The Deferment of Announcement of Verdict (HAGB) is a mechanism in Turkish criminal law under which a court's conviction does not produce legal consequences for the defendant during a defined probation period. If the probation period is completed without incident, the conviction is set aside and the case is dismissed. This article explains how a HAGB decision is terminated, what conditions must be met, and what the latest legislative developments mean for defendants.
What Is HAGB?
HAGB is an individualisation mechanism whereby the court, having found the defendant guilty and determined the sentence, suspends the announcement of that sentence and gives the defendant a second chance. Since no verdict is formally announced, the defendant does not acquire a criminal record and is treated as someone whose proceedings are still ongoing.
What Are the Conditions for a HAGB Decision?
Under Article 231 of the Code of Criminal Procedure (CMK), a HAGB decision may be issued where the sentence imposed is two years or less of imprisonment or a judicial fine, the defendant has no prior conviction for an intentional offence, and any damage caused by the offence has been remedied. Following amendments that came into force on 1 June 2024, the requirement for the defendant's consent was removed, and the right to appeal HAGB decisions was introduced.
How Is a HAGB Decision Dismissed?
Where the defendant does not commit an intentional offence during the probation period and complies with all imposed obligations, the court will, at the end of that period, set aside the conviction and order the dismissal of the public prosecution. Once this decision becomes final, the defendant exits the legal process with a clean criminal record.
What Happens If an Offence Is Committed During the Probation Period?
If the defendant commits an intentional offence during the probation period, the court revokes the HAGB decision and announces the suspended verdict. Once announced, the verdict may not be converted into an alternative sanction or suspended. The defendant may appeal the announced verdict.
The Future of HAGB as of 2026
The Constitutional Court issued a second ruling on 31 December 2025, declaring the provision in Article 231/5 of the CMK unconstitutional. Since the ruling will take effect nine months after its publication, HAGB remains in force at present. The legislature is expected to introduce new legislation within this period. Defendants currently subject to HAGB decisions should monitor these developments closely and seek legal advice without delay.
Conclusion
The dismissal of a HAGB decision depends on successfully completing the probation period. Any breach of an obligation or the commission of a new offence during that period may result in the announcement of the suspended verdict with serious consequences. Obtaining legal support in Istanbul and Üsküdar throughout this process is essential to avoid the loss of rights.
For legal support regarding your HAGB probation process, please do not hesitate to contact us.
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