New Rules on the Deferral of the Announcement of the Verdict (HAGB)

What is HAGB?

Deferral of the announcement of the verdict (HAGB) is a legal mechanism that, where certain conditions are met, prevents the judgment rendered against the defendant from producing legal effects. Article 15 of Law No. 7589 (7589 sayılı Kanun) has revised paragraphs five to fourteen of Article 231 of the Code of Criminal Procedure No. 5271 (5271 sayılı Ceza Muhakemesi Kanunu).

Basic conditions

Under the new rules, the court may order HAGB if the sentence imposed is imprisonment for two years or less or a judicial fine. This requires:

• That the defendant has not previously been convicted of an intentional offence,

• That the court, taking into account the defendant's personal characteristics and conduct and demeanour at the hearing, is satisfied that the defendant will not commit another offence,

• That the damage suffered by the victim or the public as a result of the offence is fully remedied through restitution in kind, restoration to the position before the offence, or compensation

These conditions must be met. If the damage cannot be remedied immediately, HAGB may also be ordered on condition that compensation is paid in monthly instalments during the supervision period.

Supervision period

If HAGB is ordered, the defendant is subject to a supervision period of five years. During this period, no further HAGB decision may be issued in respect of the person for an intentional offence, and the limitation period for prosecution is suspended. If the supervision period is completed in compliance with the rules, the judgment whose announcement was deferred is set aside and the case is dismissed.

The most significant change: The right of appeal

The new rules expressly provide that an HAGB decision may be appealed to a regional appellate court. On appeal and cassation, the decision and judgment will be reviewed for procedural and substantive errors of law. This change is significant in subjecting HAGB decisions to more comprehensive review.

Offences to which HAGB does not apply

The provisions on HAGB do not apply to offences of torture and torment, or to offences committed by public officials in connection with their duties that may constitute ill-treatment within the scope of Article 17 of the Constitution (Anayasa).

This article is intended for general information and does not constitute legal advice.