CMK Article 231: HAGB can be applied in prison sentences of 2 years and less.
Conditions
- Jail sentence of 2 years and less
- The defendant has no previous intentional crime conviction
- Reparation of the damage to the victim
- Conviction that the defendant will not commit a crime
Supervision Duration
- 5 years
- If he commits a crime again, the decision will be announced
- If he does not commit a crime, the decision will be annulled
Out of Scope
- Deliberate murder
- Sexual abuse
- Domestic violence (in some cases)
- Consciously negligent death
Victim Objection
- Victim's right to object
- Request for cancellation of HAGB
Supreme Court CGK
CGK accepts that HAGB has the purpose of "social rehabilitation" and that it is not appropriate to apply it in serious crimes.
Criminal defense is recommended.