What is deferral of the pronouncement of judgment (HAGB)?

Deferral of the pronouncement of judgment (HAGB) is an institution of individualisation of punishment under which the sentence imposed on the defendant has no effect within a certain supervision period; if no intentional crime is committed during the supervision period and the obligations are complied with, the criminal judgment is removed and the case is dropped (Article 231 of the Criminal Procedure Code, CMK). Whereas in individualisation institutions such as suspension and discretionary reduction the court’s judgment produces certain legal consequences, in deferral of the pronouncement of judgment there is no court judgment that produces consequences. The court has not yet announced its decision in a way that produces consequences in the legal system; it has deferred the announcement.

A HAGB decision gives the defendant, as it were, a second chance, without imposing any restriction on the person’s civil, political or private life. A HAGB decision effectively suspends criminal-law intervention in the life of the person who committed the offence.

Deferral of the pronouncement of judgment means that the judgment rendered has no legal consequence for the defendant, except for the provisions on confiscation (Article 231/5 of the Criminal Procedure Code). Under the statutory provision, HAGB decisions concerning confiscation of objects or gains can have direct effect, that is, they can be enforced. While the HAGB decision remains suspended, the part of the judgment concerning confiscation can be enforced.