Suspension of the Announcement of the Verdict in Practice: Court Decisions
Suspension of the announcement of the verdict (HAGB) is a type of judicial decision included in the Turkish Penal Code that allows defendants to avoid punishment under certain conditions. This decision is a method frequently used by courts, especially for defendants who commit a crime for the first time. In this article, we will discuss the legal nature of HAGB, how court decisions work, and how it is applied in practice.
1. What is Suspension of the Announcement of the Verdict?
Definition: Suspension of the announcement of the verdict is the postponement of the sentence given for a certain period in the event of a defendant’s conviction and the defendant being subject to supervision during this period. If the defendant does not commit any crime during this period, the sentence is waived.
Legal Basis: Article 231 of the Turkish Penal Code regulates the conditions and process under which HAGB can be applied. The court may issue a HAGB decision, especially in cases requiring a short-term prison sentence or a judicial fine.
Example: A defendant who commits a crime for the first time and may be sentenced to 2 years or less in prison may benefit from the HAGB decision.
2. Conditions of the HAGB Decision
The decision to postpone the announcement of the verdict is not applied in all cases. Certain legal conditions must be met:
Length of the Sentence: The prison sentence given must be 2 years or less. A fine can also be considered within the scope of the HAGB.
The Defendant’s Criminal Record: The defendant must not have been convicted of a deliberate crime before.
The Defendant’s Good Behavior: The defendant’s stance in court, remorse and post-crime behavior are evaluated. The court must believe that leaving the defendant unpunished will have a positive effect on not committing crimes in the future.
3. Results of the HAGB Decision
Supervision Period: In the event of a HAGB decision, the defendant is generally subject to a 5-year supervision period. The defendant must not commit any crime during this period.
The Sentence is Abolished: If no new crime is committed during the supervision period, the verdict is never announced and the conviction is not recorded.
If a Crime is Committed: If a new crime is committed during the probation period, the HAGB decision is canceled and the court announces the previous sentence. The defendant may face a more severe sanction with the new crime committed.
Example: If a defendant whose 1-year prison sentence was suspended with a HAGB decision commits a crime again during the probation period, he/she will be sentenced for both the new crime and the suspended sentence will be applied.
4. HAGB Application in Court Decisions
Courts decide on the HAGB decision by taking into consideration the defendant’s remorse, the nature of the crime and his/her standing in society.
Example 1: A defendant who caused death due to a traffic accident may receive a HAGB decision because he/she did not commit the crime intentionally and has no criminal record. However, he/she must carefully comply with the traffic rules during the probation period.
Example 2: If a defendant who committed an insult crime is being tried for the first time and shows remorse by admitting the crime, the court may issue a HAGB decision. However, if he/she commits a similar crime during the probation period, the HAGB decision will be canceled.
5. Objection to HAGB Decision and Revocation
It is possible to object to HAGB decisions, but these decisions cannot be appealed. HAGB is revoked if the defendant commits a crime during the supervision period or acts contrary to his/her supervision obligations.
Objection: The defendant or the complainant may object to the HAGB decision. However, the Court of Cassation only examines whether the decision is in accordance with the procedure in such decisions.
Example: The defendant may object to the decision in a case where a HAGB decision is given. However, if there is no procedural error, the probability of the decision being overturned is low.
Revocation: If a new crime is committed during the supervision period or the supervision conditions are not complied with, the HAGB decision is revoked and the verdict is announced.
6. Practical Use of HAGB Decisions and Application Examples
Advantage for First Crimes: HAGB is an advantage for people who commit a crime for the first time. It provides a chance to be reintegrated into society without being held criminally responsible.
HAGB in Art, Press and Freedom of Expression Cases: HAGB decisions are frequently given especially in press and freedom of expression cases. Short-term sentences given to journalists or artists are postponed under the HAGB.
For example: A journalist has received a HAGB decision due to a defamation case and has had to be careful for 5 years. If he/she encounters a new case during this process, his/her sentence will be announced.
7. Effects of the HAGB Decision and Recommendations
Although the implementation of the HAGB decision ensures that the defendant remains without a criminal record, it is necessary to be careful during the supervision period. In particular, the obligation not to commit a crime may put pressure on the defendant. It is recommended that defendants who want to benefit from the advantages of the HAGB decision be careful throughout the legal process and receive legal advice.
