Deferred announcement of the verdict (HAGB)

The deferred announcement of the verdict (hükmün açıklanmasının geri bırakılması, HAGB) means that a conviction handed down by the court has no legal consequences for the defendant during a set supervision period. If the supervision period passes without incident, the judgment is set aside and the case is dismissed.

The article was redrafted by Law No. 7589 of 16 July 2026, following the annulment decision of the Constitutional Court of 10 July 2025. The information below is based on the new text.

Conditions (CMK 231/5–6)

• The penalty imposed must be imprisonment of 2 years or less or a judicial fine.
• The defendant must not have been convicted of an intentional offence before.
• Considering the defendant’s personal characteristics and conduct at the hearing, the court must be satisfied that the defendant will not reoffend.
• The damage caused by the offence must be fully compensated by restitution, restoration or payment. If the damage cannot be compensated immediately, the decision may be made on condition that it is paid in monthly instalments during the supervision period.

The provisions on mediation are reserved.

Supervision period

• The defendant is placed under a 5-year supervision period. The limitation period for prosecution is suspended during this time.
• The court may set probation obligations of up to 1 year, such as attending an educational programme, working under supervision or not going to certain places.
• During the supervision period, no further deferred announcement of the verdict may be ordered for the person in respect of an intentional offence.
• A term of imprisonment in a judgment whose announcement is deferred may not be suspended and, if short-term, may not be converted into an alternative sanction.

Consequences

• If no new intentional offence is committed during the supervision period and the obligations are complied with, the judgment is set aside and the case is dismissed.
• If a new intentional offence is committed or the obligations are breached, the court announces the judgment. After assessing the defendant’s situation, the court may decide that up to half of the sentence is not to be enforced, or order suspension or an alternative sanction where the conditions are met.
• The decision is recorded in a dedicated system. The record may be used only at the request of a prosecutor, judge or court in connection with an investigation or prosecution.
• An appeal to the regional court of appeal (istinaf) may be lodged against the decision.

Offences to which it does not apply

The deferred announcement of the verdict does not apply to the offences of torture and ill-treatment, or to offences committed by public officials in the course of their duties that may amount to ill-treatment under Article 17 of the Constitution.