What is the Postponement of the Announcement of the Sentence?
Definition: HAGB means the postponement of the announcement of the sentence of the defendant under certain conditions. In other words, even if the defendant is convicted, the sentence is not executed and a period of supervision is initiated. If he does not commit a new crime during this period, the sentence is completely cancelled.
Conditions: This decision can be applied for sentences of less than two years and if the defendant has no criminal record.
Example: A person may have been sentenced to 1 year in prison for the crime of damaging property. When a HAGB decision is made, the sentence is postponed and if the person does not commit a new crime, this sentence is not executed at all.
2. Social Effects
Changing the Perception of the Criminal: Since HAGB is not recorded in the criminal record of the defendant, these individuals may not be perceived as “criminals” by society. This can facilitate the individual’s reintegration into society. However, victims may not be happy with this situation and may think that justice is not fully served.
Effectiveness Discussions in the Fight Against Crime: Whether HAGB is sufficient in terms of deterrence is debated. Many people argue that HAGB creates a perception of impunity and that criminals may be emboldened by this situation.
For example: When a person causes a traffic accident and harms the other party, they may be spared a prison sentence with a HAGB decision. However, the victimized party may think that justice has been incomplete.
3. Recidivism Rates
Probation Period: With HAGB, the person who committed a crime is given a second chance. However, there is criticism about the deterrence of HAGB for those who re-commit crimes during this period.
Social Rehabilitation: The purpose of HAGB is to reintegrate the criminal into society. Programs such as probation also come into play during this process. However, whether the probation period is effectively implemented is a matter of significant debate.
For example: A young person may have been tried for drug use and a HAGB decision may have been made. If they do not participate in appropriate rehabilitation programs during the probation period, this individual may relapse into crime.
4. Rights of Victims
Perception of Justice: Victims may think that justice has not been fully served because they think that the perpetrator has escaped punishment with the HAGB decision. This situation may lead to discussions in society that justice has not been served.
Victim Compensation: HAGB does not prevent the victim from being compensated for. However, victims may feel wronged in cases where the perpetrator does not receive a serious punishment.
Example: In a theft case, the perpetrator may get away without being punished with the HAGB decision. In this case, even if the victim gets his belongings back, the fact that the perpetrator is not punished may cause discomfort.
5. Difficulties in Implementing HAGB
Consistent Implementation of the Decision: The fact that HAGB decisions vary between courts may damage the sense of social justice. Two people tried for the same crime may face different decisions from different courts.
Differences According to the Type of Crime: There are also social discussions about the types of crimes to which HAGB can be applied. Especially in sexual crimes and violent crimes, HAGB decisions can cause great reactions in society.
Example: A person who commits a minor fraud crime can get away without punishment with HAGB. However, giving the same decision to someone who commits more serious crimes can cause outrage in society.
6. Legal Discussions on HAGB
Re-Offending: The social effects of HAGB are directly related to whether people take advantage of this decision and commit crimes again. Some legal experts argue that this decision creates a perception of “no sanctions” in people.
Results of the Trial: Since HAGB is not a final judgment, it is not recorded in the person’s criminal record. This ensures that the person who commits a crime does not have problems in their future life, work and social life. However, this situation leads to criticism in society that those who commit crimes “get off easy”.
Example: A public official can receive HAGB for the crime of abuse of office. However, this situation can lead to a loss of trust in the public.
7. Conclusion
Social Perception: Although the suspension of the announcement of the verdict aims to give criminals a second chance, it leads to different perceptions in the understanding of social justice. The implementation of HAGB should not ignore the rights of the victim while maintaining the balance between crime and punishment.
Seeking Balance: It should not be forgotten that the purpose of law is to provide justice. When the social effects of HAGB are evaluated, it is seen that a balance should be established between providing justice and rehabilitation.
