Cessation Of Disclosure Of The Provision

What is the release of the declaration of the provision?
The withdrawal of the pronouncement of the judgment is regulated in Article 231 of the Code of Criminal Procedure. Accordingly, the suspension of the announcement of the provision implies that the established provision does not have a legal effect on the defendant. If the sentence imposed on the defendant at the end of the trial is 2 years or less or the judicial fine, the judge may decide to postpone the announcement of the judgment. With the decision to declare the judgment, the accused shall be subject to the inspection period for a period of 5 years.

What are the Terms of the Release of the Declaration?
The conditions for the annulment of the judgment are as follows;
– The defendant should not be convicted of a premeditated crime,
– Judges, the defendant’s attitudes and behaviors should be perceived as a crime that will not be committed again,
– The penalty must be a prison sentence of 2 years or less or a fine.

What are the consequences of the release of the declaration of the provision?
If the decision of the annulment of the annulment is decided, the defendant shall be subject to the audit period for 5 years. During the audit period, the decision to postpone the announcement of the provision cannot be decided due to a deliberate crime.
In the event that a deliberate new offense is committed during the audit period or any violation of obligations relating to a probation measure, the court shall disclose the provision.
In the event that a new offense has not been committed intentionally or the obligations of the probation measure have been complied with, it is decided to drop the case.
The decision to postpone the announcement of the judgment may be challenged.