Drug and stimulant substances are non-essential substances for life that distort the user’s perception of reality, influence their emotions and thoughts, and lead to differences in their behavior and decision-making. These substances easily lead to addiction and are harmful to human health.
Drug substances are classified into two groups based on their production methods: natural and synthetic. Natural drug substances are derived from plants and have narcotic and stimulant effects. When natural drug substances are categorized based on the plant species they are derived from, they fall into three groups: cannabis and its derivatives (marijuana), poppy and its derivatives (opium, morphine, heroin, codeine), and coca plant leaves and their derivatives (cocaine, crack).
Synthetic drugs or stimulants are artificially produced drugs through advanced chemical reactions in laboratory settings. These substances are categorized into four groups: depressants, tranquilizers, stimulants, and hallucinogens. Stimulants include amphetamines, methamphetamines, ecstasy, and Captagon.
Crimes related to the manufacturing and trafficking of drugs and stimulant substances are regulated under Article 188 titled “Manufacturing and Trafficking of Drugs or Stimulant Substances” of the Turkish Penal Code.
In the first paragraph of the article, it is stated that the unauthorized or non-compliant production, importation, or exportation of drugs or stimulant substances is a crime.
In the third paragraph of the article, it is stated that the sale, offering for sale, delivery to others, transportation, storage, purchase, acceptance, possession, and keeping of drugs or stimulant substances without authorization or in violation of regulations within the country is a crime.
In the seventh paragraph of the article, the importation, production, sale, purchase, transportation, storage, or exportation of substances used in the production of drugs or stimulants, which require permission from official authorities, is considered a crime, even if they do not have narcotic or stimulant effects.
Aggravating Circumstances: Article 188 of the Turkish Penal Code specifies the aggravated circumstances of the crime in the 4th, 5th, 6th, and 8th paragraphs.
In subparagraph (a) of the 4th paragraph of Article 188, if the type of drug is heroin, cocaine, morphine, synthetic cannabinoids and derivatives, or base morphine,
In subparagraph (b) of the 4th paragraph of Article 188, if the act is committed in public places within a distance of two hundred meters from buildings and facilities where treatment, education, military, and social purposes are carried out, such as schools, dormitories, hospitals, barracks, or places of worship, as well as their surrounding walls, wire fences, or similar barriers or signs defining their boundaries,
In the 5th paragraph of Article 188, if the crime is committed within the framework of the activities of an organization established to commit the crime,
In the 8th paragraph of Article 188, if the perpetrator engages in certain professions, it is considered as an aggravating factor that increases the punishment.
In the 6th paragraph of Article 188, if the subject of the crime is substances that have a narcotic or stimulant effect and are subject to the permission of official authorities or are regulated by a prescription issued by an authorized physician, the punishment can be reduced by up to half.
The sale of drugs to a child is also regulated as an aggravated circumstance in the law. While the first sentence of the 3rd paragraph of Article 188 of the Turkish Penal Code stipulates that the offender shall be sentenced to imprisonment for not less than ten years, the.
Article 188, paragraphs 1 and 3 of the Turkish Penal Code regulate offenses related to drugs and stimulants, while paragraph 7 covers offenses related to substances used in the production of drugs or stimulants, subject to the approval of official authorities.
Sometimes, multiple aggravating factors regulated in the same paragraph or clause of the law can occur in the same incident. In such cases, when determining the punishment, generally, the number of enhancements will not exceed the number of reasons specified in the same paragraph. The enhancement will occur once, but the punishment will be determined by deviating from the lower limit.
Effective Repentance: Article 192, paragraph 1 of the Turkish Penal Code states, “A person who has participated in the production and trafficking of drugs or stimulant substances shall not be sentenced if, before the official authorities become aware of it, the person informs the authorities of the other accomplices and the places where the drugs or stimulant substances are hidden or produced, and if the information provided leads to the capture of the accomplices or the seizure of the drugs or stimulant substances.” This provision establishes a situation of effective repentance that eliminates the punishment.
Article 192, paragraph 3 of the Turkish Penal Code states, “The penalty to be imposed on a person who voluntarily assists and helps in the discovery of the crime and the capture of the perpetrator or other accomplices, after the crimes have been reported, shall be reduced by one-fourth to one-half, depending on the nature of the assistance.” This provision considers assisting in the identification and capture of accomplices as a mitigating circumstance.
Sanctions: Taking into account the severity and extent of the damage and dangers caused by drugs or stimulant substances, the Turkish Penal Code has established severe and deterrent imprisonment and fines as sanctions for offenses related to the production and trafficking of drugs or stimulants.
According to Article 188, paragraph 1 of the Turkish Penal Code, the penalty for the offense of unauthorized or non-compliant production, import, or export of drugs or stimulant substances is “imprisonment for a period of twenty to thirty years and a fine of up to twenty thousand days”, while the penalty for the offense of selling, offering for sale, delivering to others, transporting, storing, buying, accepting, or possessing drugs or stimulant substances within the country, without causing a narcotic or stimulant effect, is “imprisonment for a period of not less than ten years and a fine of up to twenty thousand days.” Furthermore, the penalty for the offense of importing, producing, selling, purchasing, transporting, storing, or exporting substances used in the production of drugs or stimulants, subject to the approval of official authorities, without causing a narcotic or stimulant effect, is “imprisonment for a period of not less than eight years and a fine of up to twenty thousand days.” The production, import, export, and trade of any substance that causes a narcotic or stimulant effect on the user, and is subject to the prescription authorized by official authorities or authorized physicians according to Article 188, paragraph 6 of the Turkish Penal Code, will be subject to the sanctions provided in paragraphs 1 and 3 of Article 188, but the punishment can be reduced by up to half, depending on the circumstances of the specific case. Due to the difficulty in determining the amount of profit obtained in drug-related crimes and the inability to confiscate it, the Turkish Penal Code also includes monetary fines in addition to imprisonment. The upper limit of imprisonment for offenses specified in paragraphs 3 and 7 of Article 188 of the Turkish Penal Code is not defined. In such cases, Article 49, paragraph 1 of the Turkish Penal Code will be applicable, and the.
The Law No. 5275 on the Execution of Penalties and Security Measures regulates conditional release as a specific enforcement regime and probation measure for recidivists and certain offenders in Article 108, paragraph 1. Furthermore, according to paragraph 9 of the same article, the rate of conditional release for drug trafficking crimes is set at 3/4.
The heavy criminal courts are designated as the competent courts for the trial of drug manufacturing and trafficking offenses, as stipulated in Article 188, paragraphs 1, 3, and 7 of the Turkish Penal Code.
Due to the severe sanctions associated with drug offenses, it is crucial to establish whether the individual acted with intent to engage in trade, whether they possessed the seized substance for personal use, and whether the crime falls under the qualified circumstances established by established precedents of the Court of Cassation. Moreover, given that law enforcement agencies frequently resort to protective measures during the fight against drug offenses, the legality of the obtained evidence also needs to be scrutinized.
Pursuant to Article 128 of the Code of Criminal Procedure, in cases where there is strong suspicion that drug manufacturing and trafficking offenses have been committed and no other means of obtaining evidence are available, it is possible to seize the suspect’s or defendant’s assets.
In the course of the investigation, if there is strong suspicion that drug trafficking has been committed and there is no other way to obtain evidence, upon the request of the public prosecutor and with a judge’s order, it is possible to intercept, record, and evaluate the communications and signal information of the suspect or defendant involved in drug trafficking.
In order to uncover the activities of an organization and its connections, as well as gather evidence regarding crimes committed within the framework of the organization’s activities, another protective measure, the appointment of an undercover investigator, may be employed in cases of drug manufacturing and trafficking or when such crimes are committed within the context of an organization. The activities and workplace of the suspect and defendant can be monitored using technical means, and audio and visual recordings can be made.
All these aspects are meticulously carried out by a defense attorney specializing in heavy criminal cases since the defense plays a crucial role in such situations.
In our office located in the İzmit district of Kocaeli province, we provide consultancy and legal representation services in all criminal cases, including drug trafficking cases, with the assistance of highly skilled criminal defense attorneys.