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“Postponement of Pronouncement of Judgment” which is stated in Article 231/5 of the Criminal Procedure Code No. 5271 is a judicial decision that requires the person found guilty by the court to undergo a certain period of supervision before the judgment is implemented. During this period, the person has the opportunity to avoid the sentence by fulfilling certain conditions. These conditions typically include a probationary period, behaving lawfully for a specified period, and participating in specific educational or rehabilitation programs.
This provision was canceled by the decision of Trabzon 2nd Criminal Court of First Instance with objection 2022/120 Esas 2023/107 Decision, and it was published in the Official Gazette on August 1, 2023. The objection was based on Article 17 of the Constitution, which states, “Everyone has the right to life, protection, and development of material and spiritual existence.”
The Honorable Court subjected the matter to constitutional review and accepted the objection citing reasons such as lack of deterrent effect on the defendant and hindrance to the freedom of seeking justice. The decision will come into effect on August 1, 2024. If you need expert support regarding how the courts will decide in practice, you can seek assistance from Ozgen & Partners.