In short
Pecuniary compensation speaks of the item of damage. Non-pecuniary compensation speaks of a personality value. A criminal judgment does not itself produce a payment.
The item of Article 174 of the Turkish Civil Code for a spouse in divorce sits on the pecuniary and non-pecuniary compensation in divorce page.
The loss of maintenance on a death sits on the loss of support page. The order of the traffic items is in a separate note.
Subject-matter jurisdiction can be looked at for the civil or consumer capacity.
Related notes: traffic compensation.
A general look at the concept of pecuniary and non-pecuniary compensation
Pecuniary and non-pecuniary compensation are two basic legal tools directed at remedying different kinds of damage that appeared because of an unlawful act. In practice these concepts are often mentioned together. The purpose, the method of calculation, and the ground of proof of each are different. Pecuniary compensation aims to make good the diminution in the assets. Non-pecuniary compensation aims to ease the effect of the non-pecuniary shock the person lived.
Building this separation correctly affects the strategy of the request directly. Saying only "I was damaged" is not enough on most files. Which damage will be advanced under which legal heading needs to be made clear. The contribution to maintenance that was cut because of a death is not a copy of the pecuniary and non-pecuniary pair. That question sits on the compensation for loss of support page. Especially in events where more than one legal process intersects, a wrong classification of the requests can affect the course of the action negatively.
Looked at from the point of view of disputes connected with criminal law, a link can be built, as to evidence and assessment, between the investigation or prosecution file and the request for compensation. Together with that, it cannot be said that every criminal file automatically gives rise to a result of compensation. The character of the criminal file, the finding of the facts, and the scope of the assessment in the civil proceedings should be taken together. For a wide frame it is useful to read it together with the content of the criminal law practice area.
What does pecuniary compensation meet?
Pecuniary compensation is directed at meeting the direct loss that formed in the assets, or the gain that was lost. Compulsory expenses made because of the event, a loss of value, treatment expenses, or a loss of income tied to a reduction of the capacity to work can be discussed under this heading. To what extent which item will be requested changes according to the kind of the event.
The success of pecuniary compensation depends to a large extent on the quality of the documentation. Tools such as an invoice, a receipt, a bank record, a report of incapacity for work, a wage payroll, and an expert examination help the calculation of the damage to be made on an objective ground. Items that do not rest on a document, or that are left abstract, can narrow during the proceedings, or be refused entirely.
A problem often seen in practice is the incomplete listing of the real items of damage. For example, focusing only on the first treatment expense and forgetting the long-term care expenses can break the economic integrity of the file. In the same way, if the earlier level of income cannot be made concrete in a claim of loss of income, it becomes difficult for the court to form a view. For this reason drawing the damage item by item strengthens the technical skeleton of the request.
The purpose and the limits of non-pecuniary compensation
Non-pecuniary compensation aims at the partial remedying, with money, of the shock that occurred in the person's personality values. The aim here is not to punish. It is to ease, in a way that fits equity, the non-pecuniary burden the event created in the injured person. For this reason the amount of non-pecuniary compensation is determined not by looking only at the figure that was requested, but by taking into account all the conditions of the event.
Non-pecuniary compensation can come onto the agenda in many different events, such as insult, defamation, a violation of private life, acts that give rise to bodily damage, or losing a relative. For example, in the context of the offence of insult, the damaging of the person's standing in society can be one of the bases of a request for non-pecuniary compensation. In every concrete event the weight of the violation, its spread, and its effect on the person are assessed separately.
One of the uncertain areas of non-pecuniary compensation is the discussion of "the fitting amount". The deciding authority builds a balance through the economic situation of the parties, the form of the event, the effect of the violation, the intensity of the fault, and the principle of equity. For this reason, although precedent decisions are guiding, the own context of each file continues to be determinative.
The basic elements of liability for compensation
In most private-law disputes, certain elements being found together is looked for for liability for compensation. These elements offer a general logic:
- An unlawful act, or conduct of violation
- The damage the claimant was exposed to
- Fault that can be attributed to the defendant, or the related regime of liability
- An adequate causal link between the act and the damage
One of these four elements staying weak can affect the whole of the request. The causal link in particular is one of the headings discussed most in practice. If it is not clear whether the damage truly arose from the act that was advanced, the request can narrow on its pecuniary or its non-pecuniary side.
On some files special regimes can also come onto the agenda, such as liability without fault, the liability of a person who employs another, or liability for a danger. For this reason the analysis of compensation is not of a single type. The legal frame to be applied needs to be determined correctly according to the source of the event.
The relation between the criminal file and the request for compensation
In events where a criminal investigation or prosecution is running, injured persons often ask the question "should the criminal action end first?". This question does not have a single answer. The evidence that appeared on the criminal file can be important in the action for compensation. In some situations it is also possible to advance the request for compensation independently.
For example, on files where there are discussions of a protective measure such as when is a detention decision given, the finding of fact in the criminal process and the private-law request can move on different axes. The purpose of the criminal proceedings is to assess the charge of an offence from the point of view of public order. The purpose of the action for compensation is to build the balance of damage and of liability.
In determining the fitting strategy, limitation, access to evidence, the scope of the file, and the pace of the proceedings are assessed together. On some files the criminal file becoming final is waited for. On some files waiting can increase the risk of loss of a right. For this reason it is important that the process is planned together when the event is learned.
Proof of the damage: why is the management of evidence determinative?
On compensation files a strong request is conducted with a strong organisation of evidence. Not only the existence of the evidence, but also its being gathered in accordance with procedure and presented in time, is of critical importance. Otherwise requests that could essentially be seen as justified can weaken because of technical gaps.
The kinds of evidence often used are these:
- Medical reports, forensic reports, and expert views
- Income documents, wage payrolls, tax records
- Invoices, receipts, and bank movements
- Correspondence, digital records, minutes
- Witness statements and camera images
In requests for non-pecuniary compensation the thought "there is no document" is widespread. Reports that support the effect of the event on the person, witness accounts, or social results can matter in the assessment. The kind of the evidence should be built in fit with the event. Not every document carries the same weight on every file.
How should the items of pecuniary damage be planned?
In requests for pecuniary compensation the items of damage need to be listed systematically. Showing the basis of each item clearly, rather than figures requested at random, gives a more sound result.
In practice these headings can be assessed:
- Compulsory expenses made directly
- Expenses of repair or of improvement
- Loss of the capacity to work, and a reduction of income
- Foreseeable economic losses directed at the future
- Side costs that arose because of the event
All of these headings may not be found on every file. Leaving the items that are found incomplete causes the total request to remain under the real damage. Especially on files of damage with a long effect, a sustainable assessment of the damage should be made, rather than focusing only on the loss of the first period.
Paths of resolving the dispute: options outside an action
Disputes over compensation do not always have to end by the classic path of an action. According to the character of the event, mechanisms of talks between the parties, of settlement, or of mediation can come onto the agenda. The scope and the limits of the institution of settlement in criminal procedure should be examined separately according to the branch of law of the dispute.
The main advantages of methods of resolution outside an action are the shortening of the period, the cost becoming foreseeable, and being able to produce a solution without breaking the parties' relationship entirely. In this process the text being built clearly is a condition. Settlement provisions that remain uncertain can give rise to a new dispute.
In the text of the agreement, the payment calendar, the amount, the scope of the waiver, the path of application in case of breach, and the manner of performance should be made clear in particular. Otherwise the assumption "the problem was solved" can turn into a new file in a short time.
Limitation, procedure, and strategy
In requests for compensation, limitation is not only a technical detail. It is a matter of procedure that gives rise to a direct result. If the period is missed, negative results can be met without entering the merits of the action. Because the calculation of the period changes according to the character of the event, a single general formula cannot be used.
At this point three subjects should be followed together:
- When the event and the person responsible were learned
- The regime of the special statute, or of the general provision, that will apply
- If there is a criminal process, its effect on the calculation of the period
Beside the management of the period, the choice of the court of subject-matter jurisdiction and of venue, the planning of fees and of costs, the need for an expert, and the calendar of presenting evidence also affect the efficiency of the file. A small procedural mistake made at the start can create delays that are hard to remedy throughout the proceedings.
Ankara and the context of local practice
In disputes over compensation heard in Ankara too, the basic frame rests on national legislation. The density of the local court, the intervals of hearings, and the expert processes can affect the pace of the file. The legal merits are determined according to the character of the file. For this reason knowledge of local practice does not stand in for knowledge of the legislation. It is a completing element.
Especially on files that touch more than one field of law, conducting the criminal and private-law processes in a coordinated way is important. If the presentation of evidence, the planning of witnesses, and the report process are not organised from the start, the proceedings can lengthen. Planning by file increases the accuracy of the request as well as the period.
A final assessment and a note of information
Pecuniary and non-pecuniary compensation are two separate legal mechanisms that take the different dimensions of damage of the same event. A successful request for compensation is possible with a correct legal characterisation, a sound management of evidence, a follow-up of the period, and a realistic plan of the request. Especially in disputes connected with criminal law, the effect of the processes on each other needs to be read correctly.
This content carries the purpose of general information. Each dispute should be assessed according to its own special conditions, to the structure of the evidence, and to the current legislation. Making a forecast of a certain result, or of an amount, without an examination of the concrete file is not sound.
How the item of compensation is separated
A loss of assets and the item of a personality value are not gathered on the same line. The office being in Çankaya does not change the competent authority. This separation is read from the compensation file. A criminal judgment does not itself produce the result of payment. The item of damage is read from the document.
Conclusion
This note is for general information. The document, the period, and the procedure of the concrete event should be read separately. There is no promise of a result by rote.