Drug Trafficking, Use Crime and Penalty

The offence of manufacturing and trading drugs or psychoactive substances, regulated under Article 188 of the Turkish Penal Code, is an alternative-intent crime committed through the manufacturing, importing, exporting, domestic selling, offering for sale, transferring to others, dispatching, transporting, storing, or purchasing or accepting for commercial purposes of drugs or psychoactive substances.

This crime is committed for financial gain. However, since the profit to be obtained from the commission of the crime cannot be determined with certainty, it is envisaged that a judicial fine may be imposed in addition to a prison sentence if the crime in question is committed. Neither are narcotic and psychotropic substances defined in the text of the article, nor has a restrictive list of them been provided. The purpose of not imposing such a limitation is to broaden the scope of the fight against the manufacture and trade of narcotic and psychotropic substances.

It is observed that with advancing technology, the variety of drugs or stimulants has increased and costs have decreased. Consequently, access to drugs or stimulants has become easier. The low prices of drugs or stimulants and increased accessibility have also begun to lower the age of drug use. Therefore, the penalties prescribed by the legislature have been made deterrent in scale, taking into account the protected interest.

Turkish Penal Code Article 188 - Offence of Drug Use and Trafficking

1. Any person who manufactures, imports or exports narcotic or psychotropic substances without a licence or in breach of a licence shall be sentenced to imprisonment from 20 to 30 years and a judicial fine from 2,000 to 20,000 days.
2. Because the act of exporting drugs or stimulating substances is considered importation by the other country, the executed part of the sentence imposed as a result of the trial held in that country shall be deducted from the sentence imposed in Turkey as a result of the trial to be held for the exportation of drugs or stimulating substances.
3. A person who, without a licence or in violation of the licence, sells, offers for sale, gives to others, dispatches, transports, stores, purchases, accepts, or possesses narcotic or psychotropic substances within the country shall be sentenced to a prison term of not less than 10 years and a judicial fine of one thousand to twenty thousand days.
4. (Amended: 27/3/2015-6638/art. 11)

Aggravating Factors

This is set out in Article 188(3) et seq. of the Turkish Penal Code:

• Commission within the framework of the activity of an organisation established for the purpose of committing offences (Turkish Penal Code art. 188/6)
• Commitment of the offence (Turkish Penal Code art. 188/4-b) in or around buildings and facilities used collectively for treatment, education, military and social purposes
• The victim of the supply or sale of drugs being a child (Turkish Penal Code art. 188/3)
• being heroin, cocaine, morphine, synthetic cannabinoids and their derivatives, or base morphine (Art. 188/4-a of the Turkish Criminal Code)
• Committed jointly by three or more persons (Article 188(5) of the Turkish Penal Code)
• Commission of the offence by a person providing healthcare services, or engaged in chemistry or the pharmaceutical trade (Turkish Penal Code art. 188/7)

Penalty for Drug Use and Trafficking Offences

• Imprisonment from 20 to 30 years and a judicial fine from 2,000 to 20,000 days for the offences of manufacturing, importing or exporting narcotic or psychotropic substances without a licence or in violation of the licence
• Imprisonment for not less than 10 years and a judicial fine from 1,000 to 20,000 days for the offences of selling, offering for sale, giving to others, dispatching, transporting, storing, purchasing, accepting and possessing within the country

The Offence of Drug Use (Turkish Penal Code Article 191)

1. Any person who purchases, accepts or possesses a narcotic or psychotropic substance for the purpose of using it, or who uses a narcotic or psychotropic substance, shall be liable to a prison sentence of between 2 and 5 years.
2. In the investigation initiated for this crime, a decision shall be made to suspend the filing of the public lawsuit against the suspect for a period of five years.
3. Probation measures shall be applied, and they may be subjected to treatment if deemed necessary.
4. If the person commits another offence during the deferment period, a public prosecution is brought against them.

Effective Remorse in Drug Offences (Turkish Penal Code Article 192)

1. A person who is an accessory to the offence of manufacturing and trading narcotic substances will not be punished if, before the authorities are informed, they report their accomplices and the locations where the narcotic substances are hidden.
2. A person who purchases, accepts, or possesses drugs or stimulants for personal use shall not be penalised if, before being detected by the authorities, they ensure the apprehension of the offenders or the seizure of the drugs.
3. The sentence of a person who voluntarily helps to reveal the crime and apprehend the perpetrators after the crime has been committed may be reduced by one quarter to one half.
4. No penalty shall be imposed if a person who uses drugs applies to official authorities or health institutions and requests treatment before an investigation is initiated.

Jurisdiction in Drug and Stimulant Offences

Trials concerning the offence of manufacturing or trafficking narcotic substances are heard by the heavy penal court. The offences of purchasing, accepting or possessing narcotic or psychotropic substances for personal use fall within the jurisdiction of the criminal court of first instance.