HAGB, non-prosecution decisions and probation in Turkey: what do they mean?

The short answer

These three concepts belong to different stages of a criminal case. A non-prosecution decision (kovuşturmaya yer olmadığına dair karar, commonly called takipsizlik or KYOK) is issued by the prosecutor during the investigation; no case is filed. HAGB (hükmün açıklanmasının geri bırakılması, deferral of the announcement of the verdict) is issued by the court at the end of trial; a sentence is set but has no legal effect for five years. Supervised release (denetimli serbestlik) concerns the enforcement of a final sentence: part of it is served outside prison under supervision.

Below we explain each one with the relevant statutory provisions and the questions people ask most. The information reflects legislation in force on 14 October 2026.

What is a non-prosecution decision?

Under Article 172 of the Code of Criminal Procedure (CMK), the prosecutor issues a non-prosecution decision at the end of an investigation if there is not enough evidence to create sufficient suspicion for an indictment, or if prosecution is not possible (for example, the complaint deadline or the limitation period has passed).

The decision is notified to the victim and to any suspect who was questioned, and it states the right to object, the deadline and the competent authority. It is not an acquittal, but since no case is filed there is no conviction either. You can see the decision on e-Devlet or the UYAP Citizen Portal.

A closed file is generally not reopened. However, if new evidence emerges and a criminal judgeship of peace (sulh ceza hâkimliği) rules accordingly, a case can be filed for the same act (CMK Art. 172/2). How long an investigation takes depends on the file, any expert reports and the prosecutor's workload.

Objecting to a non-prosecution decision: deadline and authority

The victim may object within two weeks of being served with the decision (CMK Art. 173/1). The period was changed from fifteen days to two weeks in 2024; in practice the length is the same, but it runs from the date of service.

The objection goes to the criminal judgeship of peace located where the high criminal court with jurisdiction over the prosecutor sits. Missing the deadline means losing the right to object, so keep a record of the service date.

The objection must set out the facts and evidence that justify an indictment. The judge may ask for further investigation; if the objection is upheld the prosecutor must file an indictment, otherwise it is rejected and the objecting party bears the costs. This route does not apply where the prosecutor has used a discretionary power, such as deferring prosecution.

What is HAGB and what are the conditions?

HAGB is governed by CMK Article 231. The court sets a sentence but does not announce the verdict: apart from confiscation, it produces no legal consequences for the defendant. If the defendant completes the five-year supervision period without problems, the verdict is set aside and the case is dropped.

Under the current text, HAGB requires that:

• the sentence is two years' imprisonment or less, or a judicial fine;
• the defendant has no prior conviction for an intentional offence;
• the court is satisfied, based on the defendant's personality and conduct at trial, that they will not reoffend;
• the harm caused is fully repaired by restitution or compensation. If this cannot be done immediately, HAGB may still be granted on condition that the harm is paid off in monthly instalments during the supervision period (Art. 231/9).

A prison sentence subject to HAGB cannot also be suspended or converted into alternative sanctions. HAGB is not an automatic right but a discretionary option the court must consider, giving reasons.

The five-year supervision period and what happens if HAGB is revoked

With an HAGB decision the defendant is placed under a five-year supervision period (Art. 231/8). The court may also impose obligations for up to one year, such as attending a training programme, supervised work or staying away from certain places. The limitation period for the case is suspended during supervision.

If the period passes with no new intentional offence and the obligations are met, the deferred verdict is removed and the case is dropped. During the period, no second HAGB can be granted for an intentional offence.

If the person commits a new intentional offence or breaches their obligations, the court announces the verdict (often described as HAGB “breaking”). Under the text in force since 31 July 2026, the court may assess the situation of a defendant who could not meet their obligations and issue a new judgment, ordering that up to half of the sentence not be enforced, or, where conditions allow, suspending or converting it. This announced or new judgment can be challenged by objection.

The new offence must be intentional and committed within the supervision period. Whether the old verdict should be announced before the new case is decided is a question that depends on the specific file.

Has HAGB been abolished? The 2026 amendment

No. The Constitutional Court, in its decision of 10 July 2025 (E.2024/98, K.2025/149), annulled certain provisions of Article 231 with a delayed effective date. Before that date, Law No. 7589 of 16 July 2026 (known as the 12th Judicial Package, published in the Official Gazette on 31 July 2026) rewrote paragraphs five to fourteen of Article 231.

Key points of the new text: HAGB cannot be applied to torture, ill-treatment and offences committed by public officials in the course of duty that may amount to ill-treatment under Article 17 of the Constitution. The five-year supervision period remains. HAGB decisions can be appealed to the regional court of appeal (istinaf), and to the Court of Cassation where the decision was given at first instance by a higher court.

Does HAGB appear on a criminal record?

HAGB decisions are not entered on the criminal record (adli sicil). They are kept in a separate system that only prosecutors, judges or courts can access in connection with an investigation or prosecution (CMK Art. 231/13; Criminal Records Law No. 5352, Art. 6). They therefore do not appear on the criminal record certificate from e-Devlet.

Convictions follow two stages. When the sentence is served, the enforcement limitation period expires or there is a general amnesty, the entry moves from the criminal record to the archive record (arşiv kaydı) (Art. 9). Judicial fines and suspended sentences go straight to the archive. Archive entries are generally erased five years after the conditions for archiving arise; for convictions that cause a loss of rights under Article 76 of the Constitution or other laws, the period is 15 or 30 years (Art. 12).

Archive data is accessible only to the person concerned, prosecutors and courts in an investigation, election boards and institutions authorised by special laws (Art. 10). Deletion and correction requests can be made through e-Devlet. The effect of HAGB or an archive entry on public employment, security clearance or a firearms licence is assessed under the relevant special rules.

What is supervised release and who qualifies?

In everyday use, denetimli serbestlik usually refers to serving a sentence under supervised release (Law No. 5275 on the Enforcement of Sentences, Art. 105/A). A prisoner of good conduct in an open prison or juvenile education centre, with one year or less left until conditional release, may apply, and the enforcement judge may allow the remaining period to be served outside.

• The period is two years for women with a child aged 0–6, and three years for those who cannot live independently due to serious illness, disability or old age.
• Under Law No. 7550 of 4 June 2025, for offences committed after it took effect, the prisoner must also have served at least one-tenth (and no less than five days) of the time to be spent in prison until conditional release.
• For offences committed on or before 31 July 2023, except for serious offences listed in the law, prisoners who have spent at least three months in an open prison may benefit three years earlier on request (Law No. 5275, provisional Art. 10/6; scope narrowed by Law No. 7571 of 24 December 2025).

Conditional release (koşullu salıverilme) is a separate stage: for fixed-term sentences, a prisoner of good conduct is generally released after serving half the sentence, or two-thirds for certain offences (Art. 107). A supervision period follows, during which the enforcement judge may impose obligations for up to two years.

Searches for denetimli serbestlik peaked in July 2026. As of 14 October 2026, no general sentence reduction or extension of supervised release has entered into force: Law No. 7589 (31 July 2026) did not change enforcement ratios, and Law No. 7593 of 8 August 2026 concerns the placement of juvenile prisoners and how time served under age fifteen is counted. Bills and news reports have no effect until they are enacted and published in the Official Gazette.

Signing in, community service and breaches

The probation office sets one or more obligations (Art. 105/A/5): unpaid community work, staying at a home or area under supervision (often called house arrest), staying away from certain places, or attending programmes. In practice the most common form is signing in at the probation office on set days and attending individual meetings. People convicted of drug use are also placed in treatment programmes, which may include unannounced urine tests.

Community service can also arise when a short prison sentence is converted into an alternative sanction, or when an unpaid judicial fine is converted into community work at two hours per day (Art. 106/3).

Breaches have serious consequences:

• Failing to report to the probation office within five days of leaving prison, persistently ignoring obligations, or asking to return leads to a transfer back to an open prison by order of the enforcement judge (Art. 105/A/6).
• If a case is filed for an intentional offence carrying a minimum of one year, allegedly committed during supervised release, the person may be sent back to prison; supervised release resumes on acquittal (Art. 105/A/7).
• Not reporting within two further days, or not surrendering within two days of a return order, triggers the offence of escape by a convict (Art. 105/A/8).
• Conditional release is revoked if the person commits an intentional offence during supervision or persistently ignores obligations despite a warning (Art. 107/12–13).

Missing a single sign-in does not automatically mean a return to prison; the law requires persistence, and the office issues a warning first. If illness, work or a change of address gets in the way, notify the office in advance, with documents.

What to do if you have a criminal file

1. Write down the date of service of every decision; deadlines for objection and appeal run from it.
2. Follow your file on e-Devlet or the UYAP Citizen Portal and do not miss hearings.
3. If HAGB is possible, plan how the harm will be repaired; if you cannot pay at once, tell the court about the instalment option.
4. During supervised release, keep your obligations and the probation office's contact details in writing.

Deadlines in criminal cases are short and the consequences long-lasting, so it helps to review the file with a lawyer, especially before deciding on HAGB, objections or appeals. Most cases from Istanbul's Anatolian side are heard at the Anadolu Courthouse in Kartal. For our criminal law work and how legal fees are set, see our guide to legal fees, or reach us via the contact page.