What Does Non-Subsistence Sentence Mean?
The term “non-sustainable sentence”, which is one of the frequently heard concepts in criminal law, has been a matter of curiosity for many people. This concept, which comes to the fore especially in relation to the execution process of sentences given in courts, is very important in terms of understanding the legal processes. So, what does non-sustainable sentence mean? In which cases is it applied? Here are the details…
What is Non-Sustainable Sentence?
Non-sustainable sentence means that the prison sentence given by the court is not actually executed in prison. In other words, even if the person is convicted, he/she can be released without serving time in prison, under certain conditions, or the sentence can be executed by alternative methods.
There are various reasons for this situation to occur. These are generally as follows:
Suspension of the announcement of the verdict (HAGB)
Conversion into a judicial fine
Suspended prison sentences
Implementation of probation
Special regulations in the execution law
In Which Cases Does Non-Susistence Sentence Apply?
Suspension of Announcement of Sentence (HAGB)
The HAGB regulation in the Turkish Penal Code stipulates that the sentence will not be executed for defendants who meet certain conditions. If a person is sentenced to a prison sentence of 2 years or less and has not committed a deliberate crime before, the court may not announce the sentence and may completely drop the case if the defendant does not commit a crime for a certain period of time.
Conversion to a Judicial Fine
The court may convert short-term prison sentences into judicial fines when certain conditions are met. Thus, the person may maintain their freedom by paying a specified amount of fine instead of serving time.
Suspension of Imprisonment
If the defendant is sentenced to a prison sentence of 2 years or less and has no previous criminal record, the court may suspend the sentence. If the defendant does not commit any crime during the suspension period, the sentence will not be executed.
Implementation of Supervised Release
A supervised release regulation may be applied especially for prison sentences of 1 year or less. In this system, the convict is considered to have served his/her sentence when the supervision process is completed under certain conditions before entering prison.
Special Regulations Within the Scope of the Execution Law
Due to the execution laws or amnesty regulations enacted from time to time in Turkey, some convicts can complete their sentences without entering prison. In particular, execution reductions, transfer to open prisons and special regulations introduced for certain crimes are among the non-custodial sentences.
For Which Crimes Can Non-custodial Sentences Be Applied?
Non-custodial sentences are generally applied to less serious crimes. For example:
Insult crime
Simple wounding
Threat
Fraud (simple form)
Traffic crimes
Intentional and negligent wounding crimes
However, non-custodial sentences are not applied to serious crimes, especially deliberate murder, sexual crimes, terror crimes and organized crimes.
Non-custodial sentences are a legal mechanism that ensures that people do not serve time in prison despite being sentenced to prison for the crimes they committed. This situation may vary depending on the nature of the crime, the criminal record of the defendant, and the discretion of the court. If you or your relatives would like to obtain information about the status of a sentence you received, the best approach would be to contact a lawyer and get legal support.
