Deferment of the announcement of the verdict

For the first time in 2005, the deferment of the announcement of the verdict institution entered into force in Turkey to be implemented to juvenile delinquents. After a while later, it has been implemented to major criminals. This institution has been regulated in detail in the article 231/5-14 of the Turkish Criminal Procedure Code. The verdict must be separately announced with the other factors in order to bear legal consequence. Within the probation, the announcement of criminal verdict in respect of the defendant is conditionally deferred to give a chance to the defendant who has certain conditions. Regarding the offence committed by defendant, this institution is implemented to the prison sentence whose upper limit is not higher than two year and all amount of judicial fine. In order to be able to implement the institution; there should not be an intentional crime record in the criminal record of the defendant. Also, there should be conviction regarding to the defendant will not commit a crime any more. The defendant should not openly refuse the implementation of the institution. If there is a loss because of the offence, victim's loss should be compensated by the defendant. There are many different legal effects composed after the implementation of this institution. These are as follows; a) The decision regarding the deferment of the announcement of the verdict does not bear legal consequences on the behalf of the defendant. b) Juveniles are subjected to three years and adults are subjected to five years of probation period. c) Lapse of time will stop within the probation period. d) Defendant may also be subjected to precaution and obligations of probation. e) If defendant commit an intentional offence or breach the obligations of probation, the verdict regarding to the defendant can be announced. f) If defendant does not breach the probation period, it will be decided to the rescission of the verdict and dismissal of the case. g) The institution is not accepted as an obstacle for entering civil service except some of professions. h) As a legal remedy, objection procedures can be applied against this institution. i) The decision regarding the institution is not recorded on the criminal record, is not executed and based on repetition since it is not accepted as a verdict. j) When this institution is implemented, the punishment cannot be deferred and turn into money penalty. k) This institution cannot be implemented for the other crimes which are committed within the same probation time. Key words: Verdict, Announcement, Deferment, Decision