In Emergency Situations
04 Feb, 2025

Constitutional Court published in the Official Gazette dated 01.08.2023 and numbered 32266 01.06.2023
With the decision dated 2022/120 E. 2023/107 K. and numbered 2022/120 E. 2023/107 K., it was decided that 231.

the deferment of the announcement of the verdict regulated in paragraphs 5 to 14 of Article 5
the annulment of the relevant provisions.

However, this annulment decision will come into effect on 01.08.2024, and until this date, a deferred announcement of the verdict (HAGB) decision can still be issued if the conditions are met. Additionally, the annulment decision will not have retroactive effect, meaning it will not invalidate decisions made before this date.

The case leading to the annulment decision arose from a criminal trial initiated by the T.C. Trabzon 2nd Criminal Court of First Instance for the offenses of “intentional injury” and “resisting law enforcement to prevent duty performance.” The HAGB decision issued as a result of the case was taken to the Constitutional Court (AYM) for annulment on the grounds that it did not provide adequate redress for the victims, it led to the perpetrators being exempt from punishment, and the state failed to fulfill its duty to protect individuals’ material and moral integrity.

Indeed, the Constitutional Court found that the HAGB system:

a) Prevented the exercise of many fundamental rights and freedoms due to arbitrary practices by public authorities during the 5-year probation period.

b) Violated Article 36 of the Constitution, titled “Right to Legal Remedies,” as it was not subject to appellate review.

c) Unlawfully restricted property rights as per Article 35 of the Constitution when combined with a confiscation order (which transfers crime proceeds, criminal property, etc., to the public) due to uncertainty in its enforcement and lack of higher court oversight.

d) Failed to provide adequate and effective redress because it did not require the victim’s consent and was perceived by society as a form of de facto impunity, effectively depriving the victim of moral compensation rights.

e) Hindered the state from fulfilling its duty to impose proportional punishment and ensure deterrence, as it functioned not as a penalty but as a mere threat of punishment.

Based on these grounds, the Constitutional Court annulled the provision.

The official annulment decision can be accessed via the following link:
https://www.resmigazete.gov.tr/eskiler/2023/08/20230801-5.pdf

With this annulment decision by the Constitutional Court, as of 01.08.2024, if a sentence of imprisonment of two years or less, or a judicial fine, is imposed at the end of a trial, the court will no longer be able to issue a deferred announcement of the verdict (HAGB); instead, enforcement of the sentence will commence upon finalization.

If you require more detailed information on this matter, please feel free to contact us anytime via the contact details provided below.

Esenyel Partners | Constitutional Court Cancelled the Deferral of the Announcement of the Sentence.
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