The amendment made to the article of law on the Suspension of Announcement of Verdict (HAGB) on August 1, 2024 includes some regulations on the conditions and scope of application of HAGB. These changes narrow the applicability of HAGB and introduce new rules on how and in which cases it can be applied. Here are the main changes:
1. *Narrowing the Scope of HAGB:* The scope of the crimes to which HAGB can be applied has been narrowed with the new regulation. In particular, the application of HAGB has been prevented for repeated crimes, sexual crimes and certain serious crimes. This can be considered as a step towards the less frequent use of HAGB depending on the nature of the crime.
2. *Necessity of Consent of the Defendant:* In line with the previous decisions of the Constitutional Court, the necessity of obtaining the consent of the defendant while applying HAGB has been further emphasized. This means that HAGB cannot be applied in cases where the defendant does not want it.
3. *Supervision Period:* Regulations have also been made regarding the supervision period specified in the HAGB decision. This period has been made variable depending on the nature of the crime and the status of the defendant.
4. *Consequences of the Penalty:* If the persons who are given a HAGB decision comply with their obligations during the supervision period, the penalty is reduced, while the rules regarding the announcement and execution of the penalty in case a new crime is committed during this period have been clarified.
These changes have been made in order to ensure the fair implementation of the HAGB and to create a more balanced sanction system according to the nature of the crime.
It is recommended to review official sources or legal texts for the details and full text of the changes.
