Problems encountered in practice with the postponement of the announcement of the judgment and solution methods

The subject of our study is the institution of deferred sentence explanation, which was initially introduced into our legal system through the Child Protection Law and subsequently extended to apply to adults, as regulated under Article 231 of the Criminal Procedure Code. The institution of deferred sentence explanation, constituting one aspect of the deferral institution, is one of the mechanisms of individualization that, when properly established in accordance with all its elements, temporarily suspends the execution of a conviction judgment for a specific duration and under certain conditions, thereby refraining from rendering a verdict and its associated consequences for the defendant. In our study, we address the deficiencies and inaccuracies in this institution, which have been the subject of extensive debate for many years, and analyze the challenges encountered in both legal doctrine and practical application, including jurisprudential perspectives. Our study comprises three main sections. In the first section, we delve into the conceptual dimension of the institution, elucidating the concepts of judgment and sentence explanation. Subsequently, we endeavor to expound upon the legal nature of the institution, its historical evolution in our domestic legal system and in comparative law, its scope, and the prerequisites, all while considering judicial rulings and doctrinal opinions. The second section addresses the procedural aspects of rendering the decision to defer sentence explanation, its implications, and the legal avenues available. Within this context, we provide a comprehensive explanation of the recent regulation dated March 28, 2023, pertaining to the objection procedure, along with associated alterations in judicial precedents. The third and final section offers an exhaustive assessment of the effects of the institution and its connections to analogous mechanisms. Keywords: Deferred Sentence Explanation, Restorative Justice, Probation, Postponement.