Compensation due to protection measures
2024
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Advisor: Dr. Aslıhan Öztezel
Abstract (EN)
Temporary protection measures used in criminal proceedings in order to reach the material truth may cause harm. In such cases, as a requirement of the rule of law, individuals must be compensated for their damages. In the first part of our thesis, the legal basis and principles of protective measures, their development in Turkish law starting with the Law dated 1339 and extending to the Criminal Procedure Code No. 5271, what the protection measures included in Law No. 5271 consist of, and the common features that should be taken into consideration when applying for these measures are explained. In the second part, the protective measures that allow compensation and a detailed examination of these measures are included. In the third part, within the scope of the study, issues such as compensation under CMK art. 141 et seq., trial procedure, situations in which compensation cannot be claimed, and recourse were examined, and some positive opinions and criticisms were also included in the conclusion.
Author
Dr. Serkan Kaya
Institution
How to Cite
Serkan Kaya (Master Thesis). Compensation due to protection measures, 2024, İstanbul Beykent Üniversity.
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