Deferment of the Announcement of the Verdict (HAGB)

Also known as: HAGB, Suspended Pronouncement of Judgment, Deferred Verdict, CMK 231, Supervision Period, Hükmün Açıklanmasının Geri Bırakılması

Author Ali Gül

In short

Deferring, under certain conditions, the announcement of a verdict against an accused sentenced to two years' imprisonment or less or a criminal fine, with the case dismissed if no intentional offence is committed during a five-year supervision period.

Deferment of the announcement of the verdict (HAGB) is the court not announcing the conviction it has reached against an accused, under certain conditions, and subjecting the accused to a supervision period (Code of Criminal Procedure Art. 231). If no intentional offence is committed during the supervision period and obligations are complied with, the verdict is removed and the case dismissed.

Conditions

The penalty imposed must be imprisonment of two years or less or a criminal fine.
The accused must not have a previous conviction for an intentional offence.
The court must be satisfied, given the accused’s personality and conduct at trial, that they will not reoffend.
The loss suffered by the victim or the public must be fully compensated by return, restoration or compensation. The court may allow instalment payments during the supervision period.

Supervision Period

The supervision period is five years. If the accused commits no intentional offence and complies with obligations, the deferred verdict is removed and the case dismissed. Otherwise, the court announces the verdict.

2026 Developments

By a decision published on 31 December 2025, the Constitutional Court annulled the provision regulating HAGB on the ground that it did not exclude torture and ill-treatment offences by public officials, with the annulment taking effect on 30 September 2026. Before that date, Law No. 7589, in force since 31 July 2026, re-regulated the institution. The two-year limit, five-year supervision period and right of appeal were preserved; torture and ill-treatment offences and related acts by public officials were excluded from HAGB.

Appeal and Record

HAGB decisions given from 1 June 2024 may be appealed to the regional court.
An HAGB decision is not entered in the criminal record; it is recorded only in a special system.

For Companies

For a victim company, HAGB is an effective tool for recovering its loss, since it requires full compensation; this is why the company should take part in the file as an intervening party. For managers tried for economic offences, it is one of the most important defence tools together with effective repentance.

Frequently Asked Questions

Has HAGB been abolished?

No. The Constitutional Court annulled the provision regulating it on the ground that it did not exclude torture and ill-treatment offences by public officials, with effect from 30 September 2026. However, Law No. 7589, in force since 31 July 2026, re-regulated the institution; HAGB continues to apply.

Is an HAGB decision recorded in the criminal record?

An HAGB decision is not entered in the criminal record; it is recorded in a special system only to be provided on request in an investigation or prosecution. If the supervision period is completed successfully, the case is dismissed and the record is deleted.

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