Postponement of the announcement of the sentence (HAGB) is an institution in the Turkish Penal Code that stipulates that sentences should not be executed under certain conditions. This decision can be made in cases such as when the person committing the crime commits a crime for the first time, shows remorse, and is evaluated to not commit a crime again in the future.
So, does the HAGB decision constitute an obstacle to becoming a civil servant or remaining in civil service? The answer to this question depends on the crime for which the HAGB decision was made and the public office for which the application was made.
General Rule:
According to Article 48 of the Civil Servants Law No. 657, people who receive a HAGB decision due to the following crimes are prevented from becoming civil servants and remaining in civil service:
• Crimes committed against the security of the state or the constitutional order
• Disgraceful crimes (theft, fraud, extortion, bribery, etc.)
• Manufacturing or trading narcotic or stimulant substances
• Sexual crimes
• Crimes committed against children
People who receive an HAGB decision for crimes other than this are generally not prevented from serving as a civil servant. In this context, people who receive a HAGB decision for crimes such as intentional injury or causing traffic accidents can become civil servants or remain in civil service.
Some Special Situations:
• Military Personnel: A HAGB decision for military service is a reason for dismissal from military service, regardless of the type of crime.
• Policing: Whether the HAGB decision constitutes an obstacle for the police profession is evaluated according to the type of crime and the nature of the duty.
• Security Guards: Whether the HAGB decision constitutes an obstacle for people who want to work as security guards in sectors such as banking, finance and insurance is evaluated according to the job description and risk analysis.
Evaluation of the Impact of the HAGB Decision:
Many factors are taken into consideration when evaluating whether a HAGB decision prevents a person from becoming a civil servant. Some of these factors are:
• Type of crime and modus operandi
• The impact of the crime on the victim
• The perpetrator's feeling of remorse and the possibility of committing a crime again
• Educational status, family situation and work history of the perpetrator
• Nature and responsibilities of public office