Criminal

Deferral of the announcement of the verdict (HAGB)

The mechanism deferring announcement of a conviction subject to supervision, annulled by the Constitutional Court and no longer in force.

All terms

Deferral of the announcement of the verdict allowed courts, for prison sentences below a set threshold, to postpone announcing a conviction and to dismiss the case if the accused completed a supervision period in compliance with the imposed obligations. The judgment produced no legal consequences and was not entered in the criminal record.

The Constitutional Court annulled the underlying provision, reasoning that it undermined victims' rights and lacked adequate review mechanisms, with the annulment taking effect at the end of the period granted. Since that date, no such deferral may be ordered in new proceedings.

Supervision of deferrals granted before the annulment, and the consequences of violations, are handled under transitional rules and case law, so current practice should be verified case by case. The institution's removal has increased the importance of other individualisation tools such as alternative sanctions and suspension of sentences.

Not to be confused with

Cezanın ertelenmesi ile karıştırılmamalıdır: ertelemede mahkûmiyet açıklanır ve sicile işlenir, bu kurumda ise hüküm hiç açıklanmıyordu.

Statutory basis

  • CMK m.231

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.