Suspension of prison sentence in Turkish Criminal Law (TCL article 51)

With the new Turkish Penal Code No. 5237 dated June 1, 2005, many changes have been made in our legal system. One of the institutions that changed according to the repealed Turkish Penal Code No. 765 and Law No. 647 on the Execution of Penalties is postponement. Another law that came into force on the same date with these amendments is the Criminal Procedure Code No. 5271. With this law, the institutions of postponing the filing of a public lawsuit and postponing the announcement of the verdict are also included in the scope of the Turkish Penal Code. In addition to all these, one of the most important changes is that only the postponement of prison sentences was accepted in accordance with the Law No. 5237. In other words, unlike the previous laws, according to the Turkish Penal Code No. 5237, only prison sentences can be postponed, judicial fines cannot be postponed. The institution of suspension of prison sentence because it is related to the sanction is frequently encountered in practice. Considering the issues that we will mention in our thesis and the Supreme Court decisions we have included, it will be seen that there are various problems regarding the suspension of the prison sentence. The aim of this thesis is to examine the institution of the suspension of prison sentence in all its aspects and to examine this institution both theoretically and practically.