What Does The Suspension of The Pronouncement of The Verdict Mean?

Under Article 231(5) et seq. of the CCP, HAGB refers to the deferral of the legal effect of a conviction handed down against a defendant, conditional on the defendant not committing a new intentional offence during a defined supervision period and complying with any obligations imposed. The purpose of the institution is to avoid severing the social ties of a first-time or minor offender while limiting the impact of the criminal process on them.

HAGB does not prevent the defendant from exercising their civil rights and, as a rule, does not trigger the disqualifications that normally follow a conviction. Because the conditions and consequences vary from file to file, it can be useful to seek guidance from an İzmir criminal lawyer on this subject.

Under Article 231 of the CCP, a HAGB decision requires that the following conditions all be met:

• The sentence imposed on the defendant is imprisonment of two years or less, or a judicial fine
• The defendant has not previously been convicted of an intentional offence
• The court, having assessed the defendant's personal characteristics and conduct during the trial, is satisfied that they will not reoffend
• The loss suffered by the victim or the public as a result of the offence has been fully compensated, whether through restitution, restoration, or indemnification
• The defendant has consented to the HAGB decision

If any one of these conditions is not met, the court cannot issue a HAGB decision and the verdict is pronounced directly. The law also provides certain exceptions for specific categories of offence to which HAGB does not apply, so it is advisable to check the current legislation applicable to the specific offence involved.

A defendant subject to a HAGB decision is, as a general rule, placed under supervision for five years; for children in conflict with the law, this period is three years. During the supervision period, the court may impose certain obligations on the defendant, such as acquiring a trade or profession, attending designated institutions, or complying with probation measures.

If the defendant does not commit a new intentional offence and complies with the obligations imposed during the supervision period, the court, at the end of that period, sets aside the verdict and dismisses the case. The defendant then returns to their legal status prior to the proceedings.

If, on the other hand, the defendant commits an intentional offence or breaches their obligations during the supervision period, the court pronounces the previously deferred verdict. In that case, the defendant serves the deferred sentence and is separately prosecuted for the new offence committed during the supervision period.

Because a HAGB decision is not itself a conviction, it is not entered on the general criminal record accessible to third parties; such decisions are instead kept in a separate register. Once the supervision period is completed without violation and the case is dismissed, the record of the HAGB decision is also removed from that register.

HAGB and the suspension of a sentence are often confused in practice but produce different outcomes. Under HAGB, the court withholds pronouncement of the verdict and may ultimately dismiss the case; under a suspended sentence, the conviction is pronounced and entered into effect, and only the enforcement of the sentence is deferred to the end of the supervision period. As a result, a suspended sentence is recorded as a conviction on the criminal record, whereas a HAGB decision is not.

Under Article 231(12) of the CCP, an objection may be filed against a HAGB decision. The objection must be submitted, within the period prescribed by law from the date the decision becomes known, to the court that issued the decision or to the objection authority located where that court sits. Upon objection, the file is reviewed to determine whether the conditions for HAGB were in fact met in the specific case.

Because the procedural rules governing criminal proceedings can change over time, it is important to confirm the applicable legal remedy and time limits against a HAGB decision by reference to the legislation in force on the date the decision was issued.

As a rule, a HAGB decision does not restrict the defendant's civil or political rights. However, for offences against state security or the constitutional order, and in certain situations separately regulated under specific statutes, a HAGB decision may have distinct consequences for admission to public office or certain professions. Such particular circumstances need to be assessed separately in light of the relevant legislation and the specifics of the file. Support with matters of this kind is provided across İzmir, particularly in Karabağlar, Konak, and Buca.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy