HAGB means that the announcement of the court’s judgment is postponed and not announced at the end of the audit process. Postponement of the sentence means that the court makes a decision on the conviction and its execution is carried out through the audit process and is considered completed upon completion of the term. The postponement of the sentence and the postponement of the execution of the prison sentence are confused with each other in practice as a concept.
If the accused passes the audit process smoothly with the decision of the HAGB, the undisclosed sentence will not be disclosed. The decision of the HAGB will not be reflected in the judicial record of the accused. Because the Oct decisions are processed in a separate register in addition to the judicial record. However, in cases where it is decided to postpone the sentence, the convict will have executed his deferred sentence outside the execution institution at the end of the prescribed supervision period, and the decision to postpone this sentence will be reflected in the judicial record.
The cases to be decided by the HAGB are imprisonment for a term of 2 years or less or a judicial fine, but the postponement of the sentence relates only to prison sentences of 2 years or less.
In order for a final conviction decision to be made against a defendant for a crime previously decided by the HAGB, it is stipulated that the defendant does not have to be intentionally kept in an institution, but the law stipulates that the defendant should not have previously been sentenced to more than 3 months in prison.
The decision of the HAGB cannot be made without the request and approval of the accused; however, the approval of the convicted person does not need to be obtained in order for a postponement decision to be made.
If the dates of the crimes have been determined for the person for whom the HAGB decision has been made, it is not possible to make a HAGB decision again after the final decision of the HAGB. In cases where a postponement decision can be made, it does not matter if a postponement decision has been made before.
IS IT IN FAVOR OF POSTPONING THE SENTENCE OR IN FAVOR OF THE HAGB?
As it can be seen, in terms of the registration status and disclosure of the judgment, the HAGB is more in favor of the defendant compared to the institution of postponement of the sentence. Therefore, if the conditions for postponement decisions are appropriate, the decision to postpone the sentence should be appealed and legal action should be taken against the decision, since it can be decided while HABG can be issued.