Suspension of the Pronouncement of the Verdict (SPV)
Suspension of the Pronouncement of the Verdict (SPV) means that the verdict issued by the court does not have any legal consequences for the defendant when the sentence imposed is imprisonment for two years or less, or a judicial fine. The suspension of the pronouncement of the verdict is an institution that gives the defendant a second chance and aims to eliminate the drawbacks of imprisonment. If the defendant does not commit any intentional crime within the probation period specified by law and complies with their obligations, the verdict for which the SPV decision was given is nullified. No sentence is imposed on behalf of the defendant.
What are the Conditions Required for a Suspension of the Pronouncement of the Verdict (SPV) Decision?
If the following conditions are met for the defendant, the court will evaluate the suspension of the pronouncement of the verdict ex officio without the need for the defendant to request it.
- If the sentence imposed on the defendant is imprisonment, it must be two years or less. If it’s a judicial fine, it must be a judicial fine directly imposed.
- The defendant must not have been previously convicted of an intentional crime.
- The damage suffered by the victim or the public due to the crime must be compensated.
- The court must be convinced that the defendant will not commit another crime.
- The defendant must accept the suspension of the pronouncement of the verdict.
- There must not have been a previous decision to suspend the pronouncement of the verdict for the defendant.
How Long is the Probation Period for the Suspension of the Pronouncement of the Verdict?
With the decision to suspend the pronouncement of the verdict, the defendant is placed under probation. The probation period is 5 years. If the defendant is under 18 years old, the probation period is applied as 3 years. If the defendant does not intentionally commit a new crime during the probation period and complies with the obligations determined by the judge, the suspended verdict is nullified.
What Happens if a Crime is Committed During the Probation Period?
If the defendant intentionally commits a new crime during the probation period, the decision to suspend the pronouncement of the verdict is revoked by the court. Suspension of the Pronouncement of the Verdict (SPV); The court opens a new hearing, and in this hearing, the suspended verdict is pronounced as is, and the defendant’s sentence is imposed. Even if the defendant does not commit an intentional crime, if they act contrary to the probation obligations determined by the judge, the SPV decision is pronounced as is, but the court may evaluate the defendant’s situation and decide to reduce the sentence by up to half, suspend the prison sentence, or convert it to alternative sanctions.
How is the Suspension of the Pronouncement of the Verdict Removed and Does it Appear on Criminal Records?
One of the most frequently asked questions about the SPV decision is whether it will be recorded in the criminal record, commonly known as the police record. Since the decision to suspend the pronouncement of the verdict is an institution aimed at eliminating the drawbacks of prison sentences and gives the defendant a second chance, it does not have a negative impact on the individual’s legal and social status. There is no mention of a conviction for a person who receives an SPV decision. The SPV decision is not recorded in the criminal record but is kept in a special register, therefore it does not appear in the criminal record.
Does the Suspension of the Pronouncement of the Verdict Have an Effect on Civil Service?
People who have been sentenced to imprisonment for 1 year or more for an intentional crime cannot become civil servants. Since the SPV decision does not produce any negative legal consequences, the SPV decision given about a person does not prevent them from becoming a civil servant and cannot cause them to be dismissed from civil service. It is observed that some public institutions access SPV decisions by requesting security investigations during recruitment. Civil servant candidates affected by the SPV decision seen in the security investigation can file a cancellation lawsuit in the administrative court with a request for a stay of execution within 60 days.
