Evaluation of the Law of Compensation due to protection measures in terms of theory and practice

It is a well-known fact that the main purpose of criminal proceedings is to reveal how the act, which is described as a crime, occurs, in other words, to reveal the material truth. In order to realize this aim, the fundamental rights and freedoms of the suspect/defendant are directly interfered with with protective measures. However, since the protection measures may constitute injustice depending on the place, the individual will be victimized. The most important duty imposed on a state by being a state of law is to take the responsibility arising from these unfair protection measures. With this study, Articles 141-144 of the Criminal Procedure Code. In this study, the institution of "Compensation Due to Protective Measures", which is regulated in its articles, has been examined in terms of both theory and practice. The aim of the study is to reveal some contradictions and deficiencies within the compensation institution itself and to prepare suggestions that can be used by those concerned in order to eliminate them and make this institution more functional. With the completion of the thesis, it is expected to contribute to the decisions of the judicial authorities and the regulations of the legislator in compensation cases due to protection measures, to benefit the right to a fair trial in the Turkish Criminal Procedure Law, and to contribute to the establishment of the public's confidence in the judicial system, to some extent.