Added with SY 5560 to Article 231 of the Criminal Procedure Law, the “return of the announcement of the verdict”
The institution of “release” has long existed in Western countries. The institution has been around since the 1950s.
It has existed in Continental European legal systems since then. The practice first appeared in Anglo-Saxon law and then took its place in the penal codes of European countries.
has found. For example, in French law, with the Law dated 02.02.1945, in terms of juvenile delinquents
started to be implemented. Later, with the change made in 1975, adults were also included.
included in the scope. Again in Belgium, with the amendment of the law dated 29.06.1964, the
The institution of deferment of disclosure has also entered the Belgian legal system.
The fifth paragraph added with SY 5560 to Article 231 of the CMK is as follows:
“The penalty imposed at the end of the trial for the offense charged to the accused is two years or
if it is a shorter term of imprisonment or a judicial fine; revocation of the verdict by the court
decision may be made. … Postponing the announcement of the verdict,
means that it does not have any legal consequences for the accused.”
The institution is concerned with the individualization of punishment in modern criminal law.
should be evaluated in the light of its principles. The most important part of the positivist school to the classical criminal school
One of his contributions is to examine the concrete characteristics and state of danger of the offender.
and to determine the sanction according to the result of this examination. Criminal in modern criminal law
The personality traits of the individual, all internal and external reasons and motives that push him to commit a crime are examined,
All measures are taken to eliminate these reasons and the sanction is in this context.
is detected. Execution in modern law does not aim only at general or special prevention:
more importantly, it aims to reintegrate the offender into society. blame
Deteriorated social peace and lost peace and tranquility damage the possibility of social development. This
The whole society, including the individual who commits a crime, has to understand and apply the laws of nature.
using the means of directing the universal course and thus increasing social welfare.
weakens. For this reason, the sanction determined for the crime, disrupted social peace and tranquility.
re-establishment, thus keeping the opportunity for social development open for a period of time.
must
Delaying the explanation of the provision is also for this purpose. Crime
The judge, who examines the personality traits of the perpetrator, determines that the criminal act, his personality
It is not a necessary result of its characteristics, but rather an accidental reaction caused by external conditions.
It has been determined that he has the characteristics of a new crime in the next stage of his life and does not have a tendency to commit a new crime.
one of the ways he can apply in terms of personalizing the sanction is the provision.
deferring its disclosure.
