For a defendant who has been given a judicial fine, the court may decide on a HAGB by evaluating the defendant’s personal characteristics, the nature of the crime and other conditions. If the defendant pays the judicial fine and complies with the terms of the HAGB, the sentence is completely cancelled.
