November 12, 2024
General Law
· Criminal law
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Suspension of the announcement of the verdict is a court decision that refers to the postponement of the announcement of the sentence imposed by the court, provided that the defendant does not commit a deliberate crime within a certain period of time. According to the Turkish Penal Code, HAGB is an institution that allows the defendant to be freed from having a criminal record. With this decision, if the person does not commit a crime during the specified supervision period before the verdict becomes final, the sentence given by the court is deemed not to have been announced and is not recorded in the criminal record.
According to the decision to defer the announcement of the verdict, the sentence given to the defendant is not announced during the determined probation period. However, if the defendant commits a crime again during this period, the sentence given by the court is no longer postponed and the sentence is announced. In this case, the defendant faces the execution of his sentence and the sentence is recorded on his criminal record.
According to the decision to defer the announcement of the verdict, the probation period given is generally determined as five years. If the defendant does not commit a crime again during this period, the sentence is never announced and is not recorded on his criminal record. However, if the crime is committed again, the sentence postponed by the court is announced and the execution phase begins.
In order to decide to postpone the announcement of the verdict, certain conditions must be met:
The suspension of the announcement of the verdict cannot be applied to certain crimes. These are:
The sentence given to the defendant under the Postponement of Announcement of Verdict is not announced during the specified probation period. However, if the defendant commits a crime again during this period, the sentence given by the court is no longer postponed and the sentence is announced. In this case, the defendant faces the execution of the sentence and the sentence is recorded in the criminal record.
The probation period given in accordance with the Postponement of Announcement of Verdict decision is generally determined as five years. If the defendant does not commit a crime again during this period, the sentence is never announced and is not included in the criminal record. However, in the event of a re-crime, the sentence that was suspended by the court is announced and the execution phase is started.
There is a right to appeal against the Postponement of Announcement of Verdict decision. This appeal must be made within 7 days from the date the court made its decision. The process for appealing the Postponement of Announcement of Verdict decision works as follows:
The Postponement of Announcement of Verdict decision provides certain advantages for the defendant. It is a great advantage that the defendant does not appear to have a criminal record, especially since it is not recorded in the criminal record. This situation has positive consequences for the defendant in terms of finding a job, receiving education and continuing his social life. In addition, if the Postponement of Announcement of Verdict decision is not announced, the defendant’s civil service rights and the status of benefiting from other public services will not be negatively affected.
The decision to postpone the announcement of the verdict aims to give the defendant a second chance in order to minimize the risk of re-offending. However, it is also a balancing act that this decision should not be applied to crimes that may hurt public conscience. Therefore, Postponement of Announcement of Verdict is applied carefully in order to protect social order and individual rights.
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