What Does The Suspension of The Pronouncement of The Verdict Mean?

The Suspension of the Pronouncement of the Verdict (HAGB) is a special institution for individualizing punishment (Article 231 of the Code of Criminal Procedure) that stipulates the non-enforcement of a penal decision even if the accused is found guilty, provided they do not commit an intentional crime within a specified supervision period. In other methods of individualizing punishment, court decisions produce certain legal consequences, whereas with a HAGB decision, the court has not pronounced a decision that would produce consequences; instead, it has deferred the pronouncement.

A HAGB decision virtually offers the accused a second chance, without imposing any restrictions on their life, civil rights, or political rights. This decision suspends the intervention of Criminal Law against a person who has committed a crime, thereby minimally impacting the accused's life.

According to the Code of Criminal Procedure, a HAGB decision is an application subject to specific conditions. These conditions are as follows:

• The sentence imposed on the accused must be imprisonment for two years or less, or a judicial fine.
• The accused's crime must not be among the exceptional offenses specified in special laws.
• The accused must not have been previously convicted of an intentional crime.
• The court must believe that the accused will not commit another crime, taking into account their personal characteristics and conduct during the trial.
• The damage to the victim or the public must be fully compensated through restitution in kind, restoration to the pre-crime state, or indemnification.
• The accused must accept the HAGB decision.
• The accused must not have previously received a HAGB decision.

How is HAGB Revoked?

In the event of the suspension of the pronouncement of the verdict, the accused is subjected to supervision for a period of 5 years. However, for children under 18 years of age, the supervision period is 3 years. During this supervision period, if the accused:

• Does not commit an intentional crime and complies with other obligations determined by the court, the suspended pronouncement of the verdict is lifted, and the case is dismissed. In this situation, the prosecuted person returns to their legal status prior to the case.
• Commits an intentional crime or acts contrary to the obligations determined by the judge during the supervision period, the suspended pronouncement of the verdict is pronounced by the court. In this case, the previously suspended verdict comes into effect, and the accused also receives a separate penalty for the newly committed crime.

HAGB 5 Years Expired, What Should I Do?

As a result of a HAGB decision, the accused is subjected to supervision and monitoring for 5 years. During this period, provided that the accused fully fulfills their probation obligations and does not intentionally commit a new crime, the court lifts the HAGB and decides to dismiss the case. This means that the accused's previous criminal status is nullified, and they return to their legal status prior to prosecution. At the end of 5 years, the penalty is automatically removed without any action required from you.

Can a Suspension of the Pronouncement of the Verdict Be Issued Twice for the Same Crime?

It is not possible to issue a HAGB decision twice for the same crime. While a HAGB decision offers a second chance to a person who has committed a crime, to be eligible for this chance, no such decision must have been previously made against them.

Does the Suspension of the Pronouncement of the Verdict Appear on the Criminal Record?

HAGB decisions are not added to the criminal record and are kept in a unique system. Therefore, a person who receives a HAGB decision is not considered to have a criminal record. Since HAGB is not a conviction, it is not recorded in the criminal record and prevents the accused from being considered guilty.

If the accused does not commit a new intentional crime within the 5-year supervision period determined by the HAGB decision, or complies with the probation measure for 1 year as determined by the court, the court decides to dismiss the case. In this situation, the record related to the HAGB decision is also removed from the system. This ensures that the outcome of the second chance given to the accused allows them to return to their legal status prior to being considered guilty.

Does the Suspension of the Pronouncement of the Verdict Bar Public Employment?

A HAGB decision issued for crimes against the security of the state, the constitutional order, or crimes falling into the category of disgraceful offenses constitutes an impediment to public employment. If a person receives a HAGB decision for such crimes after being appointed to public service, their employment relationship is terminated. However, a HAGB decision issued for crimes other than those mentioned above does not affect public employment, and the person can continue their public service.

Furthermore, for military personnel, HAGB decisions issued for crimes such as desertion, assault on a superior officer, insulting a superior officer, persistent disobedience to orders, sedition, resistance, or rebellion require the termination of their affiliation with the Turkish Armed Forces. This is a measure taken to protect military discipline and order, and a HAGB decision for such crimes leads to the dismissal of military personnel from service.

What is the Difference Between the Suspension of the Pronouncement of the Verdict and the Deferment of Sentence?

HAGB and deferment of sentence are distinct concepts in criminal law that are sometimes confused. A HAGB decision refers to the court's suspension of the pronouncement of the verdict and the non-pronouncement of the verdict at the end of the supervision period. If the accused successfully completes the supervision period, the suspended pronouncement of the verdict is not enforced. In this case, the HAGB decision has no reflection on the accused's criminal record. HAGB decisions are kept in a separate register outside of criminal records.

In the case of deferment of sentence, a conviction is rendered by the court, but the sentence is deemed to have been served upon completion of the probation period. This deferment is reflected in the criminal record. That is, since the sentence is completed outside a penal institution, this deferment decision appears in the person's criminal record. These two concepts represent practices that produce different outcomes in criminal law and must be carefully distinguished.

Has the Suspension of the Pronouncement of the Verdict Been Abolished?

With a decision rendered by the Constitutional Court, all provisions related to the institution of the Suspension of the Pronouncement of the Verdict (HAGB) have been annulled. This decision was published in the Official Gazette on 01.08.2026 and will come into force one year later, on 01.08.2026.

The Constitutional Court emphasized that if HAGB decisions are accepted by the applicant at the beginning of the trial, the appellate remedy (istinaf) cannot be used to review whether the guarantees of the right to a fair trial were provided by the first-instance court, and that this situation could lead to violations of rights. It was stated that since the accused waived the right to appeal (istinaf) when accepting the HAGB decision, it did not meet the constitutional validity conditions.

Any questions you may have regarding the decision on the suspension of the pronouncement of the verdict

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy