Understanding HAGB in Türkiye: A Practical Guide

At Bayraktar Attorneys, we assist many clients both Turkish citizens and foreigners living in Türkiye who face criminal proceedings or want to understand HAGB (Hükmün Açıklanmasının Geri Bırakılması), known in English as Deferment of the Announcement of the Verdict.

This legal tool can offer defendants a valuable second chance, but it also comes with strict conditions, legal consequences, and important links to civil, administrative, and employment law.

In this blog, we explain what HAGB is, who can benefit, how it works, the impact of recent 2025 reforms, and why legal guidance is essential.

What Is HAGB?

HAGB allows a criminal court to postpone the formal announcement of a verdict when certain legal conditions are met.

Under Article 231 of the Criminal Procedure Code (CMK), if a defendant behaves lawfully and meets the obligations set by the court during the probation period (usually five years) the sentence is never enforced, and the defendant’s criminal record remains clean.

But if the defendant commits an intentional crime or fails probation obligations, the court announces the verdict, and the punishment is applied.

HAGB is therefore not an acquittal, but a suspended verdict offering a chance to avoid formal punishment.

Who Qualifies for HAGB?

Not every defendant or crime qualifies. To benefit from HAGB, all of the following conditions must be met:

• Crime type: The crime must carry a maximum prison sentence of two years or less or a judicial fine.

• No prior intentional convictions: The defendant should have a clean record or no past intentional crime convictions.

• Good conduct during trial: Showing remorse, cooperating with the court, and demonstrating responsibility help convince the court.

• Positive future outlook: The court must believe the defendant will not reoffend.

• Compensation of damage: The defendant must repair the harm done — returning items, restoring the original condition, or paying compensation.

If the defendant cannot immediately pay, the court may allow installments during probation.

What Changed in 2024?

A major change came with the March 12, 2024 amendment published in the Official Gazette. Before this, courts needed the defendant’s consent to apply HAGB.

Now, courts can issue HAGB decisions on their own, even if the defendant does not explicitly request or consent to it. This reform has broadened the application of HAGB and allows judges to use it as a flexible tool to deliver justice tailored to individual cases.

Crimes That Are Not Eligible

Despite its benefits, HAGB does not apply to every offense. The law specifically excludes:

• Crimes with penalties exceeding two years’ imprisonment,

• Constitutional offenses (e.g., against Atatürk’s reforms),

• Violence and disorder in sports (Law No. 6222),

• Match-fixing and bribery,

• Military disciplinary offenses,

• Issuing bad checks,

• Environmental pollution through construction,

• Bankruptcy or enforcement law violations,

• Acts leading to disciplinary or coercive detention.

Bayraktar Attorneys carefully reviews each client’s case to assess eligibility.

What Does an HAGB Decision Mean?

An HAGB decision recognizes the defendant’s guilt but suspends the sentence. If the defendant:

• Completes probation without incident,

• Fulfills all obligations,

the case is dropped, and no criminal record results.

However, the defendant still pays trial costs and is subject to any seizure or confiscation measures.

No Criminal Record or Conviction

Since the suspended verdict is never enforced if conditions are met, the defendant does not gain “convicted” status. This is why HAGB is often described as a legal “second chance.”

Mandatory Probation

The standard probation period is five years, although in minor cases, it may be one year. The defendant may be assigned:

• Rehabilitation programs,

• Regular reporting duties,

• Community service,

• Other obligations tailored to the crime.

What If the Defendant Fails?

If a new intentional crime is committed or obligations are neglected, the court:

• Cancels the HAGB decision,

• Announces the suspended sentence,

• Classifies the defendant as convicted,

• Updates the criminal record.

However, if the failure is beyond the defendant’s control (e.g., illness), courts can:

• Waive part of the sentence,

• Convert the sentence into a fine or alternative sanction.

How Does HAGB Affect Civil and Administrative Cases?

One of the most misunderstood aspects of HAGB is how it interacts with non-criminal legal areas.

• Civil and administrative judges are not bound by HAGB decisions because they produce no legal consequences.

• However, the facts and evidence from the criminal case may still be considered in related lawsuits.

For example:

• In civil compensation claims, the underlying facts can inform liability.

• In public employment cases, HAGB decisions generally do not disqualify a civil servant, as confirmed by Council of State rulings.

HAGB and Civil Service Jobs

According to Article 48/5 of the Civil Servants Law No. 657, certain criminal convictions disqualify individuals from public service. However, HAGB decisions do not count as convictions and therefore do not trigger disqualification.

Legal Remedies: How to Appeal HAGB Decisions

Defendants have the right to appeal (istinaf) an HAGB decision within two weeks of official notification.

Depending on the case, they may also escalate to cassation (temyiz) at the Court of Cassation.

Not all HAGB decisions are appealable, especially minor fines, but more serious cases remain open to legal challenge. Filing a proper appeal requires careful attention to legal deadlines and procedures.

How Does HAGB Affect the Statute of Limitations?

Once the HAGB decision becomes final, the statute of limitations pauses for the probation period.

If the defendant successfully completes probation, the case is closed, and the statute of limitations no longer matters. But if a violation occurs, the statute of limitations resumes from where it left off, meaning the legal clock starts ticking again.

Why You Need a Lawyer for HAGB Cases

While HAGB provides valuable flexibility, it’s not automatic, and its impact can vary widely depending on the situation. At Bayraktar Attorneys, we:

• Assess eligibility and risks,

• Help you comply with probation,

• Challenge improper decisions through appeals,

• Advise on related civil or administrative consequences.

Especially for foreign clients, understanding HAGB’s interaction with residency, work permits, or future visa applications is critical.

Contact Bayraktar Attorneys Today

If you or a loved one has received an HAGB decision in Türkiye, don’t face it alone. Our experienced criminal defense team provides strategic, personalized advice to protect your rights and secure the best possible outcome.

Reach out today for a confidential consultation. Let us help you navigate this complex process and safeguard your future.