Deferred Verdict (HAGB) is a protective measure regulated under Article 231 of the CMK that suspends the verdict given against the defendant by keeping it under supervision for a certain period. If the defendant does not commit a new intentional crime during this period, the verdict is deemed never to have been pronounced and is not recorded in the criminal record.
HAGB Conditions
- For intentional crimes, a prison sentence of 2 years or less must have been imposed
- The defendant must not have been previously convicted of an intentional crime
- The court reaches the conviction that the defendant will not commit a crime again
- If there is damage from the crime, the damage must be remedied (can be in installments)
- The defendant must not object to HAGB (defendant consent is mandatory)
Supervision Period
The supervision period is 5 years. If the defendant does not commit an intentional crime during this period, the verdict is deemed never to have been pronounced and is not recorded in the criminal record. If a new crime is committed, the HAGB decision is canceled and the previous sentence is enforced.
2026 Constitutional Court Decision
In 2026, the Constitutional Court introduced some changes in the application of HAGB. New safeguards have been defined particularly for victims of crime joining the prosecution. The CC also clarified the defendant's obligation to comply with certain obligations during the supervision period.
Advantages of HAGB
- Not recorded in the criminal record, no precedent is formed
- No problems with finding a job and traveling
- If 5 years are spent clean, the defendant is deemed never to have been sentenced
- There is a right to object to the decision
Crimes Where HAGB Is Not Granted
HAGB cannot be applied in certain types of crimes such as sexual assault, crimes against children, terror crimes. The court also applies HAGB in a limited manner in domestic violence cases.
As Elazığ Law Office
In criminal cases, we provide our clients with services in HAGB application, supervision period follow-up, consultancy on compliance with obligations, and objection/appeal when necessary. We are with you throughout the entire process, starting from the statement at the police station.