Drug Possession, Acceptance, Trafficking and Usage Crime

Introduction

Within the scope of combating drug use, trade and production, different crimes and penalties are regulated in the Turkish Penal Code (TPC) and the Criminal Procedure Code (CMK) for deterrence purposes.

Drug is a general term given to psychoactive substances that affect the central nervous system, alter brain functions and cause changes in perception, senses, behavior, consciousness and mood. The most common types of drugs are heroin, cocaine, marijuana, cannabis, amphetamine, methamphetamine and their derivatives.

Drug Use Crime

According to Article 191 of the TPC, a person who purchases, accepts or possesses drugs or stimulants for use, or uses drugs or stimulants, is punished with imprisonment from two to five years.

If it is determined that a person has committed this crime, an investigation is initiated and a decision is made to postpone the opening of a public case for five years. During the postponement period, a supervised release measure is applied to the suspect for a minimum period of one year. This period can be extended by six-month periods for up to two more years.

The person who has been granted a supervised release measure may be subjected to treatment during the supervised release period if deemed necessary. The public prosecutor decides to send the suspect to the relevant institution at least twice a year to determine whether he or she has used drugs or stimulants during the postponement period.

If the person insists on not complying with the obligations imposed on him or her during the postponement period or the requirements of the applied treatment; purchases, accepts or possesses drugs or stimulants again for use; or uses drugs or stimulants, a case is filed.

Importance of Drug Quantity

In practice, some criteria have been developed to distinguish between drug purchase, acceptance, possession and use and more serious crimes that require heavier penalties, such as facilitation of production, trade and use. The main purpose of these criteria is to determine whether the suspect is trading or peddling the relevant substance or substances. These criteria include: type, variety and quantity of the substance, presence of equipment (precision scales, scales, etc.) next to the substance, and the physical conditions of the place where the drug was found. These criteria are evaluated according to the characteristics of the incident.

Collection of Evidence in Drug Crimes

The rules for the collection of evidence in the TPC are applied in the investigation of drug crimes. Law enforcement officers may take measures such as detention, search and seizure of suspects or convicts in connection with drug crimes.

Conclusion

Drug use, trade and production pose a serious threat to society. Therefore, there are different regulations in place for deterrence purposes within the scope of combating these substances. In the event of drug-related crimes, the necessary investigation procedures are carried out by law enforcement and the prosecution, and the perpetrators are punished. The determination of the scope of the act is of great importance due to the differences in the amount of punishment that will be given as a result.