Postponement of Sentence (TCK Article 51): Conditions and Consequences

TCK Article 51 is the institution that allows the execution of the prison sentence in case of conviction to be postponed for a certain period of time. If the defendant behaves compliantly during the supervision period, the sentence is deemed not to have been executed.

Postponement Conditions

• The penalty imposed is 2 years or less imprisonment (there are interpretations that can be applied up to 3 years in special cases).
• The defendant must not have previously been sentenced to imprisonment of 3 months or more for an intentional crime.
• The court finds that the defendant will not commit a crime again
• Compensation for the victim's damage (if necessary).

Audit Period (1-3 Years)

• The duration is determined between 1-3 years
• Periods may be shortened for children or defendants over the age of 65.
• Behaving harmoniously + complying with obligations is a must.

Liabilities

• Continuation of a specific program (treatment, education, public interest work).
• Prohibition to go/not go to a certain place.
• Drug testing liability (in drug cases).
• Prohibition on meeting certain people.
• Address notification.

Positive Result

• If the period is completed positively, the penalty is deemed not to have been executed.
• The conviction remains on the record (this is different from HAGB).
• It may be taken into account in the recidivism calculation.

Negative Result

• Commission of a new intentional crime → postponement is lifted; The sentence is executed.
• Failure to comply with obligations → postponement is broken.
• Two sentences can be executed jointly.

Comparison with HAGB

• HAGB: The verdict is not announced; the record is clean; audit 5 years.
• Adjournment: The verdict is announced and remains on the record; audit 1-3 years.
• If HAGB is preferred, postponement is not applied; Both are alternatives.
• HAGB is generally more advantageous if the defendant can benefit from both institutions.

In Which Situations Is Postponement Preferred?

• If the defendant has used HAGB before and no longer needs it.
• The crime is in a category not covered by the HAGB (against the constitutional order, etc.).
• The sentence exceeded 2 years (up to 3 years deferral comment).
• In case of HAGB where the defendant does not consent.

Supreme Court — Established Approach

The Supreme Court chambers require that the postponement meet the "conviction that he will not commit a crime again" criterion with concrete justification, and that it be evaluated together with factors such as the defendant's socio-economic status, family structure, and relationship with the victim.

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