One of the most common legal institutions in Turkish criminal law is the Suspension of Verdict Announcement (HAGB), regulated under Article 231 of the Turkish Code of Criminal Procedure (CMK No. 5271). This mechanism ensures that a conviction verdict against a defendant does not produce any legal consequences, keeping their criminal record clear and allowing them to undergo a probation period without facing immediate sentencing. If the defendant successfully completes the 5-year supervision period without committing any intentional crimes, the public lawsuit is permanently dismissed.

1. What are the Conditions for Receiving HAGB in Turkey?

For a court to rule in favor of HAGB, several specific conditions under Turkish criminal law must be met concurrently:

  • The sentence ordered by the court must be 2 years or less of imprisonment or a judicial fine.
  • The defendant must not have been previously convicted of an intentional crime (a clean criminal record).
  • The court must form a positive opinion based on the defendant's character traits, behavior, and attitude during the trial that they will not commit any crimes again.
  • Any material damage caused to the victim or public must be fully compensated or restored to the original state.
  • The defendant must explicitly accept the application of HAGB. If the defendant rejects it, the court declares the conviction.

2. Does HAGB Appear on a Criminal Record?

A primary concern for many individuals is whether HAGB will appear on their official criminal background check. HAGB decisions do not appear on standard criminal records (sabıka kaydı) or criminal archive records in Turkey. These decisions are stored in a highly restricted, separate registry maintained by the Ministry of Justice, accessible only by judges and prosecutors in connection with their official duties. General background checks obtained via e-Devlet or local courthouse desks will show a completely clean record.

3. Expungement and the 5-Year Supervision Period

Once the HAGB decision becomes final, a 5-year supervision period begins (3 years for juveniles). During this period:

  • If the defendant does not commit another intentional crime and complies with the probation rules, the case is officially dismissed at the end of the term.
  • Upon dismissal, the restricted registry entries of HAGB are permanently deleted.
  • Important Notice: This expungement is not always automated. Upon completion of the 5-year period, the individual should file a formal petition to the trial court to officially drop the case and notify the Ministry of Justice to clear the special database.

4. Impact of HAGB on Employment and Security Clearances

Under Civil Servants Law No. 657, HAGB does not prevent general public service employment. However, special institutions such as the Armed Forces (TSK), Police Force (Emniyet), Gendarmerie, and National Intelligence Organization (MİT) have their own strict regulations regarding security clearances.

Under the Council of State's settled case law, records relating to a HAGB decision may be obtained and taken into account by the administration as part of an archive investigation and security clearance. That assessment is not absolute, however: whether a HAGB record can justify a negative security clearance result depends on a case-by-case review of the nature of the offence and the sentence imposed. Where the offence is serious and incompatible with the trust expected of the position (for example, offences involving violence or breach of trust), the Council of State's Plenary Session of Administrative Chambers has upheld reliance on the HAGB record. Conversely, where the offence is minor or the administration disqualifies a candidate automatically without any such individualised review, the measure can be annulled by the administrative courts. In short, a HAGB record is neither "never" nor "always" a valid ground; the outcome depends on the specific facts, and candidates facing wrongful disqualification should file an administrative lawsuit for annulment.

Frequently Asked Questions

For detailed information and legal consultation, you can visit our Criminal Law page, or request an appointment via our Contact page.

Can a HAGB decision be appealed?

Yes. Objections to a HAGB decision must be filed within 7 days of the verdict or notification. The objection is evaluated by a higher court, typically the nearest Assize Court (Ağır Ceza Mahkemesi).

What happens if I commit a negligent crime during HAGB?

Negligent crimes (such as minor traffic accidents) do not breach HAGB probation. Only intentional crimes will cause the court to declare the suspended conviction.

Does HAGB affect private sector employment in Turkey?

No. Private employers cannot access the restricted HAGB database. They can only view standard background checks, which remain clean, ensuring no issues for private job applications.

1. Court of Cassation, Criminal General Assembly: A Ruling Setting Aside a Deferred Sentence May Be Challenged by Appeal in the Interest of the Law

Court of Cassation, Criminal General Assembly – File: 2023/159, Decision: 2026/9 (dated 07.01.2026, by majority)

Summary: A suspension of the pronouncement of judgment (HAGB) does not produce any legal consequence for the accused, and cannot be directly cited as a ground for dismissal from or obstacle to civil service.

"[…] the ruling of the reviewing authority, which is not a final judgment in the substantive sense securing the definitive conclusion of the legal dispute but is final only in the formal sense, and which under article 223 of the Code of Criminal Procedure has the character of a decision that does not resolve the merits of the action, must by its nature be quashed under article 309(4)(a) of the Code of Criminal Procedure so that the court which rendered it may decide anew. For this reason the reasoning in the Chamber's referral decision, to the effect that this ruling cannot be made the subject of an appeal in the interest of the law — an extraordinary remedy — is not legally sound […]"

(Translated excerpt; Turkish original is authoritative)
View Full Decision (Turkish)

Council of State, Plenary Session of Administrative Chambers - File: 2025/697, Decision: 2025/1913 - A HAGB Record Is Assessed in a Security Clearance According to the Nature of the Offence

Council of State, Plenary Session of Administrative Chambers - File: 2025/697, Decision: 2025/1913 (Date: 13.10.2025, by majority, final)

Summary: A HAGB record is data that may be obtained through an archive investigation and security clearance; whether it can justify a negative outcome depends on the nature of the offence and the sentence imposed. The Plenary Session of Administrative Chambers upheld as lawful a decision that a candidate NCO's security clearance be negatively affected by a HAGB record for the offence of threat, and QUASHED, against the candidate, the lower court's decision insisting on its earlier ruling in the candidate's favour.

"…it is understood that, following criminal proceedings arising from the act committed by the claimant, records of the … Criminal Court of Peace's decision sentencing him to 5 months' imprisonment for the offence of threat and deferring pronouncement of the judgment (HAGB) were obtained by the defendant administration through an archive investigation and security clearance, and that, taking this record into account, the measure terminating the candidacy process was issued on the ground that the claimant's security clearance and archive investigation had a negative outcome. […] having regard to the nature of the criminal case and of the decision rendered against the claimant, it is concluded that the act and the sentence were of a nature capable of causing the claimant's security clearance to have a negative outcome…"

(Translated excerpt; Turkish original is authoritative)
View Full Decision (Turkish)