Those Having Right to Submit the Petition for Claiming Compensation from Defendant in Civil Cases in Connection with An Offence according to the Criminal Procedure Code, Section 44/1: Case Study of Comparison between Supreme Court Decision No. 5419/2554 and Supreme Court Decision No. 5400/2560 (Plenary Session)

Abstract

                   This article undertakes the comparative research on supreme court decisions concerning those who have right to submit the court petition for claiming compensation from defendant in civil cases in connection with an offence shall be a victim merely. The case brings problem about should a victim participating in an offence has right to claim compensation from other party in a case public prosecutor being a plaintiff.

                    According to the study, the Supreme Court Decision No. 5419/2554 was announced that those having right to claim compensation shall be a victim who does not participate in mentioned offence. Later, the Supreme Court Decision No. 5400/2560 (Plenary Session) argued that even a victim was an accomplice in an offence, he/she shall have right to claim compensation. The latter Supreme Court Decision obeys the spirit of the Criminal Procedure Code, Section 44/1 which determines that a victim in a criminal case shall have right to submit the petition for claiming compensation from an accused in a case public prosecutor being a plaintiff which benefits the victim so that he/she is not required to bring a case to the civil court for claiming compensation.

                     The author agrees with Supreme Court Decision No. 5400/2560 (Plenary Session) but the decision is not the law, so a decision could be made with other solution. The Criminal Procedure Code should be amended and determined that “victim and victim participating in an offence or committing an offence shall have right to submit the petition for claiming compensation from an accused in a case public prosecutor being a plaintiff” for efficiency in law enforcement.