In short
Suspension of a sentence is leaving the execution of an announced prison sentence back on a condition. The sentence is written in the operative part of the judgment. Execution waits to the extent the condition the statute requires allows. This decision is not written of itself into every conviction. Deferment of the announcement of the judgment is another institution. Converting a short prison sentence into another sanction is not suspension either.
The announced imprisonment stands. Execution waits
In suspension the court announces the sentence. The accused is not left with a judgment that was not announced. The execution of the announced prison sentence is tied to a condition. Execution not starting at once while the condition continues does not mean the conviction was never built. The judgment stands as an announced sentence. If there is a suspension in the judgment, the execution unit does not change that condition with its own sentence. If there is no suspension in the judgment, the execution unit does not add a suspension.
Deferment of the announcement of the judgment is a separate decision. In that decision the announcement itself is left back. The definition is in the article on deferment of the announcement of the judgment. An acquittal is not the name of this operative part either. In an acquittal there is no conviction. In suspension there is an announced sentence, and its execution waits. The three results do not fit in the same sentence of the judgment. Whichever name is written in the operative part, the reading is that.
The supervision record stands in the judgment beside the suspension. If there is an obligation in the record, the obligation is read from there. A duty that was not written is not completed from this page. How long the supervision will last is followed from the text in force and from the line in the judgment. If the line and the statute conflict, the conflict is seen by placing the two texts side by side. While there is no conflict, a period is not assumed.
Which conviction it will be written into is read from the judgment
The statute ties suspension to a particular type of sentence and to conditions about the person. The subject is, as a rule, a prison sentence. A judicial fine itself is not read as suspension of the execution of imprisonment. The limit of the prison sentence is seen by comparing the period in the judgment with the text of the statute. In an imprisonment above the limit, it is not proceeded with as if a suspension had been built. Suspension is not mandatory in every imprisonment below the limit either.
The accused's earlier conviction can close the condition in the form the statute requires. Which conviction enters that is read from the text in force and from the record about it. Age is also looked at separately in the statute. Age is read from the state at the moment the act was committed, and from the assessment in the judgment. This page does not write an age threshold. The threshold is in the text of the article.
The court forms a view, through the accused's personality and their attitude at the hearing, that they will not commit an offence again. If the view is not in the reasoning, it is not treated as formed. The reasoning does not have to repeat the same sentence in every file. An assessment relating to the particular file is looked for. While there is no assessment, the operative part is not completed by saying "the conditions were favourable".
Making good the harm can be tied to suspension in the cases the statute shows. If it was tied, whether the making good was completed is read from the document. If it was not tied, the suspension is not treated as having fallen of itself because there is no line of making good. If it was written in the judgment as a condition, it is looked for in the form in which it was written.
Some offences are kept closed to suspension in the statute. Whether it is closed is read from the legal character of the offence in the judgment and from the special provision about that offence. If the character has changed, the closure is looked at again with the new character. This text does not build a list of closed offences.
If there is more than one imprisonment in the same judgment, suspension is read separately for each sentence. One may have been suspended and the other not. If the operative part says "the sentences have been suspended" and does not count which sentences, the count is completed from the reasoning. If the reasoning does not separate them either, the one that was suspended and the one that was not are not stuck onto each other. If there is an execution record in which an aggregation was made, the aggregation does not change the operative part on suspension. The suspension is in the court's judgment. The aggregation table of the execution unit cannot write a suspension that is not in the judgment. If the table and the operative part conflict, the conflict is seen by placing the two documents side by side.
The supervision obligation is in the decision
A period of supervision is set together with the suspension. The length of the period stands in the judgment and in the statute. This text does not fill that length with a figure. Within the supervision the court can write into the decision one, or several, of the obligations the statute counts. If the obligation is not in the operative part, it is treated as not being there. If it is in the operative part, the execution unit cannot narrow the text or widen it.
The obligation is not a copy of the list of judicial control. Judicial control is a protective measure that can be applied before the judgment. Its frame is in the article on judicial control. Signing in, not leaving the country, or a security, is not carried of itself into the operative part on supervision. If it was carried, the sentence into which it was carried is the suspension decision's own text. If the two decisions stand in the same file, their dates and their authorities are read apart.
Being in pre-trial detention is not a suspended execution either. Pre-trial detention is a measure given while the proceedings continue. Its condition is in the article on a pre-trial detention decision. Even if execution was suspended in the judgment, the lifting of pre-trial detention is followed separately from the file of that measure. An act at the investigation stage is not read as suspension of an announced sentence. The course of the investigation is in the article on an investigation by the public prosecutor.
An alternative sanction is another door
Converting a short prison sentence into a judicial fine, or into another option in the statute, is not suspension of execution. The option converts the sentence into another sanction. Suspension leaves the execution of the announced imprisonment waiting on a condition. The two are not written in each other's place in the same operative part. If the court first built a short imprisonment and then converted it into an alternative sanction, there may be no execution of imprisonment left to suspend. Whatever the converted result is, that result is executed. If the judgment says both an option and a suspension, which line was taken as the basis is read together from the reasoning and from the operative part. If there is a conflict, the conflict is written. While there is no conflict, the two institutions are not joined.
An announced judgment is not treated as executed before the route of appeal is exhausted. The distinction of authority is in the article on the difference between an appeal and a further appeal. The operative part on suspension does not of itself close the route of appeal. If there is an application, the file is not treated as left like the execution of a conviction until the endorsement is entered. If there is a waiver, the waiver is also read together with the endorsement. If the period is written in the record of service or of pronouncement, it is followed from there.
If the condition is broken, execution can come back
The statute provides that, if an intentional offence is committed during supervision, or in the case of a breach of the obligation, the execution that was left back comes onto the agenda in part or in whole. The court decides according to the character of the breach. The first failure does not give rise, from this page, to the result that the person will enter prison. The result is in the later decision. While there is no decision, execution is not assumed to have started.
If the conditions were complied with, the statute provides that the sentence is treated as executed. For that, a decision or a record that the supervision passed in accordance with the statute is looked for. While there is no record, the sentence is not declared closed. Being treated as executed does not mean the conviction was never built either. The judgment stands as announced. The outcome on the record is a record separate from execution closing in this form. That record is not resolved in this text.
If a decision of partial execution was given, which part will be served in the institution is read from that decision. If there is no part in the decision, a part is not invented. If the convicted person has another sentence, that sentence does not of itself enter this suspension. Each judgment carries its own execution line.
A writing of "execution complete" given before the supervision period ends does not mean the period has ended. Whether the period has ended is read together from the supervision record in the judgment and from the end record in the execution file. If there is no end record, the sentence is not treated as executed. If there is a record, which obligation the record covers is seen from the text. A duty outside the scope may have been written separately as a breach despite the end record. That writing does not of itself erase the end record. The result is however the judge, or the execution authority, tied these two records. If there is no decision tying them, the two records stand apart.
The text the convicted person should have in hand is the short decision and the supervision writing in the execution file. If there is a suspension in the short decision and not in the execution writing, the writing is incomplete. If there is a suspension in the execution writing and not in the judgment, the writing is not treated as having changed the judgment. The two texts are read together. To whom the supervision obligation was served is also in the endorsement of the writing. If there is no endorsement, the obligation is not assumed never to have been notified. If there is service, a claim of a breach after the service is assessed together with that date. If there is no date, an order of the breach is not built.
Conclusion
Suspension leaves the execution of an announced prison sentence waiting on a condition. It is not an automatic result open to every conviction. An alternative sanction converts the sentence into another type. If the condition is broken, execution can come back in part or in whole by a later decision. The frame is on the criminal law page. The statutory frame of leaving execution back is within the Turkish Criminal Code, Law No. 5237. The announcement of the judgment is in the procedure of the Code of Criminal Procedure, Law No. 5271. The operative part of the judgment can be read through contact.