HAGB means that the announcement of the verdict is postponed by the court and it is not announced at the end of the audit process. Postponement of the sentence means that the sentence is given by the court, its execution is carried out through the supervision process, and it is considered to be completed when the period is completed. Postponement of sentence and postponement of execution of prison sentence are confused as concepts in practice.
With the HAGB decision, if the defendant passes the audit process without any problems, the sentence whose announcement is postponed will not be announced. The HAGB decision does not have any reflection on the defendant’s criminal record. Because HAGB decisions are recorded in a separate registry other than the judicial registry. However, in cases where a decision is made to postpone the sentence, the convict will execute the suspended sentence outside the execution institution at the end of the foreseen supervision period and this postponement decision will be reflected in the criminal record.
Cases where a HAGB decision will be given are imprisonment of 2 years or less or judicial fines, but postponement of the sentence will only be possible for imprisonment of 2 years or less.
In order for a HAGB decision to be made, the defendant must not have been previously sentenced to a final conviction for a deliberate crime, but the law stipulates that the defendant should not be sentenced to more than 3 months of imprisonment for a deliberate crime in the institution of postponement of sentence.
The HAGB decision cannot be given without the defendant’s request and approval, but the convict’s approval is not required to decide on postponement.
It is not possible to issue a HAGB decision again for a person for whom a HAGB decision has been made, if the crime dates are after the HAGB decision is finalized. In cases where a postponement decision can be made, it does not matter whether a postponement decision has been made before.
IS SUSPENSION OF THE PUNISHMENT OR HAGB IN FAVOR?
As can be seen, HAGB is more in favor of the defendant than the institution of postponement of sentence in terms of record status and announcement of the verdict. For this reason, in decisions to postpone the sentence, if the conditions are suitable, HABG can be given, but the decision to postpone the sentence should be objected and legal action should be taken against the decision.