Nondeclaration of judgment in Criminal Procedure Law

Institution of nondeclaration of judgment which has been just enforced in Turkish Law constitutes the subject of the thesis. In spite of the fact that in comparative law there has been scope of application of nondeclaration of judgment since the 19th century, it was enforced by Child Protection Law in 2005 and took part in criminal pocedure law by an amendment in 2006. Thus, while nondeclaration of judgment was implemented for only guilty children firstly, it is implemented for all criminal without a discrimination between child and adult anyway.Because there was not its practice in our law before the year 2005, in spite of its importance, studies about nondeclaration of judgment before this date were few. However, thanks to these studies, although they are few, important information about the practices, development and general practice conditions of nondeclaration of judgment in criminal procedure law is obtained. We tried to constitute the thesis by benefiting from these sources as much as possible.In our study, the concept and jural character of nondeclaration of judgment is tried to be explained firstly and then its purpose and the reasons of its arising are studied. The development of nondeclaration of judgment in comparative law and in our country and similar institutions are handled in the first chapter of the thesis. After this general information, practice conditions of nondeclaration of judgment constitutes the second chapter. In the study made in this chapter, the effects of the amendments made concerning each condition to the practice are mentioned in regarding chapters. The results of nondeclaration of judgment constitutes the last chapter of the thesis. Also, legal course which can be complained against the decision of nondeclaration of judment is studied in this chater. In our all study, judgments and sources concerning deferring of jail sentence in consideration of similar aspects are tried to be benefited as much as possible. We wish that the study we ade will be beneficial.Key Words : Nondeclaration of judgment, Penalty, Supervision, Crime, Obligation.