In short
Deferment of the announcement of the verdict is the conditional deferment of the announcement of the verdict given under article 231 of the Criminal Procedure Code. The court gives a verdict about the accused. This verdict is not an acquittal. It is not the deferment of the execution of an announced sentence either. The decision may be given if the conditions in the statute are present in the concrete file. Falling, or announcement of the verdict, after the conditions is read from the later decision.
Why the verdict that was given stands without being announced
At the end of the prosecution, the court reaches a result as to the offence charged. If it will decide to defer the announcement, it first establishes the verdict it gave. This establishment is not the clearing of the accused. The verdict that was given stands. Because it was not announced, the results of an announced conviction are not operated of themselves at this stage. This sentence does not resolve how the record is reflected in which document. Visibility is a separate question, and it is read under the appearance of an HAGB record on the criminal register.
In the verdict section of the hearing minutes, the result that was given and that the announcement was deferred are looked for together. Merely saying "a favourable view was formed about the accused" is not this decision. If there is no section, a result is not assumed. In the reasoning it is written why the conditions were found, or were not found. The reasoning does not turn the provision in the short-form decision into another institution. If the provision says acquittal, this decision is absent. If the provision announces a conviction, that means the announcement was not deferred.
Some offences are kept closed to this decision in the statute. Whether it is closed is read from the statutory provision of the offence charged. The name of the offence may have been discussed differently at the hearing, and it may have been given in the verdict under another characterisation. The characterisation is read from the characterisation in the verdict, not from the first line of the indictment. When the characterisation changes, whether the decision is open is looked at again.
If there is more than one accused, the decision is given separately for each accused. The announcement may have been deferred for one accused, and another provision written for the other. If the name of the accused and the provision do not match in the short-form decision, the match is looked for from the minutes. If the minutes do not separate either, a result is not assumed. One offence of the same accused may have been tied to this decision, and another offence to an open conviction. The offences are not read by being joined in a single sentence. The sanction of each offence is seen from the line relating to that offence. If a sanction is not written on the line, the content of a verdict whose announcement was deferred is not treated as completed.
The conditions are looked for in the file
Article 231 of the Criminal Procedure Code ties the decision to the conditions in the statute being present. If a condition is absent, the decision is not given. Even when a condition is present, it is not written of itself for every accused. The court makes an assessment in the concrete file. The threshold of the condition is read from the text in force. A threshold that is not written in the file and in the statute is not carried here.
The statute looks for the kind and the limit of the sanction that was given. The limit is seen when the sentence in the verdict and the article text are put side by side. It is also looked at whether the accused was previously convicted of an intentional offence. Which conviction will close this condition is read from the text in force and from the record relating to it. If the record and the verdict conflict, the conflict is written. While there is no conflict, an old file is not treated as having closed the condition.
The court, having regard to the accused's personal characteristics and his attitude at the hearing, forms a view that he will not commit an offence again. This view is not drawn from a single sentence of courtesy in the hearing minutes. In the reasoning it is written why it was formed, or was not formed. If the view is not in the reasoning, it is not treated as existing.
If the offence gave rise to harm, the redress the statute looks for is also looked for in the file. Redress may be in the form of return in kind, restoration to the state before the offence, or compensation. Which route was used is read from the document. The amount, and whether it was completed, are from the papers. If there are no papers, it is not treated as redressed. A partial payment does not of itself pass into the place of the full redress the statute looks for. However the harm of the victim or of the public was described in the verdict, the redress is compared with that description.
The statement of acceptance and the redress are separate lines
The accused's acceptance is looked for separately, beside the conditions. If there is no acceptance, deferment of the announcement is not given. Acceptance is not the same thing as acknowledging the offence. Even if the accused denies the charge, if the statement of acceptance the statute looks for stands in the minutes, the statement is read. If there is no statement, having come to the hearing does not stand in for acceptance. In which session the statement was taken is seen from the minutes of that session. A petition written later is not treated as having completed the acceptance while there is no statement in the minutes. If there is a petition, it too is added to the file and read together with the minutes.
Redress and acceptance are not written in each other's place. If the harm was redressed and there is no acceptance, the decision is not given. If there is acceptance and the redress is incomplete, it is not given either. The court builds these two lines separately in the reasoning. Drawing one out of the other is reading the provision as incomplete.
Closing the file by settlement is not this decision. The settlement minutes do not stand in for the verdict whose announcement was deferred. A decision of non-prosecution is a prosecution-office paper. The investigation stage is in the article a prosecution-office investigation. Deferment of the announcement of the verdict is the court's decision in the prosecution. While the investigation continues, this provision is not treated as given.
The two doors after the obligation
When deferring the announcement, the court may also impose an obligation the statute shows. The obligation is in the decision's own provision. A duty that is not in the provision is not added from this text. Judicial control is a separate measure given while the investigation or the prosecution continues. Its definition is in the article judicial control. The list of measures is not carried of itself into the obligation of the verdict whose announcement was deferred. If the two texts stand in the same file, they are read separately.
The statute provides a separate later decision for the case of complying with the conditions and of not complying. If the period passes in accordance with the obligations that were imposed and a new intentional offence is not committed, the court may decide that the action falls, by setting aside the verdict whose announcement was deferred. If there is a new intentional offence, or a breach of the obligation, the verdict may be announced. Announcement is the verdict that was given now being brought under judgment without being hidden. This does not mean a new trial was opened from the start. Which door opened is read from the later decision. While there is no decision, it is not treated as having fallen, or as having been announced.
Conditional deferment of the execution of an announced sentence is not the subject of this article. That institution is built on an announced sentence. The separation is in the article suspension of the sentence. The two provisions are not joined as the same result.
The court may not have imposed an obligation. The obligation line standing empty does not make the decision invalid. The later door is also read from whether a duty that was imposed was complied with, if there is a duty. If there is no duty, the record of a new intentional offence that the statute looks for is looked for. A claim of a new offence is confirmed not with the file number of this file, but with the record of a new investigation or prosecution. While there is no record, the door is not treated as opened. If an obligation was imposed, the form of the duty is in the provision. If the provision says supervision and does not count a duty, a duty that was not counted is not made a ground of breach. If there is a claim of breach, the claim rests on a writing that shows which duty was not performed on which date. If there is no writing, a breach is not treated as existing.
An objection does not stand in for regional appeal
There is a route of objection against this decision in the statute. The authority of the objection is not the general separation of regional appeal and cassation. That separation is in the article regional appeal and cassation. The objection is directed at the decision deferring the announcement. If the period is written on the service, it is followed from there. If there is no service, a period is not assumed. That an objection was made does not of itself suspend the obligation. If there is a separate decision that it was suspended, that decision is read. If there is no decision, the obligation is not treated as having come off at the moment the objection petition was filed.
If the verdict is announced later, the appeal route of the announced verdict arises separately. That route is not a continuation of the objection at the start. Which authority is competent is read from the annotation of the announced verdict. If a decision of falling was given, an application against the decision of falling is also in the own annotation of the decision of falling. Pasting one application onto the period of the other does not change the decision in hand.
Conclusion
Article 231 of the Criminal Procedure Code gives the verdict and conditionally defers its announcement. Acceptance, redress, and the other conditions are looked for in the file. The later door is falling, or announcement of the verdict. An acquittal, and holding back the execution of an announced sentence, are not the same provision. The frame is on the criminal law page. The name of the institution is inside the Criminal Procedure Code No. 5271. The general frame of the sanction is in the text of the Turkish Penal Code No. 5237. A copy of the verdict may be examined separately through contact.