Cases where compensation may be demanded due to protective measures according to the code of criminal procedure

State that has domination power on the individuals has the responsibility to compensate the damage that caused by state with mispanishment. İn implementation the damage that occured by state is covered with compensation.The right to have the compensation mostly coused by mispunishment by the state. Because the individuals are in a passive situation when the state use its domination power. The state may cause to a restriction in fundamental rights and freedoms because the state use its domination power by low enforcers in judgement process. Becouse of this individuals may face with unfair conditions. Code of criminal prosedure are regulated in a way that can allow to restric some fundamential rights for prophylactic purpose.On the other hand The code of criminal prosedure indicate the circumstance of compensation, the sides which are responsible from ristriction of fundamentional rights and the ways how to apply to courts.İn this study we will evaluate the condition that gives right for compensation, condition of compensation, the conditions that may cause to taking the compensation back and lastly the claim on recourse. Key words: restriction for prophylactic purpose, compensation of restriction, responsibility of state from unfair restrictions, freedoms of individuals, responsibility of the state, claim of recourse.