HAGB means that the disclosure of the provision by the court is postponed and not disclosed at the end of the audit process. Postponing the sentence, on the other hand, means that the court gives a verdict of conviction and its execution is carried out through an audit process and is considered finished with the completion of the period. Postponement of punishment and postponement of the execution of a prison sentence are confused as concepts in practice.
If the defendant passes the audit process without any problems with the decision of the HAGB, the provision that has been left undisclosed will not be disclosed. There will be no reflection of the HAGB decision on the defendant’s criminal record. Because the decisions of the HAGB are recorded in a separate register, except for the judicial register. However, in cases where a decision is made to postpone the sentence, the convict will have executed his deferred sentence outside the execution institution at the end of the prescribed inspection 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 judicial fines, but the postponement of the sentence will only be for a prison sentence of 2 years or less.
For the decision of a firm conviction about the defendant for a crime previously HAGB must not have been deliberate, but the law, the penalty for a crime the defendant’s deliberate delay of an institution that should not be sentenced to more than 3 months previously foreseen.
The decision of the HAGB cannot be made without the request and approval of the defendant, but the convict’s approval does not need to be obtained in order to be able to decide on a postponement.
If the dates of the crime are determined about the person who has been given the decision of the HAGB, it is not possible to make the decision of the HAGB again after the final decision of the HAGB. In cases where a decision to postpone may be made, it does not matter whether a postponement has already been decided about it.
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 verdict, HAGB is more in favor of the defendant compared to the institution for the postponement of the sentence. Therefore, if the conditions are favorable for adjournment decisions, the decision to postpone the sentence should be appealed due to the fact that the decision can be made while the HABG can be given, and the legal path against the decision must be followed.