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In the Turkish legal system, prison sentences given by the courts are not always executed in prison. Under certain conditions, criminals can serve their sentences through alternative means without going to prison. In this article, we will examine in items and explain with examples the cases in which prison is not entered.<\/p>\n
1. Postponement of the Announcement of the Sentence (HAGB)<\/p>\n
Postponement of the announcement of the sentence means postponing the execution of the sentence given under certain conditions. Conditions of HAGB:<\/p>\n
The defendant must not have been sentenced to a deliberate crime before
\nThe court is convinced that it would be sufficient for the defendant to be subject to a period of supervision<\/p>\n
Example: A person is sentenced to 1 year in prison for the first time for simple wounding. If the court issues a HAGB decision and the person does not commit a crime for 5 years, this sentence is considered never to have been implemented.<\/p>\n
2. Commutation into a Judicial Fine<\/p>\n
If the sentence for the crime committed is 2 years or less, the court may commute the prison sentence into a judicial fine. This allows a specified amount of money to be paid instead of going to prison.<\/p>\n
It is given considering the nature of the crime and the defendant’s past.
\nIf the fine is not paid, there is a risk of going to prison.<\/p>\n
Example: A person who causes injury through negligence in a traffic accident is sentenced to 1 year in prison. However, the court converts this sentence into a judicial fine and the person pays the specified amount instead of going to prison.<\/p>\n
3. Suspension of the Prison Sentence<\/p>\n
For people who are sentenced to 2 years or less, the sentence may be postponed. For this:<\/p>\n
The person must have no criminal record
\nThere must be an opinion that the crime will not be committed again
\nThe court must decide that it is sufficient for the defendant to be kept under supervision without going to prison.<\/p>\n
Example: A person is sentenced to 6 months in prison for the crime of insult. The court postpones the sentence on the grounds that the person has no previous criminal record and is of good conduct. If this person does not commit a crime during the probation period, the sentence will not be applied.<\/p>\n
4. Conditional Release According to the Execution Law<\/p>\n
A certain number of convicts do not have to serve their entire sentence in prison. According to the Execution Law:<\/p>\n
They can be conditionally released after serving 1\/2 of the sentence, and for some crimes, 3\/4 of the sentence in prison.
\nIf they do not commit a crime during the probation period, their sentence ends.<\/p>\n
Example: If a person is sentenced to 4 years in prison, they will spend 2 years in prison if they show good conduct and complete the remaining time outside.<\/p>\n
5. Probation<\/p>\n
Probation is an alternative execution method, especially for short-term prison sentences. Under certain conditions, criminals are tried to be reintegrated into society without going to prison. It is usually applied for sentences of 1 year or less.<\/p>\n
Example: A person is sentenced to 1 year in prison, the court decides on probation and the person completes his sentence by working outside, in social services.<\/p>\n
Criminal law offers various mechanisms that ensure that going to prison is not the only way for every criminal. Short-term sentences can be served through alternative methods, such as postponement of the announcement of the verdict, judicial fines, suspension of imprisonment and probation. However, each of these applications is subject to certain conditions and is evaluated at the discretion of the courts.","protected":false},"excerpt":{"rendered":"
How Many Years of Sentences Do Those Who Get Sentenced Not Go to Prison? In the Turkish legal system, prison sentences given by the courts are not always executed in prison. Under certain conditions, criminals can serve their sentences through alternative means without going to prison. In this article, we will examine in items and […]<\/p>\n","protected":false},"author":12,"featured_media":9524,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-9523","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\/9523","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=9523"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/9523\/revisions"}],"predecessor-version":[{"id":9882,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/9523\/revisions\/9882"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/9524"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=9523"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=9523"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=9523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}