Suspension of Pronouncement of Judgment (HAGB): Conditions, Supervision, and Recent Legal Changes

Under Article 231 of the Criminal Procedure Code, the Suspension of Pronouncement of Judgment (HAGB) allows for the withholding of a conviction under specific conditions, placing the defendant under a probationary period. Recent annulment decisions by the Constitutional Court have led to modifications in the application of HAGB.

The application of HAGB requires certain essential conditions:

• No prior conviction for an intentional crime: The defendant must have no prior conviction for an intentional offense.
• Positive assessment of defendant’s likelihood not to re-offend: The court must find, based on the defendant’s personal characteristics and courtroom conduct, that the defendant is unlikely to commit further crimes.
• Compensation for damages to the victim or public: Damages must be fully compensated by restitution, restoration, or indemnification.

Previously, HAGB required the defendant’s consent, but recent amendments have removed this condition. HAGB may now be applied without the defendant’s explicit approval.

If HAGB is granted, the defendant is subject to a five-year probationary period. During this period, several rehabilitation-focused probation measures may be imposed:

• Participation in educational programs to gain a vocation or skill,
• Employment in a public institution or private sector job under supervision,
• Restrictions on visiting certain locations or adherence to other specified obligations.

If the defendant commits no intentional offense and complies with these measures during the probationary period, the HAGB is lifted, and the case is dismissed. However, if a new offense is committed or conditions are violated, the court announces the original judgment, and the sentence may be carried out.

If the defendant fails to meet the probation requirements, the court may choose to:

• Suspend a portion of the sentence: The court may waive up to half of the sentence for non-compliance with specific obligations.
• Convert the sentence to an alternative sanction: Under appropriate conditions, the sentence may be converted to community service or similar sanctions.

Following the Constitutional Court’s annulment decision in 2023, important changes have been made to the scope of HAGB:

• Exclusion of confiscation orders from HAGB: Confiscation orders are no longer included under HAGB.
• HAGB records are restricted to judicial use only: Although recorded, HAGB records are accessible only to judicial authorities and not to the public.

These adjustments aim to make HAGB a more limited application strictly within judicial processes.

This article was prepared by Attorney Hüseyin Bayar, founder of Bayar Law Firm, and belongs to Bayar Law Firm. It cannot be copied or used without permission.