CMK Article 141 regulates the state compensation for the damage suffered by a person due to unfair arrest, detention or capture.
Reasons for Compensation
- Person who has been acquitted or decided not to prosecute
- Detention exceeding the maximum period
- Unlawful arrest
- Detention for longer than the sentence. stay
- Person whose rights violation has been determined by the Constitutional Court
Request Period
- Within 3 months following the finalization of the decision
- In any case, within 1 year
What Can Be Requested
- Loss of income
- Attorneyship fees
- Material compensation (medical expenses)
- Pecuniary damage
Court in Charge
High criminal court.
Defendant
Treasury.
Supreme Court CGK and the Constitutional Court
AYM and CGK determine compensation for factors such as the length of the detention period, the victim's profession, social situation, and the psychological impact he/she experiences. It accepts that the amount is decisive.
ECHR Dimension
After domestic remedies are exhausted, an application can be made to the ECHR within 4 months.
Criminal and compensation law lawyer is recommended.