Mediation in Criminal Cases and Deferral of the Announcement of the Verdict (HAGB)

A guide to the mediation procedure, the conditions for HAGB, the supervision period, the Constitutional Court's annulment decision and the new rules, together with the summary prosecution and simplified trial procedures.

Mediation in Criminal Cases and Deferral of the Announcement of the Verdict (HAGB)

Criminal procedure provides for a number of alternative procedures intended to speed up proceedings, reduce the caseload of the courts and protect the interests of the parties. Mediation, deferral of the announcement of the verdict (HAGB), the summary prosecution procedure and the simplified trial procedure are the principal ones. Code of Criminal Procedure no. 5271 (CPC) regulates these institutions in detail. Significant changes have taken place in this field following the Constitutional Court's annulment decisions concerning HAGB. This article examines all of them in the light of the current legislation and case law.

What Is Criminal Mediation and Which Offences Fall Within Its Scope?

The term used in the statute is “uzlaştırma” (mediation). The scope is determined by CPC art. 253. Not every offence prosecuted upon complaint is automatically within the scope, and some offences that are not subject to complaint have been brought within it by express provision. Offences against sexual inviolability cannot be mediated; offences committed together with others and provisions of special statutes may alter the outcome.

Because the list of offences within the scope of mediation is updated by legislative amendment, one should not rely on ready-made lists but consult the text of the statute as it stood on the date of the offence and as it stands today. Both the version of CPC art. 253 in force on the date of the offence and the current version, together with any special statutory provision, must be checked. The offer of mediation and the negotiation rest on free will; accepting the offer is not a confession of the offence.

How Does the Mediation Procedure Work?

A file falling within the scope of mediation is referred by the public prosecutor to the mediation office. The office appoints a mediator registered with the Ministry; the mediator explains the legal consequences of the offer and of the negotiation to the parties and conducts the process impartially and confidentially. The periods and extension conditions in CPC art. 253 are applied according to the date of appointment in the file.

The parties may agree on compensation for pecuniary or non-pecuniary damage, performance of a specified act, a donation or any other lawful undertaking. Statements made during the negotiations cannot be used as evidence in any subsequent investigation, prosecution or civil action.

Where the undertaking is performed in a single act, a decision of non-prosecution is given at the investigation stage and the case is dismissed at the prosecution stage. Where the undertaking is deferred to a later date, paid in instalments or continuing in nature, the special consequences of deferral of the institution of the public prosecution at the investigation stage, and of deferral of the announcement of the verdict at the prosecution stage, may apply. If the undertaking is not performed, the mediation record counts as a document having the force of a judgment; the statutory consequences of the deferral or HAGB decision also follow. Where mediation is achieved, no action for damages may be brought on account of the offence under investigation; any action already brought is deemed waived.

What Is HAGB (Deferral of the Announcement of the Verdict) and What Are Its Conditions?

Under the text of CPC art. 231 that entered into force on 31 July 2026, HAGB means that a conviction, apart from the provisions on confiscation, produces no legal consequence for the accused. The resulting sentence must be two years' imprisonment or less, or a judicial fine; the accused must not have been previously convicted of an intentional offence; the court must be satisfied that the accused will not reoffend; and the damage suffered by the victim or the public through the commission of the offence must be fully redressed by restitution, restoration of the position before the offence, or compensation. The provisions on mediation are reserved. The requirement that the accused consent to HAGB has not been sought since 1 June 2024. The current text, as redrafted by Law no. 7589, likewise contains no such requirement. Where the damage cannot be redressed immediately, HAGB may be granted on condition of full payment in monthly instalments during the supervision period. HAGB does not apply to the offences of torture and ill-treatment, or to offences committed by a public official by reason of duty that may be regarded as ill-treatment within the meaning of art. 17 of the Constitution.

The supervision period is five years for adults and three years for children. The court may impose probation obligations within the limits set by the statute. If no intentional offence is committed during the supervision period and the obligations are complied with, the deferred verdict is set aside and the case is dismissed. The decision is recorded in a special system separate from the criminal record and may be used only for the purpose specified in the statute.

Why Did the Constitutional Court Annul the HAGB Provision and What Do the New Rules Introduce?

Following the Constitutional Court's annulment decision, HAGB was first regulated by Law no. 7499; paragraphs five to fourteen of CPC art. 231 were then rewritten by Law no. 7589 and entered into force on 31 July 2026. The current text expressly regulates the position as to confiscation, the conditions for HAGB, supervision, the available appeal, the recording system and the offences to which HAGB cannot be applied.

Under the current CPC art. 231/12, and subject to the final decisions listed in art. 272/3, an appeal to the regional court of appeal lies against a first-instance court's HAGB decision; art. 286 applies as regards decisions of the regional courts of appeal. Where the HAGB decision has been given by a regional court of appeal or by the Court of Cassation sitting as a court of first instance, an appeal on points of law lies, subject to the same exception. On appeal, both the decision and the verdict are reviewed as to procedure and merits. The date of the decision and the transitional provisions must again be checked separately.

In What Circumstances Is an HAGB Decision Set Aside?

Where an intentional offence is committed during the supervision period, or a probation obligation is breached, the court takes up the file afresh. In accordance with the conditions in CPC art. 231 it may announce the earlier verdict or apply the statutory options relating to the determination and execution of the sentence. In cases of breach of an obligation, the person's circumstances must be assessed.

“Mediation-based HAGB” is not a separate species of setting aside within general HAGB. Where the mediation undertaking is deferred to a later date or paid in instalments, the special consequences in CPC art. 254 are assessed under their own provisions. It should not be said that, the moment the verdict is announced, it automatically becomes final without any avenue of appeal.

An objection may be lodged under CPC art. 231/11 against a verdict that is announced or reconstituted. The court hearing the objection conducts a review limited solely to the conditions set out in that paragraph, as regards the new intentional offence, the breach of obligation and the options open to the court under the same paragraph.

What Is the Summary Prosecution Procedure and to Which Offences Does It Apply?

The summary prosecution procedure applies only to the offences exhaustively listed in CPC art. 250. Because the list is open to legislative amendment, it must be checked against the current provision; lists that add ordinary theft, fraud and similar offences to the scope in general terms are not reliable.

Where no decision to defer the institution of the public prosecution has been given, the prosecutor offers the procedure. If the suspect accepts it in the presence of defence counsel and on an informed basis, the sentence is determined by the method laid down in the basic criminal statute, reduced by one half, and the application is sent to the court. The court hears the suspect in the presence of defence counsel and verifies free will and the statutory conditions.

The suspect may withdraw from the summary prosecution up until the court delivers its verdict. If the procedure is not applied, statements made during the discussions cannot be used as evidence in any subsequent investigation or prosecution. An objection lies against the verdict given.

What Is the Simplified Trial Procedure and How Is It Applied?

Under CPC art. 251, after the indictment has been accepted, the court of first instance in criminal matters may decide to apply the simplified trial procedure in respect of offences carrying only a judicial fine or imprisonment with an upper limit of two years or less. This is not mandatory and cannot be applied in the cases excepted by the statute.

The indictment is served on the parties and they are given two weeks to submit their statements; the former fifteen-day period is no longer current. The court may decide without holding a hearing, and on conviction the resulting sentence is reduced by one quarter. The court may revert to the general provisions before a hearing is opened.

If an objection is lodged against the verdict, it is set aside and a hearing is opened. Where the objection was lodged by the accused, the court is not bound by the earlier one-quarter reduction; where it was lodged by persons other than the accused, the protective rule in CPC art. 252 applies. The new verdict is subject to the ordinary avenues of appeal.

Unlike the summary prosecution procedure, the simplified trial procedure is applied at the prosecution stage and does not require the prior consent of the accused. The court decides of its own motion to apply it. The accused's right to request a hearing is nevertheless guaranteed.

What Are the Differences Between Mediation, HAGB, Summary Prosecution and Simplified Trial?

Convictions entered at the end of a summary prosecution or a simplified trial are assessed, once final, under the criminal records legislation. An HAGB decision is recorded in a system separate from the criminal record. In mediation the outcome varies according to the timing of the undertaking and the stage of the file; each institution is applied on its own conditions.

Official sources: Code of Criminal Procedure no. 5271, Child Protection Law no. 5395, Law no. 7589