Objecting to HAGB: The Right to Appeal and Strategic Refusal

Summary: The 'HAGB Trap' For years, HAGB was criticized as a 'trap'. The Judge would ask: _'Do you accept HAGB?'_ - If you said Yes: You got HAGB but lost ...

The “HAGB Trap”

For years, HAGB was criticized as a “trap”. The Judge would ask: “Do you accept HAGB?”

If you said Yes: You got HAGB but lost the right to Appeal (Istinaf). You could only file a “formal objection” to a Heavy Penal Court, which was almost always rejected without review.
If you said No: You risked getting a prison sentence that goes straight to your record.

The 2024 Revolution (AYM Decision)

The Turkish Constitutional Court (AYM) annulled this system. The New Rule: HAGB decisions are now subject to Full Appellate Review (Istinaf) just like normal convictions.

This ensures that if the local court makes a mistake in evidence or law, the Regional Court of Justice can overturn the HAGB.

When Should You Refuse HAGB? (Saying “No”)

Even with the appeal right, HAGB assumes guilt. You should consider refusing consent if:

You are 100% Innocent: You have solid proof (video, alibi) and want a full ACQUITTAL (Beraat). Acquittal is always better than HAGB.
Professional License Risks: If HAGB would trigger a disciplinary dismissal (e.g., for Soldiers), you might want to fight for acquittal all the way to the Supreme Court.
Pride/Honor: Some clients simply refuse to accept a “guilty” label, even if suspended.

How to Object / Appeal?

Timeline: You have 7 Days from the hearing (or notification).
Authority: Regional Court of Justice (Bölge Adliye Mahkemesi) - Under new regulation.
Grounds:
- “The crime elements were not formed.”
- “Evidence was unlawful.”
- “Self-defense applies.”
- “Sentence calculation error.”

Strategic Advice

Be careful. If you refuse HAGB and lose the appeal, you get a Conviction.

It goes on your Criminal Record.
If it’s over 1 year (or intentional), you become banned from civil service.
HAGB is a “safety net”. Removing the net is a bold move.

Legal Support: We analyze the evidence strength before the hearing to decide: “Risk refusal for acquittal?” or “Take the safety of HAGB?”. Contact us.

Professional Legal Support

📞 Call Now: +90 554 192 47 20

📧 Email: info@avukatfevziyaskir.com

📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.