Deferment of Announcement of Verdict (HAGB) is a practice in criminal law that offers great advantages for defendants. Thanks to HAGB, when certain conditions are met, the court does not announce the verdict and the defendant is not registered in the criminal record. However, with important changes made in 2024, the HAGB process and application conditions were reorganized. With these changes that came into force as of June 1, 2024, the application conditions of HAGB decisions changed significantly.
In this article, we will discuss topics such as the new regulation of HAGB, HAGB conditions, objection to HAGB decision, and the effect of HAGB on criminal records. You can also find answers to questions such as Has the appeal route been opened for HAGB? and How is the Deferment of Announcement of Verdict decision overturned?
What is Deferment of Announcement of Verdict (HAGB)? 2024 Updated Definition and Scope
Deferment of Announcement of Verdict (HAGB) is directly regulated in Article 231 of the Criminal Procedure Code (CMK). This article determines the conditions, application method, supervision process, and results of HAGB.
Deferment of Announcement of Verdict (HAGB) means that if the defendant fulfills certain conditions, the conviction decision is not announced and if no new crime is committed during the determined supervision period, the case is dismissed.
For defendants who receive an HAGB decision, the court does not announce the verdict and no enforcement process begins. However, if a new crime is committed during the supervision period, the court may announce the deferred decision.
What Are the Required Conditions to Receive an HAGB Decision? (Explanation According to CMK 231)
1. The sentence given to the defendant must be imprisonment of 2 years or less or a judicial fine.
- If the court gives the defendant imprisonment of 2 years or less or a judicial fine, HAGB is evaluated.
- HAGB is not applied for prison sentences exceeding 2 years.
2. The defendant must not have been previously convicted of an intentional crime.
- Article 231, Paragraph 6(a) of the CMK states “not having been previously convicted of an intentional crime”. If the defendant was previously convicted of an intentional crime, HAGB is not applied.
3. The court must be convinced that the defendant will not commit a crime again.
4. The damage to the victim or the public must be remedied.
2024 HAGB Regulation: Changes and Innovations Made in CMK 231
With the changes made in 2024, important innovations were introduced regarding the application of HAGB decisions. With Law No. 7499 published in the Official Gazette, three major changes were made to the HAGB system:
1. Defendant’s Acceptance Condition No Longer Exists
2. Has Objection to HAGB Decision Been Removed? Appeal Route Can Now Be Applied
3. Confiscation Can Now Be Applied in HAGB Decisions! What Did the New Regulation Bring?
5 Reasons to Get Professional Legal Support in the HAGB Process!
Deferment of Announcement of Verdict (HAGB) decisions and objections to this process are a complex process that requires legal knowledge and experience. Getting professional support to object to an HAGB decision or to apply legal remedies against the verdict announced against you is of great importance for the process to result in your favor.
- Expertise in Criminal Law – We meticulously follow HAGB processes with our years of experience in criminal trials.
- Effective Legal Support in HAGB and Objection Process – We provide the strongest defense on HAGB decision cancellation and appeal applications.
- Mastery of 2024 HAGB Regulations – We determine your legal strategy by best evaluating the new legislation changes.
- Fast and Reliable Solution Process – We conduct the legal process in the shortest time.
- Customized Legal Support – We develop personalized defense strategies.
Visit our Criminal Law Services page for more information about Criminal Law and HAGB process.