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Revocation Of The Disclosure Of The Provision

The institution for the Withdrawal of Disclosure of the Provision (HAGB) is regulated in article 231. As a result of the trial held in the criminal court, if the sentence imposed on the defendant is a prison sentence of two years or less or a judicial fine, a decision may be made to Withdraw the Disclosure of the Sentence (HAGB) if other conditions set out in the law occur. If this institution applies to the accused, a five-year audit period is applied. It is necessary that the defendant does not commit a deliberate crime during the inspection period. In addition, it is not possible to make a decision to withdraw the disclosure of the provision about the defendant again within this five-year audit period determined. ,

In the case of HAGB, in a sense, the sentence imposed by the court is suspended, and if the defendant does not commit a deliberate crime during the inspection period, the sentence is considered executed. If no intentional crime was committed by the defendant during the inspection period and he was treated in accordance with the established measures, the decision to drop the case by the court is made by eliminating the provision that was decided to be left undisclosed. If he intentionally commits a new offense during the inspection period or violates the obligations related to the probation measure, the court clarifies the provision. However, the court may establish a new conviction by assessing the status of the defendant who cannot fulfill the obligations imposed on him; deciding not to execute part of the sentence that he will determine halfway through, or to postpone the prison sentence in the sentence or convert it into option sanctions if there are conditions.

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