You were taken into custody, perhaps spent months in prison — then you were either acquitted or ruled not to prosecute. Lost time, work, and reputation do not come back; However, the law provides compensation for this loss.Wrongful arrest compensation is a right based on the strict liability of the state and regulated in detail in the Code of Criminal Procedure.
In this article, by whom, in what cases, in what period and in which court the compensation lawsuit will be filed; We explain what can be claimed and in which cases there is no right to claim compensation.
Basis for the right to compensation
The right is regulated in Article 141 of the Criminal Procedure Code No. 5271. The logic of the article is this: protection measures are an activity carried out by the state; If a person is unjustly deprived of his freedom during this activity, the state covers the damage. Here, the personal fault of the judge or prosecutor is not required – liability is perfect.
As a matter of fact, the law states that compensation cases to be filed due to the decisions or actions of judges and prosecutors but against the state clearly states that it can be opened. Personal fault, tort or other liability cases are also included in this rule. The state shall recourse the compensation paid within one year to judges and prosecutors who abuse their duties by acting contrary to the requirements of their duties.
In what cases can compensation be requested?
The law lists the situations requiring compensation one by one. Those who are exposed to the following situations during criminal investigation or prosecution may request all kinds of material and moral damages from the state:
- Except for the conditions specified in the law those who were caught, detained or whose detention was decided to continue.
- Those who are not brought before a judge within the legal detention period.
- Without being reminded of their legal rights or those who were arrested before their requests to benefit from their reminded rights were fulfilled.
- Even though he was arrested lawfully not brought before the judicial authority within a reasonable time and those for whom no judgment was given within this period.
- After being caught or detained in accordance with the law,no need for prosecution or acquittal decided.
- Even though you are convicted the time spent in custody and detention is longer than the period of conviction those; or those who are compulsorily punished with this penalty even though the only penalty prescribed by law for the crime is a fine.
- Accusations are made against them due to the reasons of arrest or detention.those that are not explained in writing or, if not possible, verbally.
- Those whose arrest or detention was not notified to their relatives.
- About
Performed in search warrant is excessive format. - Those whose belongings or assets were seized before the conditions were met; whose belongings were not protected, used for purposes other than their intended purpose, or not returned on time.
- Against capture, judicial control or detention those who are not benefited from the application opportunities in the law.
- With clause added in 2024:not leaving the residence or including hospitalization for the purpose of detoxification subjecting to treatment or examination measures were implemented.
This last clause is a significant expansion: now not only the time spent in prison, but also heavy judicial control obligations can be subject to compensation.
Notification obligation of the authority giving the acquittal decision
The authorities making decisions regarding acquittal, no prosecution and the last paragraph above shall notify the relevant person.informing that there is a right to compensation and has to decide on this issue. In practice, this notification is sometimes skipped; Even if there is no such clause in your decision, your right will not be lost.
Case duration: two limits not to be missed
The claim for compensation is subject to two separate periods and both together is valid:
- Decision or judgment three months from the notification of the finalization to the relevant person,
- In any case, the decision or judgment
In one year following the finalization date.
In other words, even if notification is never made, the request will not be accepted after one year has passed since it became final. These periods are degrading; Its evasion leads to the denial of the right without examining the merits. In practice, the most frequently lost cases are those that are rejected out of time.
In which court is it filed?
As a rule, the request the place of residence of the person who suffered the damage is in the high criminal court is resolved. If the high criminal court of that place is related to the transaction subject to compensation and there is no other high criminal court in the same place, the nearest high criminal court is competent.
With an amendment made in 2024, an important exception was introduced: in terms of requests based on acquittal/non-prosecution decision, cases of detention exceeding the period of conviction, and requests within the scope of the newly added judicial control clause.
The provisions of Compensation Commission No. 6384 apply. Although within this scope, requests made to the high criminal court are sent to the Commission. If requests that fall within the jurisdiction of the high criminal court and those that do not fall within the jurisdiction of the high criminal court are made together, the court separates those that do not fall within the jurisdiction and sends them to the Commission — and in these cases the date of the request made to the high criminal court is taken as basis. In other words, applying to the wrong authority does not result in loss of rights in terms of time.
What should be included in the petition?
The law also regulates the content of the petition. The person making the request must record the following and attach documents to his/her petition:
- Clear identity and address information,
- The nature of the transaction in which the loss occurred,
- Quality and quantity of damage.
If the information and documents are insufficient, the court within one month indicates that the request must be eliminated, otherwise the request will be rejected. The petition that is not completed within the deadline will be rejected, with the possibility of appeal.
Documents that need to be added in practice: acquittal or non-prosecution decision and finalization annotation, arrest and release warrants, prison entry and exit records, income documents (payroll, tax record, professional chamber letter), letters showing job loss, health reports.
How does the trial work?
After examining the file, the court will send a copy of the petition and its annexes that it finds sufficient.To the Treasury representative and requests it to submit its declarations and objections, if any, in writing within two weeks.
The court evaluates the request and proof documents and determines the amount according to the general principles of compensation law.
He is authorized to do any research deemed necessary or to have one of his judges do it.
Decision
It is given as with hearing. If the requester and the Treasury representative do not appear despite the notification of the explanatory call sheet, a decision may be made in their absence. The public prosecutor or Treasury representative who makes a request against the decision
Can refer to path appeal; The investigation is carried out first and foremost.
How is compensation calculated?
Compensation consists of two items: material and moral.separately is evaluated.
Financial compensation covers the loss of income suffered during the period of deprivation of liberty. If the person’s actual income can be documented, that is the basis; If it cannot be documented, the calculation is made based on the minimum wage. Items such as attorney fees, travel and prison expenses can also be evaluated under this heading.
Non-pecuniary damage covers the pain, sadness and loss of reputation caused by deprivation of freedom. Criteria such as the duration of detention, the person’s social and professional position, and the degree to which the incident is reflected in the public are taken into account.
Calculation criteria of the Supreme Court
The 12th Criminal Chamber of the Supreme Court of Appeals has clarified in its jurisprudence how the calculation will be made. In a decision, in the file
In case of multiple arrest periods, financial compensation separately for each period calculation and non-pecuniary damages from the date of each arrest ruled that legal interest should be charged. Combining the periods and evaluating them as a single item is a reason for cancellation.
In another decision of the same Chamber, it was emphasized that the time spent in detention, the economic and social situation of the person and the principle of equity should be taken into consideration together in determining the amount of compensation. This means that the court’s discretion is not free, but based on controllable criteria.
Who cannot claim compensation?
People who are lawfully captured, taken under judicial control or arrested cannot claim compensation for the following:
- Those who, although not entitled to compensation, become eligible to claim compensation due to a law that came into force later and introduced favorable regulations.
Those against whom it was decided that there was no need for prosecution or that the case would be dropped due to reasons such as - General or special amnesty, waiver of complaint, reconciliation; Those whose public proceedings have been temporarily suspended, postponed or dropped.
- Lack of defect capability Those for whom it was decided that there was no need to impose a penalty.
- Before judicial authorities under false pretense Those who report that they have committed a crime or participated in a crime, resulting in their detention, judicial control or arrest.
The logic of this list is this: compensation is the response to the wrong action of the state. Situations that arise as a result of a person’s own declaration or a favor provided to him or her are not included in this scope.
Recovery of compensation and recourse
The compensation paid is not always certain. Compensation paid to those who were convicted after the decision stating that there was no need for prosecution was later lifted and a public lawsuit was filed against them, and to those who were convicted after the trial was renewed against them.part of the sentence period is withdrawn. This is done by a decision from the same court upon the written request of the prosecutor and by applying the legislation on the collection of public receivables. The decision can be appealed.
Also
In case of detention and arrest due to slander or false testimony, the state also has recourse against the person who slanders or gives false testimony.
Frequently Asked Questions
Can everyone who is acquitted receive compensation?
As a rule, yes, those who are acquitted after being lawfully captured or arrested can claim compensation. However, decisions based on reasons such as amnesty, reconciliation, withdrawal of complaint or lack of fault capacity are outside this scope.
How long does it take to file a compensation lawsuit?
Within three months from the notification of the finalization of the decision and, in any case, within one year following the finalization. Both periods are derogatory.
Against whom will the lawsuit be filed?
Against the state; The treasury representative is a party in the case. A lawsuit cannot be filed directly against the judge or prosecutor.
Is compensation also received for the time spent in custody?
Yes. The law also covers arrest and detention; Failure to appear before a judge within the legal detention period is itself a reason for compensation.
Can compensation be claimed for judicial control?
After the 2024 amendment, yes — compensation can be requested if acquittal or non-prosecution is decided after heavy obligations such as not leaving the house and addiction treatment are implemented.
How much compensation is received?
Material compensation is determined on an equitable basis according to the loss of income, non-pecuniary compensation according to the duration of detention and the social-economic status of the person. If there is more than one arrest period, each period is calculated separately.
Can the decision be appealed?
The public prosecutor or Treasury representative who makes a request against the decision may appeal; The investigation is carried out first and foremost.
Disclaimer: This article has been prepared to provide general information about Turkish law and does not constitute legal advice. Claims for compensation are subject to short and restrictive periods; In order to avoid loss of rights, consult a lawyer without delay after your decision is finalized.
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