In this article, we will consider the place, albeit partially, of the crime of drug use, which has increased in our country in recent times, in our laws and in the light of the decisions of the Supreme Court. Wish it was useful.
Offense of Drug Use (TCK191)
A person who buys a drug substance (marijuana, heroin, cocaine, bonzai, extasy, etc.) for personal use, accepts and possesses the drug substance for any purpose is guilty of drug use or possession. (TCK md.191)
The most important criterion here is to possess the drug substance for use. That is, what constitutes the accomplishment of the crime is having it on you and on your vehicle to use the substance in question. Therefore, in the case of possession of drugs in excess of their personal need, the perpetrator or perpetrators are punished with the manufacture and trafficking of TCK 188 Drugs or stimulants.
Terms of the Crime of Possession of Drugs for Use According to the Legislation
“TCK191, the crime of possession of drugs for use” and “TCK 186 crime of manufacture and trafficking of drugs” are completely independent of each other, but their sanctions are also separate. That is why it should not be confused. In order to determine whether the act committed is for use or for trade, it is necessary to evaluate the defendant's claim, his purpose in the light of the collected evidence. The purpose of the defendant is tried to be understood using the following criteria, as stated in the decision previously made by the court (Court of JusticeCGK - 2013/423):
The most important criterion in the distinction between possession of drugs (cannabis, heroin, cocaine, bonzai, etc.) for use and drug trafficking is the amount of drug substance seized. The possession of the drug substance seized on the defendant, in his residence or vehicle in an amount exceeding the limit of personal need is an obvious indication that the drug is in possession of the drug other than for personal use (e.g. sale trade, transportation, etc.). The amount that can be accepted for personal use varies according to the state and conditions in which the person is, that is, his physical and spiritual structure, as well as the type and variety of drug or stimulant substance. In addition, it is reported in the regulars of the Forensic Medical Institution that cannabis users can consume cannabis three times a day, 1-1.5 grams each time. Accordingly, it is generally accepted that a defendant who possesses a drug substance in excess of the amount of annual use, for example, taking into account the daily use account, possesses the drug for the purpose of using the drug other than for the purpose of using it.
- It should also be investigated on a case-by-case basis whether the defendant was involved in selling or transporting the drug substance in his hands to someone else. For example, in the case of technical or physical follow-up, eyewitnesses or even more than one defendant, the basis of the relationship between the accused should be the case of sale or transfer.
- Taking into account the place where the drug or stimulant substance is possessed by the defendant, it must be established whether the drug substance is possessed for use or for trade. Anyone who has drugs for his personal need always has it in a place within easy reach (for example, home, workplace, car, etc.). The fact that the drug is stashed in a place that is not easily accessible (for example, a warehouse, or hidden compartments) is an indication that drugs are being trafficked. In some cases, the distance or nature of the location between the seized substance and the defendant is even important. For example, it must be ascertained whether the drug substance seized in an unowned building belongs to the defendant only with the support of other evidence.
- Another important criterion is the manner in which the drug or stimulant is seized is also one of the important criteria for determining the type of crime. For example, if the drug is more than one, small packages or gelatinized in the form of identical sizes (usually the packages are the same gram) or gelatinized, precision scales for weighing at or near the place where the drug is seized, and packaging materials used in the preparation of packages, etc., are important in that the drug is kept for a purpose other than use will be symptomatic.
Penalty for the crime of using or possessing drugs
TCK 191; (1) A person who purchases, accepts or possesses a drug or stimulant substance for use, or uses a drug or stimulant substance is punishable by imprisonment from two years to five years.
The drug for use shall be processed in public or public places within a distance of less than two hundred meters within the limits of a perimeter wall, wire mesh or similar barrier or sign, if any, for therapeutic, educational, military and social purposes, such as schools, dormitories, hospitals, barracks or places of worship is increased.
Probation of Probation and Violation Cases in Drug Use Offences
In the case of the crime in question, the measure of probation is applied as follows:
The public prosecutor notifies the decision to postpone the opening of the public case against the suspect for a period of 5 years, as well as the obligations imposed on the suspect, together with the reasons for the suspect. It is now sent to the Probation Office to follow up the file. After this stage, the Probation Office notifies the suspect for participation in the programs and asks him to participate in the program within 10 days. If the participation does not occur during the said period, the Inspectorate, together with its reasons, closes the file and sends the violation file to the prosecutor's office. Assesses whether or not to open a public case against the accused again in the relevant prosecutor's office.
In another case, if the Suspect violates the program 2 times after starting the probation program by applying within 10 days, the probation file is closed and sent to the prosecutor's office after being subjected to the same procedures again due to the violation.
If the suspect complies with the obligations of supervised release during the period of postponement, the decision is made that there is no place for prosecution about him.
If the obligations of probation are violated, a court hearing is opened. The court will now receive the necessary defenses of the defendant, provided that his defense has been previously received, “because of the alleged failure to comply with the measure of treatment and probation,” and the court will make a final decision on the basis of the violation. In addition, it will usually be possible to decide if the accused does not come, stating that a decision will be made even in his absence.
Postponement of Sentence for the Crime of Possession of Drugs to Use, Conversion to a Criminal Fine and HAGB Cases
Judicial fine, The crime of using drugs is not a crime that is amenable to a criminal fine due to the amount of the penalty.
Refusal of the disclosure of the provision, Due to the offence of drug use, the decision to withhold the disclosure of sentence (HAGB) as a result of a trial after the opening of a public case can be issued after a joint assessment of the defendant's status and situation by the relevant court. If the court concludes that the defendant will not commit the same offence again, the HAGB may decide.
Procrastination, crime of drug useHis prison sentence may be delayed.
Effective State of Remorse in the Crime of Drug Use (TCK192)
(1) If a person who has participated in crimes of manufacture and trafficking of drugs or stimulants informs him of other accomplices and the places where drugs or stimulants are stored or manufactured, before being notified by the official authorities, the information provided leads to the capture of the accomplices or the seizure of the drug or stimulant substance, if the information provided leads to the capture of the accomplices or the seizure of the drug or stimulant substance, can not be molested.
(2) A person who purchases, accepts or possesses drugs or stimulants for use shall not be punished if, before being notified by the official authorities, he facilitates the apprehension of offenders or the seizure of the drug or stimulant substance by informing him of who, where and when he has obtained such substance.
(3) The penalty for the person who served and assisted the perpetrator or other accomplices voluntarily upon notification of such offences shall be reduced by up to one quarter to one-half, depending on the nature of the assistance, to be given to the person who served and assisted the perpetrator or other accomplices of the crime.
(4) If the person who uses drugs or stimulants requests to be treated by contacting the official authorities or health institutions before an investigation is initiated for the purchase, acceptance or possession of drugs or stimulants for use against him, he shall not be punished. In this case, public officials and members of the health profession are not obliged to report the crime in accordance with Articles 279 and 280 th.