Paylaş: Compensation Due to Protective Measures
Compensation due to protective measures is regulated by Article 40/3 of the Turkish Constitution and Articles 141-144 of the Turkish Criminal Procedure Code. According to the Constitution, the State compensates individuals for damages caused by the unjust actions of public officials. The Criminal Procedure Code grants compensation rights for individuals subject to unjust protective measures like arrest, detention, search, and seizure.
Scope of Compensation Rights
The Criminal Procedure Code specifies cases eligible for compensation, which cannot be expanded by analogy. However, it does allow claims for damages in cases not explicitly listed, such as surveillance through technical means. Eligible cases for compensation include:
- Unlawful arrest or detention
- Failure to present the detainee before a judge within the legal period
- Failure to inform the detainee of their rights
- Failure to explain detention reasons or notify relatives of the arrest
- Excessive or delayed seizure of property
Conditions and Deadlines for Filing a Compensation Claim
Compensation claims must be filed within three months from the final decision and no later than one year from the judgment’s finalization. Claims are filed with the heavy penal court where the claimant resides, including:
- Personal identification and address information
- The nature and extent of the harm suffered
- Relevant supporting documents
If documents are insufficient, the court may allow a one-month period for completion; otherwise, the claim may be rejected.
Calculation of Compensation
The amount of compensation is based on both material and moral damages, considering factors like the length of unlawful detention. The court assesses the extent of harm and calculates an appropriate amount according to general legal principles.
Administrative Responsibility and State Recourse
If the State pays compensation for damages caused by officials, it reserves the right to recourse against judges, prosecutors, or trustees within one year if they acted unlawfully.
Circumstances Requiring Repayment of Compensation
Compensation may be reclaimed under certain conditions:
- If a no-prosecution decision is overturned and the individual is later convicted
- If an acquittal is reversed and results in a conviction
Repayment is enforced upon a court order following the prosecutor’s request.
Conclusion and Summary
Compensation for protective measures aims to protect individuals from unjust judicial procedures, ensuring that the State compensates for harm caused by wrongful actions during legal proceedings.
This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.
