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<\/p>\nIn the legal system, the penal processes of individuals who commit crimes can be managed in different ways. In this context, probation and deferral of sentence are two important practices aimed at criminals. However, there are significant differences in terms of the purpose, operation and results of these two concepts. Here are the differences between probation and deferral of sentence:<\/p>\n
<\/p>\n
1. Definition and Purpose
\nProbation:
\nProbation allows convicts to spend a certain part of the sentence execution process without their freedom being restricted under the conditions determined by the court. This practice aims to reintegrate the individual into society and rehabilitate him\/her.
\nPostponement of Sentence:
\nPostponement of sentence is the non-implementation of the prison sentence or judicial fine imposed by the court for a certain period of time and the perpetrator is kept under supervision during this period. This practice is carried out in order to observe the perpetrator’s future behavior.
\n2. Application Conditions
\nProbation:
\nThe execution of the convict’s sentence must have started.
\nIt is usually applied to short-term prison sentences.<\/p>\n
The convict must comply with the specified conditions for a certain period of time (for example, reporting regularly to the probation officer).<\/p>\n
Suspension of Sentence:
\nIn order for the sentence to be suspended, the court deems it necessary to comply with the conditions. For example, first-time offence or the nature of the crime.
\nA specific supervision period is determined and it must be proven that the offender has not committed any crime during this period.<\/p>\n
3. Process and Monitoring
\nProbation:
\nThe convict is kept under certain supervision during the probation period.
\nThey are monitored by the supervision officers and report regularly when necessary.
\nIf the convict does not comply with the specified conditions, the sentence may be re-enforced.
\nSuspension of Sentence:
\nSuspension of sentence is limited to a certain period of supervision.
\nDuring this period, the offender must comply with the conditions determined by the court. For example, working in a job or participating in social service activities.
\nWhen the supervision period is completed and no crime is committed, the sentence is waived.
\n4. Examples
\nProbation Example:
\nA person is sentenced to 6 months in prison for drug possession. The court, believing that this person will rehabilitate, decides that 4 months of the sentence will be spent on probation. During this process, the person must regularly report to the probation officer.<\/p>\n
Postponement of Sentence Example:
\nA person has committed theft for the first time and the court has sentenced him to 1 year in prison. Considering the person’s condition, the court decides to postpone the sentence for 2 years. If the person does not commit a new crime during this period, the sentence will be dropped.<\/p>\n
5. Conclusion<\/p>\n
Probation and postponement of sentence are two important mechanisms for the rehabilitation and reintegration of criminals into society. Both practices have different processes and conditions. As lawyers, it is important to provide our clients with accurate information about these processes and offer them the most appropriate solution.","protected":false},"excerpt":{"rendered":"
Differences Between Probation and Deferral of Sentence In the legal system, the penal processes of individuals who commit crimes can be managed in different ways. In this context, probation and deferral of sentence are two important practices aimed at criminals. However, there are significant differences in terms of the purpose, operation and results of these […]<\/p>\n","protected":false},"author":12,"featured_media":8132,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8120","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8120","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=8120"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8120\/revisions"}],"predecessor-version":[{"id":8156,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8120\/revisions\/8156"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/8132"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=8120"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=8120"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=8120"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}