This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at HAGB Nedir? Hükmün Açıklanmasının Geri Bırakılması.
Deferral of the announcement of the judgment (in Turkish, hükmün açıklanmasının geri bırakılması or HAGB) means that the judgment reached against the accused is not pronounced: if the supervision period passes without incident the case is discontinued and the conviction is treated as never having existed (Article 231 of the Criminal Procedure Code). The supervision period is five years. A deferral does not appear on the ordinary judicial record; it is kept in a separate system accessible only to the authorities named in the law.
HAGB is one of the most frequently given decisions in Turkish criminal proceedings and the most frequently misunderstood. Some take it for an acquittal; others fear they now have a criminal record.
The truth lies between the two. This article explains what HAGB is, when it may be granted, whether it shows on the record, and what refusing it means.
What Is HAGB?
Governed by Article 231 of the Criminal Procedure Code, HAGB means that the judgment reached against the accused is not pronounced and is held in suspense for a defined supervision period.
In the words of the statute, deferral of the announcement of the judgment means that the judgment reached produces no legal consequence for the accused.
The supervision period is five years. If no intentional offence is committed and any obligations are complied with during that period, the deferred judgment is set aside and the case is discontinued.
If, on the other hand, an intentional offence is committed during the supervision period, the judgment is pronounced and the sentence is enforced.
What Are the Conditions?
HAGB is not available in every file. The conditions the law requires are:
- the sentence imposed is imprisonment of two years or less or a judicial fine
- the accused has not previously been convicted of an intentional offence
- the court, having regard to the personal characteristics of the accused and their conduct at the hearing, is satisfied that they will not reoffend
- the loss caused to the victim or to the public by the commission of the offence has been made good
- the accused consents
The condition that the loss be made good may be satisfied by restitution in kind, by restoring the position that existed before the offence, or by compensation. Where the loss cannot be made good at once, payment by instalments may be ordered.
| Matter | Rule |
|---|---|
| Sentence limit | Imprisonment of 2 years or less, or a judicial fine |
| Prior record | No previous conviction for an intentional offence |
| Court's assessment | Satisfied that the accused will not reoffend |
| Making good the loss | The victim's loss must have been made good |
| Consent of the accused | Not applied if the accused refuses |
| Supervision period | 5 years |
| If the period passes without incident | The case is discontinued; the conviction is treated as never having existed |
| If an offence is committed during the period | The judgment is pronounced and enforced |
A deferral decision may be objected to within seven days of learning of it.
For Which Offences Is HAGB Unavailable?
Law no. 7589 (Official Gazette, 31 July 2026) added to the article a list of offences for which deferral may not be granted. Deferral is therefore unavailable for the offences of torture and torment, and for offences committed by a public official in the course of duty that amount to ill-treatment within the meaning of Article 17 of the Constitution.
Behind that amendment lies an annulment decision of the Constitutional Court. The Court held that applying deferral to those offences produced impunity and annulled the provision; the legislature rewrote the article before the annulment took effect.
In short, HAGB remains in force, but its scope has been narrowed for those offences.
Does HAGB Appear on the Judicial Record?
Deferral decisions are not entered on the judicial record. They are recorded in a separate system maintained for this purpose alone and do not appear on the general judicial record certificate.
For that reason a deferral does not show up in most private-sector job applications. Those records may, however, be seen in the cases listed in the law and only by the authorities concerned.
If the supervision period passes without incident and the case is discontinued, the entry is deleted from that system as well.
What Does Refusing HAGB Mean?
HAGB cannot be applied without the consent of the accused. If the accused says “I do not consent”, the judgment is pronounced and the ordinary appellate routes open.
Why would anyone refuse? Because HAGB does not remove the existence of the judgment of conviction; it merely postpones its pronouncement. For an accused who believes they are innocent and wants an acquittal, HAGB closes off the chance of being cleared.
This is a matter of choice and the consequences are serious: if you refuse, the routes of appeal open and an acquittal becomes possible; but if the conviction becomes final, the sentence is enforced and entered on the record.
The decision should be taken in the light of the state of the evidence. It is advisable to assess it with a lawyer before refusing.
How Is a Deferral Decision Challenged?
An objection lies against a deferral decision. The objection is made by petition to the court that gave the decision, within seven days of service or of pronouncement in open court.
The court examining the objection reviews whether the conditions for the decision were met.
Where the judgment is pronounced because a fresh offence was committed during the supervision period, an appeal to the regional court of appeal lies against the judgment so pronounced.
What Happens During the Supervision Period?
The court may impose obligations during the supervision period: attending a training programme with a view to acquiring a trade or profession, working in a publicly beneficial job, or not going to specified places.
Breach of those obligations may also lead to the judgment being pronounced. Where no obligation has been imposed, the period passes on the single condition that no fresh offence is committed.
One point requires care: the offence committed during the supervision period must have been committed intentionally. An offence committed negligently does not, as a rule, cause the judgment to be pronounced.
HAGB suspends the judgment; it is not a finding of innocence. The supervision period is five years, and an intentional offence committed within it leads to the earlier judgment being pronounced. If you are expecting an acquittal you have the right to refuse — but weigh the consequences of that choice in advance.