What is HAGB (Suspended Judgment)? Conditions & 5-Year Rule

What Does HAGB Mean?

HAGB (Hükmün Açıklanmasının Geri Bırakılması) stands for “Deferral of the Announcement of the Verdict”. It is a “Second Chance” mechanism in Turkish Law.

The Court says: “I found you guilty. I sentenced you to 1 Year in Prison. BUT… I will not announce this verdict legal yet. I am putting it in a sealed envelope. If you behave well for 5 years, I will burn the envelope.”

The Conditions (CMK 231)

For a judge to grant HAGB, ALL of these must be met:

1. Sentence Limitation: The final sentence must be 2 Years or Less (Imprisonment or Judicial Fine).
2. Clean Record: You must not have a prior conviction for an Intentional Crime. (Traffic accidents/negligence don’t count).
3. Remorse: The judge must be convinced you won’t commit a crime again.
4. Compensation: You must pay for the tangible damages of the victim (e.g., medical bill, broken window cost).

Important Update (2026): The condition of “Defendant’s Consent” has been removed. The judge can decide on HAGB even if you don’t accept it. However, you now have the right to file an Appeal (İstinaf) against this decision.

The 5-Year Probation Period (Denetim Süresi)

Once HAGB is given, a 5-year clock starts.

• Scenario A (Success): You do not commit any new intentional crime for 5 years.
  • Result: The case is Dismissed (Düşme). You are legally treated as if you never committed a crime.
• Scenario B (Failure): You commit a new crime (e.g., Simple Injury) in Year 3.
  • Result: The judge opens the envelope. The 1 Year sentence is Announced. You serve BOTH the new sentence and the old one.

Does It Appear on Criminal Record? (Sabıka Kaydı)

NO. This is the biggest advantage.

• If you pull your criminal record from e-Devlet for a job application, it says “No Record”.
• HAGB is kept in a specialized, secret database visible only to Judges and Prosecutors.

Legal Support: Deciding whether to accept HAGB is strategic. In some cases, fighting for acquittal is better. We advise you on the risks. Contact us.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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