Victim Rights in Turkey

4.What is suspension of the pronouncement of the judgement?

If the given punishment is 2 years of inprisonment or less  with existence of appropriate criteria pronouncement of judgement can be delayed for 5 year period.

What are the criteria for suspension of the pronouncement of the judgement?

Suspect must not be sentenced to an intentional crime prior to the lawsuit

The court must be convinced that the suspect won’t commit crime again

All the damages suffered by the commonwealth and the victim must be fully compensated

The suspect must accept the suspension of the pronouncement of the judgement.

What are the results of suspension of the pronouncement of the judgement?

The suspect must not commit crime or violate probation period of 5 years. If he does commit crime or violate probation, then the court pronounces the sentence. The jail time will not be delayed or transformed into a lighter form of punishment. Additionally the suspect will not be able to demand for suspension of the pronouncement of the judgement in the litigation of the newly committed crime.

If the suspect doesn’t violate the probation and doesn’t commit a crime all charges will be dropped and case will be closed. The crime will be seen as not commited.

Is it possible to challenge suspension of the pronouncement of the judgement?

Yes but suspension of the pronouncement of the judgement can not be appealed. Since the concent of the complainant is not needed in suspension of the pronouncement of the judgement he/she can challenge the decision. In this case court will review whether the criteria for suspension of the pronouncement of the judgement were satisfied.

What happens if the suspect doesn’t accept suspension of the pronouncement of the judgement?

The suspect is not obligated to accept suspension of the pronouncement of the judgement. If the suspect rejects suspension of the pronouncement of the judgement: the verdict will be pronounced and the punishment will be enforced. In this case since there is a final verdict it is appealable and available for reverse of judgement.

Is suspension of the pronouncement of the judgement an exoneration decision?

Because the suspension of the pronouncement of the judgement results in new obligations to be fulfilled by the suspect it is not equal to an exoneration. As a result of noncompliance the decision is pronounced and the punishment enforced.

How can the criterion of compensation of damages  be satisfied?

One of the criteria for suspension of the pronouncement of the judgement is full compensation for all the damages suffered by the commonwealth and the victim. This can be achieved by either full restitution or reinstatement. In this case under the wording damages only the material loss is being understood and moral losses are not included.

The losses suffered must be direct. Indirect losses are not covered by this provision.

If a lawsuit for the damages has been opened in a civil litigation there is no ned in waiting for the verdict. The fact that a case for the damages has been opened doesn’t mean that the damages have been compensated.

If the losses suffered are in such an amount that they cannot be compensated right away: a payment by installments may be available as a way of mitigation. In this case suspect pays for the losses during probation.

Since the consent of the victim is not needed for suspension of the pronouncement of the judgement if victim agrees for a partial compensation or accepts the compensation made then the criteria is satisfied.

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