Applications of Suspension of Announcement of Sentence: A Comparison of Europe and Turkey
Suspension of announcement of sentence (HAGB) is a regulation in criminal law that stipulates that a sentence will not be implemented if a person complies with certain conditions. This concept, which has different applications in both Turkey and Europe, is important in terms of the rehabilitation and reintegration of criminal individuals into society. In this article, we will make a detailed examination by comparing the HAGB practices in Turkey and Europe.
1. What is Suspension of Announcement of Sentence?
A. Definition:
HAGB is an institution that stipulates that the court postpones the implementation of the sentence given for a certain period of time and that the sentence will not be announced if certain conditions are met during this period.
Example: The court suspends the implementation of the sentence given to a person without announcing the prison sentence given to him if he does not commit a crime during the supervision period.
2. HAGB Applications in Turkey
A. Regulation in the Turkish Penal Code:
HAGB in Turkey is regulated by Article 231 of the Criminal Procedure Code No. 5271. According to this article, the suspension of the announcement of the sentence is among the factors taken into consideration by the court when making a decision.
B. Conditions:
For HAGB to be applied:
The lower limit of the crime must be less than 2 years.
Elements such as the way the crime was committed, the personality and background of the perpetrator.
The perpetrator must feel remorse and have faith that he/she will not commit the same crime again.
Example: If a person is sentenced to 1 year in prison for the crime of theft, he/she may request HAGB. The court may suspend the application of the sentence if the conditions are met.
3. HAGB Applications in Europe
A. Differences in European Countries:
HAGB applications in Europe vary from country to country. In countries such as Germany, France and Italy in particular, HAGB applications are shaped according to their own legal systems.
B. Application in Germany:
In Germany, HAGB is called “Bewährungsstrafe” (probation). The criminal court monitors the criminal’s behavior in society and places him/her under supervision for a certain period of time.
C. Application in France:
In France, there is a practice called “sursis”. The court postpones the execution of the sentence and allows the sentence to be reduced if certain conditions are met.
4. Differences between Turkish and European Practices
A. Application Conditions:
In Turkey, in order for HAGB to be applied, the lower limit of the crime must not exceed a certain period, while in European countries this situation may be more flexible. For example, in Germany, there is the possibility of placing under supervision even for higher sentences.
B. Supervision Period:
While the supervision period of HAGB in Turkey is generally 3 years, this period may be longer in Germany and France. This indicates different approaches in terms of rehabilitation of individuals.
C. Post-Sentence Monitoring:
While a more systematic approach is adopted in European countries to monitor the behavior of the offender during the probation period, this process may be less structured in Turkey.
5.
The suspension of the announcement of the sentence is an important regulation in criminal law and offers a great opportunity for the reintegration of offenders into society. There are significant differences between the practices in Turkey and Europe. Both systems have their own advantages and disadvantages.
The effectiveness of HAGB practices plays an important role in the reintegration of individuals into society. However, caution should be exercised in this process in terms of the rule of law and the provision of justice.
