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The suspension of the announcement of the verdict (HAGB) is a practice included in the Turkish Penal Code and is an important judicial decision in criminal cases. In this article, we will discuss in detail what HAGB is, its legal framework and how it is implemented.<\/p>\n
What is the Suspension of the Announcement of the Verdict (HAGB)?
\nDefinition: HAGB means the postponement of the announcement of a criminal verdict given by a court, provided that the defendant complies with his\/her obligations during a certain supervision period. If the conditions are met at the end of this period, the sentence is not announced and the defendant is deemed not to have been sentenced to any punishment.
\nExample: If the defendant does not commit a crime during the two-year supervision period, the verdict given by the court is never announced and is not recorded in his\/her criminal record.
\nLegal Framework of HAGB
\nLegal Basis: HAGB is regulated in Article 231 of the Turkish Penal Code. According to this article, the court may issue a HAGB decision when certain conditions are met.
\nConditions:
\nThe sentence given to the defendant is 2 years or less in prison or a fine.
\nThe defendant has no criminal record, meaning that he\/she has not been convicted of a deliberate crime before.
\nThe court has a positive opinion that the defendant will refrain from committing a crime.
\nExample: The court may issue a HAGB decision for a person who commits a traffic offense for the first time.
\nConditions of HAGB Application
\nSupervision Period: After the HAGB decision is issued, the defendant is subject to a 5-year supervision period. During this period, the defendant must refrain from committing a crime and comply with the specified obligations.
\nExample: The court may impose an obligation on the defendant to work on a certain social project during the supervision period.
\nWhat Happens at the End of the Supervision Period? If the defendant complies with his\/her obligations during the supervision period, the verdict will never be announced and will not be recorded in the criminal record. The defendant is deemed not to have been punished before the court.
\nExample: He\/she is treated as innocent and no punishment will appear on his\/her criminal record.
\nCases Where HAGB Decision Cannot Be Made
\nSerious Crimes: HAGB decision cannot be applied to crimes with a sentence of more than two years. In addition, HAGB is not applied to certain crimes such as terrorism crimes, sexual crimes or crimes committed against the state.<\/p>\n
Example: While HAGB can be applied to a theft crime, it cannot be applied to terrorism crimes.<\/p>\n
Intentional Crime: In cases of intentional crimes such as intentional injury or damage to property, HAGB cannot be applied if the sentence for these crimes is more than 2 years.<\/p>\n
Example: A defendant who intentionally causes injury to a person cannot benefit from HAGB if his sentence is more than 2 years.<\/p>\n
Consequences of HAGB Decision
\nImpact on Criminal Records: When a HAGB decision is made, the sentence is not recorded in the criminal record. However, it remains in the criminal court archives during the probation period and is completely eliminated at the end of the period.<\/p>\n
Example: In job applications or cases where a criminal record is requested, this information is not included in the person’s criminal record.
\nCommitting a Crime During the Supervision Period: If the defendant commits a new crime during the supervision period, the HAGB decision is overturned and the previously deferred sentence is announced. In this case, the defendant must serve the sentence given.<\/p>\n
Example: If a defendant who has been given a HAGB decision commits a crime during the supervision period, the deferred sentence is announced and executed.<\/p>\n
Advantages of HAGB for the Defendant
\nNot Entering the Criminal Record: HAGB ensures that the criminal record remains clean and does not have negative effects on future business and social life.<\/p>\n
Example: A person who commits a crime for the first time can continue his life without a criminal record.<\/p>\n
Sentence Deferral and Mitigation: Depending on the severity of the crime and the defendant’s past, the court gives the defendant a chance by giving a HAGB decision. This is seen as a way to defer the sentence.<\/p>\n
Example: A person who commits petty theft can avoid being sentenced with a HAGB decision.<\/p>\n
Importance of HAGB in Practice
\nOpportunity for First-Time Offenders: HAGB offers a rehabilitation opportunity for people who commit crimes for the first time. The defendant is exempt from being penalized if he\/she completes the probation period without making any mistakes during this process.<\/p>\n
Example: A driver who commits a traffic offense for the first time can avoid being penalized by benefiting from HAGB.<\/p>\n
Contribution to Social Peace: The application of HAGB for minor crimes ensures that restorative justice is prioritized over punitive justice in society.<\/p>\n
Example: A young individual who commits the crime of wounding in a fight can be reintegrated into society with HAGB.<\/p>\n
8. Why is HAGB Important?<\/p>\n
The suspension of the announcement of the verdict is an important mechanism that gives the defendant a second chance in criminal proceedings. It provides opportunities for individuals to avoid having their criminal records negatively affected and to avoid problems in their work and social life. However, in order to benefit from this opportunity, it is necessary to act in accordance with the law during the probation period.","protected":false},"excerpt":{"rendered":"
What is the Suspension of the Announcement of the Verdict? Legal Framework and Application The suspension of the announcement of the verdict (HAGB) is a practice included in the Turkish Penal Code and is an important judicial decision in criminal cases. In this article, we will discuss in detail what HAGB is, its legal framework […]<\/p>\n","protected":false},"author":12,"featured_media":8713,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8699","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\/8699","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=8699"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8699\/revisions"}],"predecessor-version":[{"id":8860,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8699\/revisions\/8860"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/8713"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=8699"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=8699"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=8699"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}