Liability of the public administration and full remedy actions
- Pecuniary and non-pecuniary damage arising from an administrative act or action
- Liability claims under service fault, the risk principle, social risk and the principle of equality before public burdens
- Damage arising from the activities of municipalities, public hospitals, law enforcement, public institutions and other administrations
- The preliminary application to the administration, the link with an annulment action, the competent administrative court and full remedy action procedures
- Determining the distinction between the judicial and administrative courts for damage arising from a public service
Unlawful protective measures and compensation arising from criminal proceedings
- Review of compensation claims arising from apprehension, detention, arrest, search, seizure and other protective measures
- Determining the ground for application, the competent authority and the time limits under the Code of Criminal Procedure
- Assessing the Compensation Commission route of application for certain claims listed in the law
- Documenting the loss of assets and earnings and the effects on personality values
- Review of the criminal file, finality and notification records
The Relationship Between a Criminal Investigation or Trial and a Compensation Claim
The same event may give rise both to criminal liability and to private-law or administrative-law liability for compensation. Records, statements, footage, forensic medicine and expert reports in the criminal file may be important for the compensation file; however, the existence of a criminal case does not always require the compensation claim to be put on hold or its outcome to be adopted as it stands.
The effect on the compensation action of a complaint, victim–offender mediation (uzlaştırma), a decision of non-prosecution, acquittal or conviction must be examined separately, in light of the reasoning of the decision, the finding of material facts and the applicable legal rules. While the criminal process continues, the statute of limitations and the preservation of evidence for compensation purposes should not be overlooked.
Distinguishing Administrative Acts, Administrative Actions and Criminal Measures
The fact that a public institution is a party does not by itself subject every dispute to the same procedure. A general time limit for bringing an action should not be applied without determining the basis of the claim and the competent branch of the judiciary.
Preliminary application in administrative actions
Under Art. 13 of the Administrative Procedure Law (İYUK), an application to the relevant administration is generally provided for within one year from learning of the action and in any case within five years from the date of the action. Situations such as learning later of the damage or of the administrative nature of the action are examined together with case law. The time limit for bringing an action after the application is rejected or no response is given within thirty days is calculated separately. For administrative acts, Art. 12 and the relevant special provisions are assessed.
The Compensation Commission or the court?
For claims under Code of Criminal Procedure (CMK) Art. 141/1-e, f and l, the Compensation Commission route is assessed, taking into account Law No. 6384 and the transitional provisions. For other protective measures, the competent authority is determined separately. The Commission is not the general place of application for all compensation disputes.
Should you wait for the criminal file to end?
Waiting is not the right course in every event. The finding of material facts in the criminal decision, the reasoning of the decision, the legal characterization and the compensation time limit are examined together. An acquittal does not automatically remove all liability for compensation; nor does a criminal application stop the compensation time limit in every case.