{"id":625,"date":"2026-10-19T10:00:00","date_gmt":"2026-10-19T07:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/?p=625"},"modified":"2026-10-19T18:53:27","modified_gmt":"2026-10-19T15:53:27","slug":"compensation-for-protective-measures","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/koruma-tedbirleri-nedeniyle-tazminat\/","title":{"rendered":"Compensation for Protective Measures: CCP Article 141 and the Time Limit for Applications"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>Compensation for protective measures is the redress by the State, under certain conditions, of the pecuniary and non-pecuniary damage suffered by persons as a result of protective measures applied unlawfully or unjustly during criminal proceedings. In this article we examine the cases in which compensation may be claimed, the time limits for applications, the competent authority and the remedy against the decisions rendered.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>Compensation for protective measures refers to the compensation by the State of pecuniary and non-pecuniary damage suffered as a result of unlawful or unjust protective measures.<\/li>\n<li>Its legal basis is Article 141 et seq. of the Code of Criminal Procedure No. 5271.<\/li>\n<li>The claim for compensation must be made within three months of notification of finality to the person concerned and, in any event, within one year of the date of finality.<\/li>\n<li>Claims other than those under subparagraphs (e), (f) and (l) are decided by the assize court of the place where the injured party resides.<\/li>\n<li>In the cases under subparagraphs (e), (f) and (l), the application is made to the Compensation Commission pursuant to Law No. 6384; decisions of the Commission may be challenged before the Ankara Regional Administrative Court within fifteen days of notification.<\/li>\n<\/ul>\n<\/aside>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#koruma-tedbirleri-nedeniyle-tazminat-nedir\">What is compensation for protective measures?<\/a><\/li>\n<li><a href=\"#tazminat-istemi-halleri\">In which cases can compensation be claimed?<\/a><\/li>\n<li><a href=\"#tazminat-suresi-gorevli-mahkeme\">Time limit, competent court and petition<\/a><\/li>\n<li><a href=\"#tazminat-komisyonu\">Application to the Compensation Commission<\/a><\/li>\n<li><a href=\"#komisyon-kararlarina-itiraz\">Challenging Commission decisions<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"koruma-tedbirleri-nedeniyle-tazminat-nedir\">\n<h2>What Is Compensation for Protective Measures? (CCP Article 141)<\/h2>\n<p>Unlawful or unjust protective measures applied during criminal proceedings may, for persons whose guilt has not yet been established by a final conviction, lead to violations of fundamental rights and freedoms, above all personal liberty, as well as to loss of rights and hardship.<\/p>\n<p class=\"pm-tanim\">Provision has been made for the State to compensate, where certain conditions are met, the pecuniary and non-pecuniary damage suffered by persons as a result of protective measures being applied contrary to the conditions and procedure prescribed by law.<\/p>\n<p>The provision in question aims to redress the damage to the assets and personal interests of individuals caused by unlawful protective measures and thereby to provide an effective redress mechanism as required by the principle of the rule of law.<\/p>\n<p><a href=\"https:\/\/utuhukuk.com\/en\/recent-amendments-code-criminal-procedure\/\">Under the Code of Criminal Procedure No. 5271,<\/a> Articles 141 et seq. grant persons the opportunity to claim compensation in certain cases. The provision regulates in detail procedural matters such as the cases in which a claim for compensation may be made, the time within which it may be asserted, the competent court and venue, the trial procedure and the legal remedies available against the decision rendered.<\/p>\n<ul class=\"pm-cipler\">\n<li>Which cases<\/li>\n<li>Time limit<\/li>\n<li>Competent court and venue<\/li>\n<li>Trial procedure<\/li>\n<li>Legal remedies<\/li>\n<\/ul>\n<\/section>\n<section id=\"tazminat-istemi-halleri\">\n<h2>Compensation for Wrongful Detention: In Which Cases Can It Be Claimed?<\/h2>\n<p>Persons who encounter the following situations during a criminal investigation or prosecution may claim compensation from the State for the pecuniary and non-pecuniary damage they have suffered:<\/p>\n<ul class=\"pm-liste\">\n<li><strong>a.<\/strong> Persons who are arrested, detained on remand or whose continued detention is ordered outside the conditions specified by law<\/li>\n<li><strong>b.<\/strong> Persons who are not brought before a judge within the statutory custody period<\/li>\n<li><strong>c.<\/strong> Persons who are detained without being reminded of their statutory rights or without their request to benefit from the rights reminded to them being fulfilled<\/li>\n<li><strong>d.<\/strong> Persons who, although lawfully detained, are not brought before the trial authority within a reasonable time and in respect of whom no judgment is rendered within that time<\/li>\n<li><strong>e.<\/strong> Persons who, after being lawfully arrested or detained, receive a decision of non-prosecution or acquittal<\/li>\n<li><strong>f.<\/strong> Persons who are convicted but whose time spent in custody and detention exceeds their sentence, or who were necessarily sentenced to a fine because the only penalty prescribed by law for the offence committed is a fine<\/li>\n<li><strong>g.<\/strong> Persons to whom the reasons for their arrest or detention and the charges against them were not explained in writing or, where this was not immediately possible, orally<\/li>\n<li><strong>h.<\/strong> Persons whose arrest or detention was not notified to their relatives<\/li>\n<li><strong>i.<\/strong> Persons in respect of whom a search order was executed disproportionately<\/li>\n<li><strong>j.<\/strong> Persons whose belongings or other assets were seized although the conditions were not met, or for whose protection the necessary measures were not taken, or whose belongings or other assets were used for purposes other than intended or were not returned in time<\/li>\n<li><strong>k.<\/strong> Persons who were not allowed to benefit from the remedies provided for in the Law against arrest, judicial control or detention<\/li>\n<li><strong>l.<\/strong> Persons who receive a decision of non-prosecution or acquittal after being subjected to judicial control obligations consisting of not leaving their residence, or of undergoing and accepting treatment or examination measures, including hospitalisation for the purpose of recovering from addiction to narcotic, stimulant or volatile substances or alcohol<\/li>\n<\/ul>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Note \u00b7 Competent authority<\/p>\n<p>In the cases under subparagraphs (e), (f) and (l), the claim for compensation is made not to the assize court but to the Compensation Commission pursuant to Law No. 6384.<\/p>\n<\/div>\n<\/section>\n<section id=\"tazminat-suresi-gorevli-mahkeme\">\n<h2>Time Limit and Competent Court for Compensation for Protective Measures<\/h2>\n<h3>Time limit for the claim for compensation<\/h3>\n<p>A claim for compensation may be made within three months of notification to the person concerned that the decision or judgment has become final and, in any event, within one year of the date on which the decision or judgment became final.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Three months<\/p>\n<p>From notification to the person concerned that the decision or judgment has become final.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">One year in any event<\/p>\n<p>Within one year of the date on which the decision or judgment became final.<\/p>\n<\/div>\n<\/div>\n<h3>Competent court and venue<\/h3>\n<p>The claim for compensation is decided by the assize court of the place where the injured party resides and, if that assize court is connected with the act giving rise to the compensation and there is no other assize chamber in the same place, by the nearest assize court.<\/p>\n<figure class=\"pm-gorsel\">\n<img src=\"https:\/\/utuhukuk.com\/wp-content\/uploads\/2026\/10\/koruma-tedbirleri-nedeniyle-tazminat-sure-komisyon-itiraz.jpg\" alt=\"Compensation for protective measures infographic: the claim must be made within 3 months of notification and in any event within 1 year of finality; the competent authority is the assize court, and the Compensation Commission for subparagraphs (e), (f) and (l); Commission decisions may be challenged before the Ankara Regional Administrative Court within 15 days\" width=\"1600\" height=\"1000\" loading=\"lazy\" decoding=\"async\"><figcaption>Time limits for applications, competent authorities and the route of challenge in compensation for protective measures.<\/figcaption><\/figure>\n<h3>Contents of the compensation petition<\/h3>\n<p>The petition of the person claiming compensation must state their full identity and address, the act through which they suffered damage and the nature and amount of the damage, and must be accompanied by supporting documents.<\/p>\n<ul class=\"pm-tik\">\n<li>Full identity and address<\/li>\n<li>The act through which damage was suffered<\/li>\n<li>The nature and amount of the damage<\/li>\n<li>Supporting documents<\/li>\n<\/ul>\n<\/section>\n<section id=\"tazminat-komisyonu\">\n<h2>Application to the Compensation Commission (Law No. 6384)<\/h2>\n<h3>Remit, working procedure, duties and powers of the Commission<\/h3>\n<p>The situations set out above in subparagraphs (e), (f) and (l) fall within the scope of Law No. 6384 on the Duties and the Working Procedures and Principles of the Compensation Commission, and claims for compensation for all kinds of pecuniary and non-pecuniary damage arising from the application of protective measures are made by applying to the Commission.<\/p>\n<p>To decide on applications made under the Law, a Commission is established consisting of nine members appointed by the Minister of Justice from among the judges and prosecutors working in the central organisation of the Ministry and its affiliated and related bodies. The Commission convenes with at least seven members and the panels with their full membership; decisions are taken by an absolute majority of the full membership.<\/p>\n<p>Applications to the Commission are made within three months of notification to the person concerned that the decision or judgment has become final and, in any event, within one year of the date on which the decision or judgment became final.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Applications made to the wrong authority<\/p>\n<p>Claims made to the Commission although they fall within the jurisdiction of the assize court pursuant to the second paragraph of Article 142 of the Code of Criminal Procedure are sent to the assize court. Where claims falling within and outside the remit of the Commission are made together, the Commission separates the claims outside its remit and sends them to the assize court. In such cases, the date of the claim made to the Commission is taken as the basis.<\/p>\n<\/div>\n<\/section>\n<section id=\"komisyon-kararlarina-itiraz\">\n<h2>Challenging Commission Decisions<\/h2>\n<p>Decisions of the Commission may be challenged before the Ankara Regional Administrative Court, through the Commission, within fifteen days of notification. The petition of challenge is sent immediately to the reviewing authority together with all other documents relating to the application. This challenge is treated as a priority matter and decided within three months. If the Court does not find the Commission decision appropriate, it rules on the merits. Decisions rendered on the challenge are final.<\/p>\n<ol class=\"pm-adimlar\">\n<li><strong>Objection period<\/strong><span>A challenge is lodged within fifteen days of notification of the Commission decision.<\/span><\/li>\n<li><strong>Application through the Commission<\/strong><span>The petition of challenge is sent immediately to the Ankara Regional Administrative Court together with all documents.<\/span><\/li>\n<li><strong>Decision within three months<\/strong><span>The challenge is treated as a priority matter; if the Commission decision is not found appropriate, a ruling is given on the merits.<\/span><\/li>\n<li><strong>Final decision<\/strong><span>Decisions rendered on the challenge are final.<\/span><\/li>\n<\/ol>\n<p>Among the legal remedies in criminal procedure, we have discussed <a href=\"https:\/\/utuhukuk.com\/en\/reversal-in-the-interest-of-the-law\/\">annulment in the interest of the law<\/a> in a separate article.<\/p>\n<\/section>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-criminal-defence-lawyer\/\">Serious Crimes Lawyer in Ankara (Assize Court)<\/a> \u2014 investigation, pre-trial detention, assize court trials and legal remedies<\/p>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=5271&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Code of Criminal Procedure No. 5271<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Compensation for Protective Measures: Frequently Asked Questions<\/h2>\n<details open>\n<summary>What is compensation for protective measures?<\/summary>\n<div>\n<p>It is the compensation by the State, where certain conditions are met, of the pecuniary and non-pecuniary damage suffered by persons as a result of protective measures being applied contrary to the conditions and procedure prescribed by law. Its legal basis is Article 141 et seq. of the Code of Criminal Procedure No. 5271.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can compensation be claimed for wrongful detention?<\/summary>\n<div>\n<p>Yes. Persons who are arrested, detained on remand or whose continued detention is ordered outside the conditions specified by law may claim compensation from the State for the pecuniary and non-pecuniary damage they have suffered. Persons who, although lawfully detained, are not brought before the trial authority within a reasonable time and in respect of whom no judgment is rendered within that time are also covered.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can a person who is acquitted claim compensation?<\/summary>\n<div>\n<p>Persons who, after being lawfully arrested or detained, receive a decision of non-prosecution or acquittal may claim compensation. This situation falls under subparagraph (e), and the claim for compensation is made by applying to the Compensation Commission pursuant to Law No. 6384.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What is the time limit for compensation for protective measures?<\/summary>\n<div>\n<p>A claim for compensation may be made within three months of notification to the person concerned that the decision or judgment has become final and, in any event, within one year of the date on which the decision or judgment became final. Applications to the Commission are also made within the same time limits.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>In which court is a CCP Article 141 compensation action brought?<\/summary>\n<div>\n<p>The claim for compensation is decided by the assize court (high criminal court) of the place where the injured party resides. If that assize court is connected with the act giving rise to the compensation and there is no other assize chamber in the same place, the nearest assize court decides. However, claims under subparagraphs (e), (f) and (l), such as acquittal or a decision of non-prosecution, are made not to the assize court but to the Compensation Commission pursuant to Law No. 6384.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What should a compensation petition contain?<\/summary>\n<div>\n<p>The petition of the person claiming compensation must state their full identity and address, the act through which they suffered damage and the nature and amount of the damage, and must be accompanied by supporting documents.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can compensation be claimed for a search or seizure?<\/summary>\n<div>\n<p>Persons in respect of whom a search order was executed disproportionately, and persons whose belongings or other assets were seized although the conditions were not met, or for whose protection the necessary measures were not taken, or whose belongings or other assets were used for purposes other than intended or were not returned in time, may claim compensation.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How is a decision of the Compensation Commission challenged?<\/summary>\n<div>\n<p>Decisions of the Commission may be challenged before the Ankara Regional Administrative Court, through the Commission, within fifteen days of notification. This challenge is treated as a priority matter and decided within three months. Decisions rendered on the challenge are final.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about compensation for protective measures?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal and advisory services in the field of criminal law.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"Ceza Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"For example: I was acquitted after being detained, and I would like to know whether I can claim compensation for the damage I suffered.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>It has been providing legal and advisory services in Ankara since 2016 across many practice areas, particularly criminal law. <a href=\"https:\/\/utuhukuk.com\/en\/criminal-law\/\">Our criminal law practice \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>When can you claim compensation for protective measures? CCP Art. 141, unlawful detention, 3-month and 1-year limits, Compensation Commission, objection.<\/p>","protected":false},"author":1,"featured_media":768,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-625","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-ceza-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/625","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=625"}],"version-history":[{"count":3,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/625\/revisions"}],"predecessor-version":[{"id":807,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/625\/revisions\/807"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/768"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=625"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=625"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=625"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}