Postponement Practice in Drug Cases (TCK Article 51)

TCK Article 51 regulates the institution of postponement of prison sentences. Unlike HAGB, the provision is explained here; but his execution is postponed. In drug cases, postponement is applied in a narrow band.

Postponement Conditions

• The prison sentence imposed must be 2 years or less (there are special cases where up to 3 years can be applied due to its de facto nature).
• The defendant must not have previously been sentenced to 3 months or more imprisonment for an intentional crime.
• Concluding that the defendant will not commit a crime again
• Compensation for the victim's damage (if necessary).

Audit Period

The postponement period is determined between 1-3 years; During this period, the defendant is under supervision. With a positive result, the sentence is deemed not to have been executed; If there is a negative outcome, the sentence will be executed.

Liabilities

• Continuing a specific program (treatment, education, public benefit work).
• Not going or prohibited from going to certain places.
• Do not comply with drug/alcohol tests.
• Notifying of address and status changes.

HAGB - Postponement - Probation Comparison

• HAGB: The verdict is not announced, the supervision period is 5 years, the record remains clean.
• Postponement: The verdict is announced but its execution is postponed; duration 1-3 years.
• Probation: During the execution phase, on the condition of serving a certain part of the sentence.

Supreme Court 10th CD — Principle

10. CD requires that the postponement decision should be made with the criterion of "conviction that he will not commit a crime again", that purely formal condition control will not be enough, and that factors such as the defendant's social-professional environment, family situation, and continuation of the treatment process should be included in the justification.

Applicability to Art.188

Since the lower limit is high in Article 188 trade/manufacturing crime, postponement is rarely applied; However, it may be on the agenda in special cases where the period can be reduced to less than 2 years as a result of discretion reduction and consultation.

Practical Advice