THE ISSUE OF RECOURSE FOR COMPENSATION OWING TO THE PROTECTION MEASURES

The issue of compensation for protection measures is expressed between the articles 141 to 144 of the Code of Criminal Procedure (CCP). Individuals can claim compensation for a limited number of cases arranged in the article 141 of the Code of Criminal Procedure for protection measures. Compensation hereby can be requested from the State, not from the responsible, within three months since the date of the judgement that there is no room for the prosecution or the date of notification of the finalization of the judgement or in any case within a year since the date of finalization of the judgement via assize courts. The State recourses to those responsible for the compensation it has paid for the protection measures. Those who are recoursed by the state, could be adjudicators, public prosecutors and calumniators, perjures in accordance with the CCP. However, it is possible for the state to recourse to other public officials who perform injustices or unlawful acts in respect of protection measures in accordance with the general principles of the administration. In the first part of our study, after making general statements about protection measures, the second part informed about the concept of recourse. In the third part, the issue of recourse for compensation owing to the protection measures was discussed. In this section, detailed explanations are made concerning the individuals that the state can recourse to, and consequently it is assessed the duration, competent court and place of the jurisdiction of the compensation case