"HAGB (Suspension of the Pronouncement of the Judgment) in the 12th Judicial Package"

Here is the professional and legal English translation of the text:

The institution of HAGB (Suspension of the Pronouncement of the Judgment) in Türkiye has undergone radical changes through recent judicial packages following the cancellation decisions of the Constitutional Court (AYM).

Although the most radical and structural changes regarding HAGB were implemented with the 8th Judicial Package, complementary steps and debates aimed at resolving the practical deficiencies of this system continue in subsequent judicial packages (including the 9th, 10th, 11th, and the currently pending 12th Judicial Package processes).

Within the framework of recent judicial packages and the current legal status, the most critical headings regarding HAGB are as follows:

1. Opening the Path to Appeal (The Most Significant Change)

• Old Practice: Under the old practice, HAGB decisions could only be "objected to" before a higher court, and these objections were generally reviewed superficially (procedurally).

• New Status: The path to appeal (istinaf / regional courts of appeal) has now been opened against HAGB decisions. Consequently, the decision is subjected to a substantive and more comprehensive review.

2. The Requirement of the Defendant's Consent (Acceptance)

• Past Practice: In the past, the defendant's consent was required for an HAGB decision to be rendered. This consent requirement was abolished with the 8th Judicial Package. However, this was severely criticized on the grounds that it led to a loss of rights, as defendants who believed they would be acquitted could not directly exercise their right to appeal.

• Current Agenda: In the new packages brought to the parliamentary agenda and in ongoing debates, the focus is on how to reintegrate the defendant's free will into the system (or how to make the appeal process more effective) to resolve this situation which undermines the right to a fair trial.

3. Confiscation Decisions

When an HAGB decision was rendered, provisions regarding the confiscation of property or proceeds derived from the crime (transferring ownership to the state) were also suspended. With the new regulations, how confiscation decisions will be executed during the HAGB suspension period has been clarified and brought into alignment with the Constitutional Court's decisions aimed at protecting property rights.

Summary: The Relationship Between the 12th Judicial Package and HAGB

If you are directly examining the HAGB headings within the scope of the draft 12th Judicial Package, the main focus is on:

• Resolving the disruptions in practical implementation caused by the amendments made in previous packages (especially the 8th Package),

• Making procedural regulations to alleviate the case workload on the regional courts of appeal (istinaf),

• Clarifying compliance regulations in areas where the Constitutional Court ruled there was a violation of rights, such as the "freedom to seek remedies" and the "right to property."