HAGB (Deferment of Announcement of the Judgment) - CMK art.231

CMK article 231 - HAGB is an important institution that allows the defendant to continue his life in cases with appropriate punishment. If the supervision period is completed positively before the verdict is announced, the prosecution will be dropped; The record remains clean.

Application Terms

• The penalty imposed is 2 years or less imprisonment or a judicial fine.
• The defendant must not have been previously sentenced to imprisonment for a deliberate crime.
• The court finds that the defendant will not commit a crime again
• Compensating the victim for any damage he may have.
• The defendant's express consent to the HAGB provision.

Audit Period (5 Years)

• The condition of not committing a deliberate crime during the period.
• Compliance with established obligations (treatment, education, work for the public good).
• Address and status change notification.
• Periodic testing in cases of addiction.

Positive Result

If 5 years are completed positively:

• Prosecution is dropped.
• Since the verdict is not announced, the conviction is not recorded.
• HAGB record is kept in the criminal record for a certain period of time, but it is not considered a criminal record.
• It appears clean during processes such as visa, job application, and military service.
• Even if you commit a crime again, this HAGB can be determined again (the previous HAGB is considered deleted from the record).

Negative Result

Within the audit period:

• Commission of a new intentional crime.
• Non-compliance with obligations.
• Disruption of the "waiting" state.
• → The verdict is explained; The sentence becomes final for execution.
• With the new file, two separate sentences may be combined (judgement).

Crimes for which HAGB cannot be given

• Crimes against the constitutional order.
• Crimes against the security of the state.
• Child sexual abuse crimes (limited by special regulations).
• Deliberate murder, some crimes that require heavy punishment.

Supreme Court and CGK — Established Approach

CGK and the chambers require that the "concluding that he will not commit a crime again" condition of the HAGB decision must be met with concrete justification, and that factors such as the defendant's social-professional situation, family structure, relationship with the victim should be included in the decision; Pure formal control is not enough for HAGB.

HAGB and Postponement — Comparison

• HAGB: The verdict is not announced; the record is clean; 5 years supervision.
• Postponement (TCK article 51): The verdict is announced but its execution is postponed; conviction appears on record; 1-3 years supervision.
• If HAGB is accepted, no postponement will be applied; The two institutions are alternatives to each other.

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