Criminal Law

Pronouncement of the Verdict's Delivery Being Suspended (HAGB) Regulation in the Judicial Package 2026

In this article 32 headings
  1. What is the Deferment of the Announcement of the Verdict (HAGB)?
  2. Why Was HAGB Amended with the 12th Judicial Package?
  3. How Was HAGB Before the 12th Judicial Package?
  4. How Will HAGB Be Applied After the 12th Judicial Package?
  5. What Are the Conditions for Rendering a HAGB Decision?
  6. What Are the Consequences of an HAGB (Pronouncement of the Verdict's Delivery Being Deferred) Decision for the Defendant?
  7. What Is the Probation Period for an HAGB Decision?
  8. Does the Statute of Limitations Run During the Probation Period?
  9. What Are the Probation Measures in a HAGB Decision?
  10. For How Long Can Probation Measures Be Applied?
  11. What Happens If the Damage Cannot Be Remedied Immediately?
  12. What Happens If the Probation Period Is Completed Without Any Issues?
  13. What Happens if a New Intentional Crime is Committed During the Probation Period?
  14. What Happens If Obligations Are Not Fulfilled?
  15. The Court's Authority to Render a New Conviction Judgment
  16. Legal Remedy Against the HAGB Decision
  17. How Were Objections to HAGB Decisions Handled Under the Former Regulation?
  18. Why Did the Constitutional Court Render a Decision of Annulment?
  19. The Era of Appeal for HAGB Decisions with the 12th Judicial Package
  20. Does the Right to Object to the HAGB Decision Remain?
  21. Which Matters Does the Objection Authority Examine?
  22. Who is Eligible for an HAGB Decision?
  23. Kimler HAGB’den Yararlanamaz?
  24. Does an HAGB Decision Appear on the Criminal Record?
  25. Does HAGB Mean Acquittal?
  26. HAGB’nin Avantajları Nelerdir?
  27. HAGB’nin Dezavantajları Nelerdir?
  28. Most Common Mistakes in Practice
  29. Evaluation of the HAGB Practice Following the 12th Judicial Package
  30. HAGB Sürecinde Ceza Avukatının Önemi
  31. Conclusion
  32. Frequently Asked Questions (FAQ)

What is the Deferment of the Announcement of the Verdict (HAGB)?

The Deferment of the Announcement of the Verdict (HAGB) is one of the most significant institutions regulated in criminal procedure law in favor of the defendant. When an HAGB decision is rendered, the court establishes a conviction against the defendant; however, this verdict does not immediately produce legal consequences. In other words, although the sentence imposed by the court has been pronounced, it is held in abeyance for a specified period.

If the defendant complies with the obligations stipulated by law and does not commit another intentional offense during this period, the unannounced verdict is completely expunged, and the case is dismissed. Thus, the conviction against the individual does not become final.

The HAGB institution is considered a second chance, particularly for individuals committing a crime for the first time. The objective is not merely to punish, but to ensure the rehabilitation and reintegration of the individual into society.

 


 

Why Was HAGB Amended with the 12th Judicial Package?

The primary reason for the amendment made to the HAGB institution is the annulment decision rendered by the Constitutional Court (AYM).

The Constitutional Court did not consider it sufficient with respect to the freedom to seek legal remedies that only the remedy of objection was available against HAGB decisions and that the scope of this review remained quite limited. Consequently, the legislature comprehensively amended the Code of Criminal Procedure (CMK) to reorganize the HAGB system.

The primary objectives of the new regulation are:

 

    • To strengthen the defendant's right to a fair trial,
    • To expand the scope of appellate/legal remedy review,
    • to comply with the decision of the AYM,
    • to eliminate ambiguities encountered in practice.

 

Thus, it is aimed to establish a more balanced system for both the defendant and the victim.

 


 

How Was HAGB Before the 12th Judicial Package?

In the former system, when the court rendered an HAGB decision, only the remedy of objection could be pursued against this decision.

However, the objection review was mostly conducted merely as a formal examination, and a detailed review concerning the merits of the case was not performed.

This situation gave rise to numerous criticisms in practice. Especially;

 

    • the evaluation of evidence,
    • the lawfulness of the conviction,
    • the accurate determination of the legal qualification of the crime,
    • the accurate calculation of the sentence

 

such matters could not be comprehensively reviewed by the upper-instance court.

Taking these deficiencies into account, the AYM annulled the existing system and deemed a new regulation necessary.

 


 

How Will HAGB Be Applied After the 12th Judicial Package?

According to the new regulation, at the end of the trial held for the defendant, the court may;

 

    • to a prison sentence of two years or less,
    • or to a judicial fine

 

it may decide on the Deferment of the Pronouncement of the Verdict (HAGB).

The important point to note here is that, the provisions regarding mediation are reserved. If the case falls within the scope of mediation, the provisions concerning mediation shall be applied first.

When the court renders a HAGB decision, the given conviction verdict shall not produce legal consequences.

Therefore, the individual;

 

    • does not enter a penal execution institution,
    • the conviction is not deemed final,
    • and the sentence is not executed immediately.

 

However, this does not mean that the sentence is completely eliminated. The judgment is merely suspended pending the fulfillment of certain conditions.

 


 

What Are the Conditions for Rendering a HAGB Decision?

 

    1. Even after the Judicial Reform Package, certain conditions must be met concurrently for a HAGB decision to be issued.

 

 

1. The Sentence Must Be Two Years or Less

The sentence rendered by the court must be;

 

    • imprisonment of two years or less,
    • or a judicial fine.

 

must be fulfilled.

It is not possible to apply HAGB for prison sentences exceeding two years.

 


 

2. The Defendant Must Not Have Been Previously Convicted of an Intentionally Committed Crime

The legislator has established the HAGB institution specifically with regard to first-time offenders.

Therefore, the defendant must not have a prior final conviction for an intentional crime.

On the other hand;

 

    • negligent crimes,
    • certain special circumstances

 

are evaluated separately in practice.

 


 

3. The Court Must Reach the Conviction That the Defendant Will Not Commit Crimes Again

This is one of the most crucial conditions.

Court;

 

    • the defendant's conduct at the hearing,
    • personality traits,
    • whether they show remorse,
    • social standing,

 

and by evaluating these together, must reach a positive conviction that the defendant will not commit crimes again.

The judge shall make this assessment based on the specific characteristics of each concrete case.

 


 

4. The Damage Suffered by the Victim or the Public Must Be Repaid

According to the law, the damage caused by the offense must be;

 

    • restitution in kind,
    • restoration to the status quo ante,
    • or compensation,

 

and thus completely remedied.

If the damage cannot be covered immediately, the court may rule that the damage be paid in installments within the probation period and still decide to apply HAGB.

This regulation provides significant convenience, particularly for defendants with limited financial means.

 


 

Can a Prison Sentence Be Suspended in an HAGB Decision?

No.

 

    1. It has been explicitly regulated by the Judicial Package that the prison sentence adjudicated in a file where an HAGB decision is rendered;

 

 

    • cannot be suspended,
    • nor can it be converted into alternative sanctions, even if it is short-term.

 

This is because there is already an unannounced conviction judgment in place.

The judgment will only produce legal consequences in the event of a breach of the probation period.

 

What Are the Consequences of an HAGB (Pronouncement of the Verdict's Delivery Being Deferred) Decision for the Defendant?

When an HAGB (Pronouncement of the Verdict's Delivery Being Deferred) decision is rendered, although the conviction handed down by the court maintains its legal existence, it does not produce direct legal consequences for the defendant. In other words, even though the court finds the defendant guilty and determines a sentence, this sentence is not yet executed. The legal consequences that the conviction would normally entail are suspended until certain conditions are met.

In this respect, an HAGB is not an acquittal. Likewise, it cannot be considered a final conviction. The legislature grants the defendant a specific probationary period, expecting them to act in compliance with the law and not commit a new offense during this time.

Therefore, in a case where an HAGB decision is rendered;

 

    • The sentence is not executed.
    • The conviction does not immediately produce legal consequences.
    • Execution proceedings do not commence as long as the verdict is not pronounced.
    • Upon the successful completion of the probation period, the case may be completely dismissed.

 

For this reason, HAGB is considered an important protective mechanism, particularly for individuals committing an offense for the first time.

 


 

What Is the Probation Period for an HAGB Decision?

 

    1. Following the amendment made by the Judicial Package, if an HAGB decision is rendered, the defendant shall be subject to probation for a period of 5 years.

 

This five-year period constitutes the most crucial stage of the HAGB institution.

During the probation period, the accused is expected to:

 

    • not commit a new intentional crime,
    • comply with the obligations determined by the court,
    • fulfill the obligation to indemnify damages, if any,

 

.

Throughout the probation period, the conviction verdict will not be pronounced, and the judgment will remain suspended.

The legislator thus grants the individual a second chance.

 


 

Does the Statute of Limitations Run During the Probation Period?

No.

The new regulation explicitly provides that the statute of limitations shall be tolled during the probation period.

This means that:

Under normal circumstances, the statute of limitations in criminal cases continues to run. However, upon the issuance of a HAGB decision, the statute of limitations is tolled throughout the probation period.

Therefore, if the defendant breaches their obligations at the end of the probation period, the court retains the authority to pronounce the judgment.

This provision aims to increase the effectiveness of the HAGB institution.

 


 

What Are the Probation Measures in a HAGB Decision?

When rendering a HAGB decision, the court does not merely postpone the pronouncement of the judgment. If it deems necessary, it may also impose probation measures against the defendant.

The measures enumerated in the law are not exhaustive. The judge may determine appropriate obligations based on the specific circumstances of the case.

The most frequently applied measures are as follows:

 

1. Participation in an Educational Program

If the defendant does not possess any profession or trade, the court may order the individual to participate in a specific training program in order to acquire a profession.

This provision specifically aims at the reintegration of young defendants into society.

 


 

2. Working Under Supervision

If the defendant already possesses a profession, the court may;

 

    • in a public institution,
    • or under the supervision of a private sector employee performing the same job,

 

may decide that they work for a specified period in exchange for a wage.

The purpose here is to strengthen the individual's adaptation to social life rather than punishment.

 


 

3. Prohibition of Visiting Specific Places

Depending on the nature of the crime, the court may prohibit the defendant from going to certain places.

For example;

 

    • certain entertainment venues,
    • the region where the crime was committed,
    • the environment where the victim is located

 

a decision may be rendered ordering them not to approach such places.

 


 

4. Obligation to Continue Frequentin Specific Places

In some cases, conversely, the defendant may be required to regularly attend certain places.

For example;

 

    • training centers,
    • rehabilitation programs,
    • vocational courses

 

are some of these.

 


 

5. Another Obligation to be Determined by the Court

The law grants the judge broad discretionary powers.

Therefore, different obligations that serve the rehabilitation of the defendant back into society may also be determined, beyond those enumerated above.

 


 

For How Long Can Probation Measures Be Applied?

Probation measures to be determined by the court pursuant to the law cannot exceed one year.

Therefore;

 

    • even if the probation period is five years,
    • the duration of the implementation of the obligations is a maximum of one year.

 

However, the defendant's obligation not to commit an intentional crime continues during the five-year probation period.

 


 

What Happens If the Damage Cannot Be Remedied Immediately?

In every case, the damage suffered by the victim may not be compensated at once.

For example;

 

    • economic status,
    • unemployment,
    • due to the high amount of compensation,

 

the defendant may not be able to pay the damage immediately.

The legislator has also regulated this possibility.

Accordingly, the court may;

within the probation period on condition that it is paid in full in monthly installments still render a HAGB (Pronouncement of the Verdict's Announcement Being Deferred) decision.

This regulation provides significant convenience in practice.

It is expected that this method will be frequently resorted to, especially in economic crimes and crimes of property damage.

 


 

What Happens If the Probation Period Is Completed Without Any Issues?

This question is among the most curious topics in practice.

Defendant;

 

    • if they do not commit an intentional crime for a period of five years,
    • if they comply with probation obligations,
    • if they fulfill the condition of compensating for the damages,

 

the court shall completely set aside the unpronounced judgment.

Subsequently;

a decision of dismissal of the case shall be rendered.

The consequence of this decision is quite significant.

Because there will no longer be a conviction judgment to be pronounced.

In other words, the HAGB will have been successfully completed.

 


 

What Happens if a New Intentional Crime is Committed During the Probation Period?

 

    1. This is also one of the most important provisions of the Judicial Package.

 

If the defendant;

 

    • within the probation period,
    • commits a new intentional crime,

 

the court will reopen the case file.

In this case, as a general rule;

the court will pronounce the previously unannounced judgment.

Thus, the pending conviction will begin to produce legal consequences.

The execution process will be administered accordingly.

 


 

What Happens If Obligations Are Not Fulfilled?

Not only the commission of a new crime;

but also breaching the obligations set by the court may lead to significant consequences.

For example;

 

    • failing to attend the educational program,
    • violating probation rules,
    • failing to pay installments,
    • failing to fulfill the obligations determined by the court

 

may cause the court to re-evaluate the file.

However, the new regulation introduces a significant innovation here.

 


 

The Court's Authority to Render a New Conviction Judgment

 

    1. With the Judicial Package, significant discretionary power has been granted to the court.

 

While in previous practice the judgment was directly announced in most cases, under the new system, the judge will be able to re-evaluate the defendant's situation.

Court;

why the obligations could not be fulfilled,

the severity of the violation,

the personal situation of the defendant,

economic conditions,

their good faith

shall evaluate them together.

As a result, the court;

 

    • of the sentence the non-execution of up to half,
    • of the prison sentence its suspension,
    • if the conditions are met to be converted into alternative sanctions

 

will be able to rule.

This regulation provides significant flexibility in favor of the defendant compared to the previous system.

Rather than automatically applying the same consequence for every violation, the judge will now be able to render a fairer decision based on the specific circumstances of the case.

 

Legal Remedy Against the HAGB Decision

Decisions on the Deferment of the Pronouncement of the Verdict (HAGB) have been one of the most debated topics in criminal procedure practice for many years. One of the most important reasons for this is that the scope of the legal remedies available against HAGB decisions is quite limited.

 

    1. The amendments introduced by the Judicial Package have not only altered the conditions for the application of HAGB, but also appellate review significantly. Thus, it is aimed that both the defendant and the intervening party benefit from a more effective legal review.

 

 


 

How Were Objections to HAGB Decisions Handled Under the Former Regulation?

 

    1. Prior to the Judicial Package, primarily objection legal remedies were provided against HAGB decisions.

 

Moreover, the examination conducted by the objection authority was often limited. In particular, the following issues were subject to criticism in practice:

 

    • Inadequate evaluation of evidence,
    • Inability to re-examine the material facts,
    • Inability to comprehensively evaluate witness statements,
    • Inability to thoroughly review the legal characterization,
    • Many aspects regarding the determination of the sentence remaining outside the scope of review.

 

Therefore, there were serious criticisms that the HAGB decision rendered by the court of first instance did not undergo a sufficient upper review in terms of material and legal aspects.

 


 

Why Did the Constitutional Court Render a Decision of Annulment?

The Constitutional Court concluded that the availability of only a limited objection remedy against HAGB decisions freedom to seek legal remedies, right to a fair trial and right to an effective remedy remained inadequate in terms of.

The Court particularly drew attention to the following matters:

 

    • The inability to effectively review the evidentiary assessment of the court of first instance,
    • The inability to conduct a comprehensive review regarding the merits of the conviction judgment,
    • The narrow scope of appellate review,
    • The existence of shortcomings regarding the principles of a fair trial guaranteed by the European Convention on Human Rights.

 

In line with these grounds, it was decided to annul the relevant provisions, and the legislature was obliged to make a new regulation.

 


 

The Era of Appeal for HAGB Decisions with the 12th Judicial Package

One of the most important innovations of the new regulation is that the appellate review path has been opened against HAGB decisions.

Subject to the decisions explicitly stated in the law for which an appeal cannot be filed, HAGB decisions may now also be reviewed by regional courts of appeal.

This amendment is of great importance in practice.

Because appellate review is not limited to performing merely a formal review. The Regional Court of Justice has the authority to examine the file in terms of both substantive facts and legal assessment.

Thus;

 

    • evidence,
    • witness statements,
    • expert witness reports,
    • legal characterization,
    • determination of the sentence,
    • whether the conditions for HAGB have been met

 

can be reviewed in a more comprehensive manner.

 


 

Does the Right to Object to the HAGB Decision Remain?

Yes.

The legal mechanism of objection has not been entirely abolished with the new regulation.

However, the scope of the objection has been explicitly limited by law, particularly regarding decisions rendered after the pronouncement of the verdict.

Accordingly, against decisions of the court such as;

 

    • pronouncing the verdict,
    • establishing a new conviction,
    • deciding that a part of the sentence shall not be executed,
    • suspending the prison sentence,
    • converting it into alternative sanctions,

 

against decisions such as to the remedy of objection an application may be made.

The objection authority shall solely examine whether the conditions specified in the law have been met.

Therefore, the scope of the objection and the scope of the appellate review differ from one another.

 


 

Which Matters Does the Objection Authority Examine?

As explicitly stated in the law, the objection authority shall conduct its review strictly limited to the conditions set forth in the relevant paragraph.

In other words;

the objection authority shall not conduct a retrial,

shall not re-evaluate all evidence from scratch,

and shall not perform a comprehensive review regarding the merits of the case file.

The review shall primarily consist of;

 

    • whether the legal conditions have been fulfilled,
    • and whether the court has exercised its discretionary power in compliance with the law.
    • whether procedural rules are complied with

 

will be carried out within the framework of.

 


 

Who is Eligible for an HAGB Decision?

HAGB is not a legal institution applicable to every defendant.

The conditions specified in the law must be met collectively.

In general, individuals who meet the following conditions may benefit from HAGB’s provisions:

 

    • Those who have been sentenced to imprisonment of two years or less, or to a judicial fine,
    • Those who do not have a prior final conviction for an intentional offense,
    • Those for whom the court forms a positive conviction that they will not commit offenses again,
    • Those who have fully compensated the damage suffered by the victim or the public, or have undertaken to compensate it in the manner determined by the court,
    • Individuals for whom there is no special provision in the law preventing the application of HAGB.

 

Since each specific case has its own unique circumstances, the court will evaluate these conditions individually.

 


 

Who Cannot Benefit from HAGB’s Provisions?

As a rule, HAGB cannot be applied in the following cases:

 

    • Sentencing to imprisonment for more than two years,
    • The defendant having a prior final conviction for an intentional offense,
    • The court failing to reach a positive conviction that the defendant will not commit crimes again,
    • Failure to indemnify the damage,
    • Offenses for which the law explicitly states that HAGB cannot be applied.

 

In addition, certain special laws may contain provisions preventing the application of HAGB regarding specific offenses.

Therefore, the specific conditions of each case file must be evaluated separately.

 


 

Does an HAGB Decision Appear on the Criminal Record?

This is one of the most frequently asked questions in practice.

An HAGB decision, as it does not constitute a final conviction ruling, it is not recorded as a conviction on the criminal record.

Nevertheless, HAGB decisions, pursuant to the relevant legislation , are maintained in a specific registry system and can be viewed by authorized authorities in cases permitted by law.

The purpose of these records is, in particular, to determine whether a new HAGB decision can be issued regarding the same person.

 


 

Does HAGB Mean Acquittal?

No.

This matter is frequently confused in practice.

An HAGB decision is;

 

    • not an acquittal,
    • not a dismissal of the case,
    • nor is it a decision of no grounds for punishment.

 

The court concludes that the defendant committed the crime and establishes a conviction. However, the legal consequences of this ruling are suspended for a certain period.

Therefore, HAGB is a special criminal procedure institution regarding the deferment of the announcement of the verdict.

 


 

What Are the Advantages of HAGB’?

When applied correctly, HAGB can provide significant benefits for both the individual and the criminal justice system.

The main advantages are as follows:

 

    • Granting a second chance to first-time offenders,
    • The sentence not being executed immediately,
    • Dismissal of the case upon the successful completion of the probation period,
    • Serving the purpose of reintegration into society,
    • Contributing to the reduction of overcrowding in penal institutions,
    • Ensuring stronger judicial review thanks to the possibility of appellate review introduced by the new regulation.

 

 


 

What Are the Disadvantages of HAGB’?

Although it is an institution in favor of the defendant, certain consequences of HAGB must be carefully evaluated.

For example;

 

    • Committing a new intentional crime during the five-year probation period entails significant consequences.
    • In the event of failure to comply with the obligations determined by the court, the verdict may be announced.
    • Regarding certain public duties or private law relationships, indirect effects of the HAGB decision may come into question.
    • Accepting HAGB in every case may not be the most appropriate option for the defendant.

 

Therefore, it is important to obtain a legal evaluation from a criminal defense lawyer before a decision is rendered in files where HAGB is proposed.

 


 

Most Common Mistakes in Practice

The frequent mistakes made by parties during the HAGB process are as follows:

 

    • Mistaking the HAGB decision for an acquittal,
    • Disregarding obligations throughout the probation period,
    • Ignoring the impact of a new intentional crime on HAGB,
    • Failing to fulfill the restitution or compensation obligation in a timely manner,
    • Missing the statutory deadlines for legal remedies.
    • Confusing the remedies of appeal and objection.

 

Since such errors may lead to legal consequences that are difficult for the accused to remedy, the process must be followed with utmost care.

 

Evaluation of the HAGB Practice Following the 12th Judicial Package

 

    1. The amendments introduced by the Judicial Package regarding the institution of the Pronouncement of the Verdict Being Held Back (HAGB) are not limited to technical regulations within the text of the law. These amendments directly affect both the fundamental rights and freedoms of the accused and the operation of criminal proceedings.

 

In particular, the new system introduced following the annulment decision of the AYM aims to subject HAGB decisions to a more robust judicial review. Thus, it has been ensured that decisions of the court of first instance can be reviewed more comprehensively by higher courts, addressing a significant deficiency regarding the freedom to seek legal remedies.

In addition, it is noteworthy that courts are granted broader discretion regarding defendants who fail to fulfill their obligations during the probation period. Rather than the verdict being automatically pronounced upon every violation, alternative solutions—such as the non-execution of a part of the sentence, the suspension of the prison sentence, or conversion into alternative sanctions—can now be applied by considering the specific circumstances of the case.

In this respect, the new regulation brings the principle of individualization in the criminal justice system to the forefront.

 


 

In the HAGB Process The Importance of a Criminal Defense Lawyer

Although an HAGB decision may seem like an institution in favor of the accused at first glance, it does not yield the same outcome in every case. In some instances, continuing the proceedings with the objective of an acquittal rather than accepting an HAGB decision may be a more appropriate choice for the accused.

For example;

 

    • that the evidence was obtained unlawfully,
    • there is insufficient evidence that the crime was committed by the defendant,
    • the legal qualification was made incorrectly,
    • grounds for justification exist,

 

it may be more appropriate to present a defense geared toward acquittal rather than accepting HAGB in the case files.

Conversely, in cases where the crime is established, the sentence amount remains within the limits of HAGB, and other conditions are met, HAGB can provide a significant legal advantage for the defendant.

Therefore, acting solely with the mindset of "avoiding a penalty" without evaluating the specifics of the case is incorrect. The decision to accept or reject HAGB must be made by jointly evaluating the evidence in the case, the nature of the crime, and the legal status of the defendant.

 


 

Conclusion

The institution of the Pronouncement of the Verdict Being Suspended (HAGB) is an important legal mechanism that has been applied in the Turkish criminal procedure system for many years, aiming particularly at the reintegration of first-time offenders into society.

 

    1. Significant amendments have been made to this institution with the Judicial Package; in line with the annulment decision of the Constitutional Court, provisions regarding both the appellate system and the probation/supervision process have been reorganized.

 

With the new regulation;

 

    • the path of appeal against HAGB decisions has been significantly expanded,
    • courts have been granted more flexible decision-making authority against violations,
    • the defendant's freedom to seek legal remedies has been strengthened,
    • It is aimed to resolve many uncertainties encountered in practice.

 

However, every criminal case has its own unique characteristics. Therefore, whether HAGB can be applied, which legal remedy to resort to, and the defense strategy to be followed must be determined by evaluating all the evidence in the case together.

 


 

Frequently Asked Questions (FAQ)

 

What is HAGB?

HAGB is a criminal procedure institution which means the postponement of the announcement of the conviction judgment rendered by the court under certain conditions.

 


 

Does HAGB mean an acquittal?

No. HAGB is not an acquittal decision. The court renders a conviction judgment, but postpones this judgment from producing legal consequences.

 


 

Is an HAGB decision a finalized conviction?

No. An HAGB decision does not constitute a final conviction judgment.

 


 

What is the probation period in HAGB?

According to the new regulation, the probation period is 5 years.

 


 

Is the sentence executed in an HAGB decision?

No. As long as the judgment is not announced, the sentence is not executed.

 


 

For which sentences can HAGB be applied?

It can be applied in prison sentences of two years or less and judicial fines, provided that other conditions are also met.

 


 

Is it mandatory to compensate for the damage in HAGB?

Yes. The damage suffered by the victim or the public must be completely remedied through restitution, restoration to the original state, or compensation. Where necessary, the option of payment in installments may also be granted.

 


 

Can a prison sentence be suspended in an HAGB decision?

At the moment the HAGB (Pronouncement of the Verdict's Announcement Being Postponed) decision is rendered, the sentenced imprisonment cannot be suspended, nor can it be converted into alternative sanctions, even if it is for a short term.

 


 

What happens if an intentional crime is committed during the probation period?

As a rule, the court pronounces the previously unannounced verdict. However, within the scope of the new regulation, it may also render different decisions depending on the specific circumstances of the case.

 


 

What happens if the obligations are not fulfilled during the probation period?

The court may evaluate the nature of the violation and pronounce the verdict, or if the conditions stipulated by law are met, it may establish a new verdict yielding more lenient consequences.

 


 

Is the regional appellate remedy available against the HAGB decision?

Yes. Following the amendment made by the 12th Judicial Package, appeals against HAGB decisions can be filed with the regional court of appeal (istinaf), except for the cases exempted by law.

 


 

Can an objection be filed against the HAGB decision?

Yes. It is possible to resort to the remedy of objection (itiraz) in cases specified by law.

 


 

Does HAGB appear on the criminal record?

It is not recorded in the criminal record as a finalized conviction. However, it is retained in certain registry systems within the scope of relevant legislation.

 


 

Does HAGB constitute an obstacle to holding public office?

The answer to this question may vary depending on the specific circumstances of the case, the nature of the committed offense, and the relevant special legislation. Each case must be evaluated individually.

 


 

Does the HAGB decision create a criminal record?

Since it does not constitute a finalized conviction, it does not create a criminal record in the classical sense.

 


 

Can the HAGB decision be vacated?

If the probationary period is successfully completed without any issues, the unannounced verdict is annulled and a decision of dismissal of the case is rendered.

 


 

When does the case drop in HAGB’s?

If the defendant does not commit another intentional crime during the five-year probationary period and complies with their obligations, the case is dismissed.

 


 

Can every defendant benefit from HAGB’s?

No. All conditions stipulated by law must be met collectively.

 


 

What happens if HAGB is not accepted?

The court pronounces its judgment, and the case file becomes subject to legal remedies in accordance with general provisions.

 


 

Can HAGB be granted again after a previous HAGB decision?

Pursuant to the law, a new HAGB decision cannot be rendered regarding the individual for an intentional crime committed within the probation period.

 


 

We Provide Legal Support as Batın Yılmaz Law Firm

The Pronouncement of the Verdict Being Held Back (HAGB) decision is one of the most critical stages of criminal proceedings. The acceptance or rejection of HAGB, applying for appeal or objection against the decision, and managing the probation process correctly can directly affect an individual's legal future.

Batın Yılmaz Law Firm We provide legal consultancy and advocacy services to our clients in criminal investigations and prosecutions, including HAGB evaluations, appeal and objection applications, the determination of defense strategies in criminal trials, and all criminal law processes.

Criminal Law You may contact us to receive professional support in this field and request a legal evaluation tailored to the specifics of your case.

Atty. Batın YILMAZ – Attorney at Law, Istanbul Bar Association

 

This article is for general informational purposes and does not constitute legal advice. Legislation and practice may have changed after the publication date; you may consult us for an evaluation specific to your file.

Atty. Batın Yılmaz

Author

Atty. Batın Yılmaz

Founding attorney of Batın Yılmaz Law Firm. He provides litigation and legal consultancy services in criminal law, corporate law, administrative law, real estate law, enforcement and bankruptcy law, and compensation law, as well as immigration and citizenship law.

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