Drug Trafficking Offense
Crime of drug traffickingis regulated in Article 188 of the Turkish Criminal Code No. 5237. It is an elective movable crime that can be committed in more than one way with the manufacture, import, export, sale within the country, supply (supply) to others, dispatch, transport, storage or purchase or acceptance of drugs or stimulants for the purpose of trade.
Drugs such as weed, kubar, cannabis, opium, which are referred to as marijuana are the subject of drug trafficking, are punished from the normal state of the crime, while narcotic substances such as heroin, cocaine, morphine or base morphine are treated in a qualified form that requires a more severe punishment of the crime.
Scope of Drug Trafficking Crimes
Offense of Manufacture of Drugs: It refers to the processing of a substance or a drug substance into another drug substance. Suitable place for drug manufacturing, tools and materials must be conducive to drug manufacturing. Especially after the determination of the crime has been committed, it is necessary to determine whether the materials seized at the scene are suitable for manufacturing by specialists such as the Forensic Medicine Agency.
Crime of Importing Narcotic Substances: If drugs or stimulants are introduced into the country from abroad without a license or without a license, a crime of importation of drugs or stimulants will occur. It does not matter that the drug or stimulant is transferred to the country through the customs gate or from any place of land, sea and air borders outside the customs gate, but the fact that it has been introduced into the Turkish borders from abroad is sufficient for the crime to occur.
Offense of Exporting Drugs: Drug export is the removal of drugs contained within the borders of a country to another country, that is, outside the borders of the country (TCK article 188/1). Exporting drugs is a verb that occurs only when the drug passes through the customs gate (border gates).
Offense of Dispatch or Transporting Drug Substances: The transfer of a drug substance from one place to another for the purpose of supplying a drug to another person or providing a benefit by transferring it is classified as a “crime of shipment or transportation of narcotic substances”. The transport and dispatch process here must be within the borders of the country. (TCK Article 188/3)
Offense of Admitting and Possessing Drug Substances: What must be understood from the act of acceptance herein is that he accepts the given drug substance for purposes other than its intended use and passes it to his possession, that is, to his possession. Intentional possession may be defined as possessing a drug or stimulant belonging to him or someone else in such a way as to possess it unlicensed or unlicensed otherwise than for personal use.
Selling, Desiring, or Buying Drugs: The crime of selling drugs refers to the transfer of the drug substance to someone else for a price. Making the drug available for sale implies making some preparatory actions for the sale of the drug substance, even if it has not yet reached the sales stage. The crime of purchasing drugs, on the other hand, consists in the fact that the person who received the drug purchased it for commercial purposes, and not for personal use. The punishment for the acts of selling, supplying or purchasing drugs is the same (TCK article 188/3).
Offense of Procuring (Giving, Procuring to Another) Drug Substance: The act of supplying drugs, that is, the act of supplying drugs to another person, is the act of giving to another person the drug or stimulant substance contained in him or obtained by any means, without the purpose of sale and without any price. The key point in the crime of supplying drugs is that the perpetrator transfers the drug substance to others, except for the purpose of selling or making it available for sale. It does not matter for what purpose the person taking the drug takes it. The act of supplying drugs and stimulants to a person to use for his own personal need constitutes an offence defined in the law as “giving the drug to another” (TCK Article 188/3).
Penalty for Drug Trafficking Offense
The punishment for the offence of manufacturing and trafficking in drugs or stimulants is ordered according to the form of the offence committed in Article 188 of the TCK as follows;
· Drugs or stimulant substances unlicensed or unlicensed Manufactured, imported or exported person, imprisonment from 20 years to 30 years and up to twenty thousand days judicial fine is punished with. Therefore, the export of drugs or stimulants is classified as import from the point of view of the other country, the part of the sentence imposed as a result of the trial in that country is deducted from the penalty imposed as a result of the trial for the export of drugs or stimulants in Turkey.
· Drugs or stimulants within the country without a license or unlicensed selling, offering for sale, giving (supplying) to others, shipping, transporting, storing, buying, accepting, possessing the person is punished with imprisonment for not less than 10 years and a judicial fine of up to twenty thousand days. However, if the person giving or selling drugs or stimulants is a child, the prison sentence imposed on the person who gives or sells drugs or stimulants cannot be less than fifteen years.
· If the above mentioned drugs or stimulants are heroin, cocaine, morphine, synthetic cannabinoids and derivatives or base morphine, the penalty to be given is increased by half.
- Acts of selling, supplying, supplying (supplying) to others, transporting, storing, buying, receiving, possessing drugs; buildings and facilities for collective treatment, education, military and social purposes, such as schools, dormitories, hospitals, barracks or houses of worship, and, if any, perimeter wall, wire mesh or similar Committed in public or public places within a distance of more than two hundred meters from the limits determined by obstacles or signs, if the penalty for the crime is imprisonment for not less than 15 years and a judicial fine of up to 30 thousand days (TCK Article 188/4)
- If all of the above drug offences are committed jointly by three or more persons, the penalty shall be increased by one fold (Article 188/5 of TCK Article 188/5).
- The provisions of the above paragraphs shall also apply in respect of all substances whose production is subject to the permission of the official authorities or the sale of which is subject to a prescription issued by the competent medical authority and which has the effect of narcotic or stimulant substances. However, the penalty to be given can be reduced by half (TCK article 188/6).
- Any person who imports, manufactures, sells, buys, ships, transports, stores or exports into the country the substance used in the production of drugs or stimulants and subject to the permission of the importing or manufacturing official authorities, without producing a drug or stimulant effect, is subject to imprisonment for not less than eight years and a criminal fine of up to twenty thousand days punished (TCK Article 188/7).
- If the offences defined in this article are committed by a doctor, dentist, pharmacist, chemist, veterinarian, health officer, laboratory technician, midwife, nurse, dental technician, patient carer, health care provider, person engaged in chemical or pharmaceutical trade, the penalty shall be increased by half (TCK Article 188/8).
Effective Remorse Provisions for Drug Trafficking Offenses (TCK 192)
The person or persons involved in the drug trade show remorse under their free will and assist the competent authorities in order to compensate the damage suffered by the public. It is the institution to be applied if they show such positive behavior as who or who was involved in the commission of the crime, for what purpose it was committed, showing the place of the crime, showing the location of the crime, showing the location of the crime.. Article 192 of the Turkish Penal Code contains two separate penitential provisions;
· In the event of effective remorse before being notified by the official authorities of the crime,
If a person who has participated in crimes of manufacture and trafficking of drugs or stimulants, before being notified by the official authorities, notifies other accomplices and the places where drugs or stimulants are stored or manufactured, if the information provided leads to the capture of the accomplices or the seizure of the drug or stimulant substance, he shall be sentenced to a penalty if the information provided leads to the capture of the accomplices or the seizure of the drug or stimulant substance, does not.
· In the event of effective remorse after being notified by the official authorities of the commission of the crime,
Upon notification of these crimes, the penalty for the person who served and assisted the perpetrator or other accomplices to the commission of the crime and the capture of the perpetrator or other accomplices is reduced to one-quarter to one-half, depending on the nature of the assistance.
As can be seen, the stage at which remorse is shown after the commission of the crime in question is an extremely important issue in terms of reducing the sentence.
Difference Between Drug Use and Trafficking
The crimes of drug trafficking and use are completely different from each other, and in our previous article crime of drug useWe have dealt with the criteria and the punishments meted out. Again, it is worth noting that there are sharp differences that distinguish the two crimes. If we consider them briefly;
· One of the most important distinctions in the crime of drug use and the crime of trafficking is the amount of drug substance seized. The possession of an individual in quantities exceeding the limit of personal need constitutes a presumption of possession of the drug substance other than for the purpose of personal use. It is generally reported by the Forensic Medicine Agency that people can consume cannabis three times a day, with 1-1.5 grams each time the limit deemed appropriate for use. That is, on average, it is considered 3-4.5 grams per day. Accordingly, a person who has a drug in excess of the amount of annual use constitutes a presumption that he possessed the drug other than the purpose of using the drug.
· The other criterion of whether the person possesses the substance in his possession for use or for trade is the action he commits. For example, a witness who says he sold the substance in his possession, a whistleblower or someone who says he bought it from him, or if anyone says he or she has committed a drug trafficking crime.
· Where the drug substance is seized is also extremely important. Typically, people who use drugs keep drugs that are within the limits of daily use in their pocket, vehicle, home, or workplace. That is, places where it can be easily reached. But the people who do their trade hide it in places such as warehouses, so-called zula.
· Another criterion is the shape and form of the seized substance. For example, sensitive scales, packaging bags, firecrackers where drugs are caught, can mean that drugs are being trafficked. However, people who use it usually make the drink ready to use the drug.
The criteria considered in the form of articles above are aspects that are also noted in many court and supreme court decisions.
Drug Lawyer
The term drug lawyer is extremely wrong, and there is no branch of law called a drug lawyer, a felony lawyer, or a criminal defense attorney. Therefore, the first important thing to consider when looking for the best drug lawyer or drug lawyer is the professional skills, experience and whether the lawyer you refer to as a drug lawyer represents you in the best possible way when defending. So keep these considerations in mind when looking for the best drug lawyer or drug lawyer.
Drug Lawyer Istanbul
It does not matter where the lawyer who handles the drug cases you are going to work on is or where the crime was committed. It makes no difference if your case is seen in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses. The important criterion here is that the lawyer with whom you are going to work effectively defends. That is why when searching for drug lawyer, you do not need to search for drug lawyer Istanbul, drug lawyer Bakırköy, drug lawyer Çağlayan, drug lawyer Kartal.