Categories: General

Postponement Of Punishment and Differences Between Deferment Of The Announcement Of The Verdict

Deferment Of The Announcement Of The Verdict expresses the court’s discontinuation of the provision and the failure to disclose it at the end of the audit process. The postponement of the sentence implies that the execution of the conviction and the execution of the sentence by the court and the completion of the deadline shall be accepted. Postponement of the sentence with the suspension of the sentence is confused as a concept in practice.

In the event that the defendant passes the audit process without any problem, the verdict is not explained. There is no reflection of the  deferment of the announcement of the verdict decision on the criminal record of the defendant. Deferment of the announcement of the verdict decisions are recorded in a separate register except for the judicial record. However, in cases where a decision to postpone the sentence is decided, the convicted person shall be deprived of his / her suspended sentence at the end of the envisaged audit period and the provision given for this postponement shall be reflected in the criminal record.

The deferment of the announcement of the verdict decision will result in imprisonment for 2 years or less, or forensic fines, but the suspension of the sentence will only be for 2 years or less.

The deferment of the announcement of the verdict decision should not have been a finalized conviction of a defendant for a premeditated crime, but the law provides that the defendant should not be sentenced to more than three months’ imprisonment due to a deliberate offense in the institution of the postponement of the sentence.

The decision of the deferment of the announcement of the verdict cannot be issued without the request and approval of the defendant, but it is not necessary to obtain the consent of the convict in order to decide on the postponement.

If the deferment of the announcement of the verdict decision is made, it is not possible to issue a deferment of the announcement of the verdict decision again after the deferment of the announcement of the verdict decision has been finalized. It is not important whether or not to postpone the postponement decision.

As can be seen, in terms of the status of the registry and the announcement of the provision, the deferment of the announcement of the verdict is in favor of the defendant than the institution of postponement of the sentence. Therefore, if the conditions are appropriate for the postponement of the sentence, the deferment of the announcement of the verdict may be given, while the decision to postpone the sentence should be objected and the legal road against the decision must be followed.

Aşıkoğlu Law Office

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