English translation: deferment of the announcement of the verdict
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Sorry but I felt that I had to remind one vital fact regarding type of definition sought for in Turkish language. Dear Tim is undisputabbly right what he has been put through yet "This is a definition for which definition in English sought for by the Asker" well, this naturally reveals that the English version of the same would be presented to a abroad Court or any compenent establishment outside territories of Turkish Republic. And I believe any oversea Judge or relevant parson reading it would understand what is meant by definition selected by the Asker is a decision postponement made by a court, Am I mistaken? Shortly this is different method of expressing an idea. Frankly
In other words, the term 'verdict' in legal language is used specifically to refer to the findings of the jury.
2: (note the bold words) http://legaldefinition.us/judgment-notwithstanding-the-verdi...
Judgment notwithstanding the verdict (jnov) Definition
Reversal of a jury’s verdict by a judge when the judge believes that there were insufficient facts on which to base the jury’s verdict, or that the verdict did not correctly apply the law.
This procedure is similar to a situation in which a judge orders a jury to arrive at a particular verdict, called a directed verdict. In fact, a judgment notwithstanding the verdict is occasionally made when a jury refuses to follow a judge’s instruction to arrive at a certain verdict.
In other words, after the jury has reached a verdict, the judge or judges still have to make a decision, pass a ruling or render a judegment (synonyms). There are courts in English speaking countries without juries, and we do not use 'verdict' for them.
I believe that a decision/conclusion/judgment (or whatever you may call it) that is reached by the court can be called as verdict if there is no jury present in the system and it is "verdict" to my understanding. Is there a difference? Maybe, but very slight considering that countries with no juries would be limited to use the term judgment otherwise :) "Judgment" does not really sound very "legal" to me.
The Turkish court system falls outside my area of expertise. However, it's my understanding that because there are no juries in any Turkish courts, Judges render decisions based upon findings of fact, evidence heard / given etc., and thereupon pronounce the verdict.
Yes, judges make 'decisions' at the end of the hearing; by definition, 'verdict' is the finding reached by the jury and not the decision made by the judge or judges. It is the wrong term to use with reference to Turkish law.
Correct, and I think you will find that the Australian practice that I have referred to below is similar and thus the language used in that section of the law provides a useful model.
By the way, a suspended sentence in English-speaking countries refers to a situation where the judge imposes the sentence, but suspends it contingent on the accused not committing further offences. If he does so, then the original sentence is automatically enforced.
In other words, suspending a sentence is different from deferring sntencing.
In the Turkish legal system, the phrase "Hükmün açıklanmasının geri bırakılması" is used to refer to a sentence that is suspended by the judge for a certain amount of time due to several reasons. Interpreting the phrase as "a delay in/deferment of the announcement of a verdict" is correct when we translate the same Turkish phrase into English without taking into consideration how it is used in the Turkish legal system.
This practice is used to give the offender an opportunity to remain clean and free as long as he does not commit the same crime again for the specified amount of time, which is announced in the "verdict".
The verdict is announced at the end of the trial without any postponement, while the sentence is postponed, and if the offender does not commit the same crime again, it is revoked at the end of the grace period by the court.
Section 83A of the Sentencing Act gives the Magistrate the following powers;
(1) If the Magistrates' Court finds a person guilty of an offence and-
• (a) the offender is, at the time of the finding, aged 18 years or more but under 25 years of age; and
• (b) the Magistrates' Court is of the opinion that sentencing should, in the interests of the offender, be deferred; and
• (c) the offender agrees to a deferral of sentencing- the Magistrates' Court may defer sentencing the offender for a period not exceeding 6 months.
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postponment of delivery of the verdict
Bulent Taylan Turkey Local time: 10:02 Specializes in field Native speaker of: Turkish PRO pts in category: 12
Explanation: Karar veriliyor, kesinlesiyor ve askiya filan alinmiyor, ancak "aciklanmasi" 5 yil sureyle erteleniyor. Tabi ki bu, hafifletici sebepler (daha once sabikanin olmamasi gibi) nedeniyle uygulaniyor. Eger bu sure icerisinde ilgili sanik tekrar suc islerse, sucun tabiatina bakilmaksizin aciklanmasi geciktirilen bu karar da otomatik olarak aciklaniyor. Mahkeme bu kararin verildigi kisiler hakkinda her yil savciliktan sabika kaydi talep ediyor ki, ilgili kisinin geciktirilen sucunun aciklanip aciklanmamasi gerektigine karar verebilsin.
-------------------------------------------------- Note added at 4 hrs (2010-12-07 17:46:42 GMT) --------------------------------------------------
Bir turlu not ekleyemedim, ama "deferment of declaration" olarak ta kullinabilir.
Erkan Dogan United States Local time: 02:02 Specializes in field Native speaker of: Turkish PRO pts in category: 71